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LAWS 


OF 


NEW  HAMPSHIRE 


INCLUDING 


PUBLIC  AND  PRIVATE  ACTS,  RESOLVES, 

VOTES,  ETC. 


EDITED  AND  PUBLISHED  UNDER  THE  DIRECTION  OF  THE 
SECRETARY  OF  STATE 


VOLUME  NINE 
SECOND  CONSTITUTIONAL  PERIOD 

1821-1828 


CONCORD,  N.  H. 

EVANS    PRINTING    CO 

1921 


JOINT  RESOLUTION  RELATING  TO  THE  PRESERVATION  AND 
PUBLICATION  OF  THE  EARLY  STATE  AND  PROVINCIAL 
RECORDS  AND  OTHER  STATE  PAPERS  OF  NEW  HAMPSHIRE. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
Convened : 

That  His  Excellency  the  Governor  be  hereby  authorized  and  empowered, 
with  the  advice  and  consent  of  the  Council,  to  employ  some  suitable  person — 
and  fix  his  compensation,  to  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  appropriated — to  collect,  arrange,  transcribe  and  superintend  the 
publication  of  such  portions  of  the  early  state  and  provincial  records  and 
other  state  papers  of  New  Hampshire  as  the  Governor  may  deem  proper; 
and  that  eight  hundred  copies  of  each  volume  of  the  same  be  printed  by  the 
state  printer,  and  distributed  as  follows:  namely  one  copy  to  each  [city  and 
town  in  the  state,  one  copy  to  such  of  public  libraries  in  the  state  as  the 
Governor  may  designate]1  public  library  in  the  state,  and  to  each  town  in 
the  state  having  no  public  library,  which  shall  request  the  same,  and  to  such 
publishers  of  neivspapers  requesting  the  same  as  keep  such  open  to  public 
use,2  fifty  copies  to  the  New  Hampshire  Historical  Society,  and  the  remain- 
der placed  in  the  custody  of  the  state  librarian,  who  is  hereby  authorized  to 
exchange  the  same  for  similar  publications  by  other  states. 


3  The  governor  and  council  may  authorize  the  secretary  of  state  from  time 
to  time  to  collect,  arrange,  transcribe,  and  publish  such  portions  of  the  early 
state  and  provincial  records  and  other  state  papers  of  New  Hampshire  as 
they  shall  deem  proper.  Eight  hundred  copies  of  each  volume  shall  be 
printed. 

On  publication  the  secretary  of  state  shall  send  one  copy  to  each  of  the 
following  officers  and  bodies:  To  the  governor  and  members  of  the  council; 
to  the  judges  of  the  supreme  and  superior  courts;  to  each  free  public  library 
in  the  state;  to  the  town  clerks  of  towns  having  no  free  public  library  for 
the  use  of  the  town;  to  such  other  officers  and  bodies  as  the  governor  and 
council  shall  designate.  He  shall  send  fifty  copies  to  the  New  Hampshire 
Historical  Society  and  deposit  the  residue  in  the  state  library. 


4  The  secretary  of  state,  with  the  approval  of  the  governor  and  council, 
may  from  time  to  time  collect,  arrange,  transcribe  and  cause  to  be  printed 
such  portions  of  the  early  state  and  provincial  records  as  he  may  deem  ex- 
pedient.    He  shall  determine  the  style,  form  and  quantity  to  be  printed. 

One  copy  of  each  publication   shall  be  sent  by  the 

department  responsible  for  its  issue,  free  of  charge,  to  each  of  the  follow- 
ing officers  and  bodies:  Governor,  each  member  of  the  council,  each  depart- 
ment and  institution  of  the  state,  the  justices  and  clerks  of  the  supreme  and 
superior  courts,  each  free  public  library  establishd  under  the  laws  of  the 
state,  the  town  clerk  of  each  town  having  no  free  public  library,  the  library 
of  Congress,  the  state  or  territorial  library  of  each  state  and  territory  in 
the  United  States.  Said  departments  may  make  such  further  free  distribu- 
tion of  such  publications  as  they  may  deem  wise,  or  as  the  governor  and 
council  may  direct. 

1  The  words  enclosed  in  brackets  were  stricken  out  of  the  Joint  Resolution  of  August  4, 
1881,  by  the  act  of  March  20,  1901,  Session  Laws,  new  series,  vol.  7,  part  2,  chapter  71, 
sect.  3,  p.  558. 

2  By  the  same  act,  the  words  in  italics  were  inserted  as  a  substitute  for  the  words  stricken 
out,    as   above   stated. 

3  Chapter  29.  sections  27  and  28,  Laws  of  1917. 

4  Chapter   164.  sections  8  and  9,  Laws  of  1919. 


Ill 


STATE  OF  NEW  HAMPSHIRE. 
To  the  Secretary  of  State: 

You  are  hereby  authorized  to  arrange,  transcribe  and  superintend  the 
publication  of  the  Laws  of  New  Hampshire,  public  and  private,  in  chron- 
ological order,  from  the  period  when  the  Constitution  of  1792  took  effect, 
till  the  time  when  the  regular  annual  publication  of  the  Statutes  com- 
menced. 

You  will  also  cause  such  explanatory  notes,  citations,  tables  of  contents 
and  indexes  as  you  may  deem  useful  to  be  prepared  and  made  a  part  of 
the  work. 

This  I  deem  proper  to  be  done,  and  directions  are  given  in  accordance 
with  the  authority  vested  in  me  as  Governor  by  the  provisions  of  the  joint 
resolution  relating  to  the  preservation  and  publication  of  portions  of  the 
state  and  provincial  records  and  other  state  papers  of  New  Hampshire 
approved  August  4,  1881,  and  also  by  the  act  of  February  27,  1917,  Chapter 
29,  Sections  27  and  28. 

Given  under  my  hand  at  Concord  this  27th  day  of  July,  19 17. 

Henry  W.  Keyes, 

Governor. 
With  the  advice  and  consent  of  the  council. 


Executive  Council  Chamber, 
Concord,  September  9,  19 19. 

Voted,  that  the  Secretary  of  State  be  authorized  to  publish  such  portion 
of  the  Provincial  Laws  and  Records  of  New  Hampshire  as  shall  continue 
the  publication  of  said  laws  from  vol.  7,  until  the  time  when  the  regular 
annual  publication  of  the  Statutes  commence,  dividing  the  same  into  vol- 
umes of  convenient  size  and  numbered  in  consecutive  order. 


IV 


TABLE  OF  CONTENTS. 


PAGE 

Officers  of  the  Government, 

1821  . 

I 

Legislation     . 

• 

7 

Officers  of  the  Government, 

1822 

63 

Legislation     . 

• 

69 

Officers  of  the  Government, 

1823 

169 

Legislation     . 

• 

175 

Officers  of  the  Government, 

1824 

255 

Legislation     . 

• 

262 

Officers  of  the  Government, 

1825 

38i 

Legislation     . 

• 

388 

Officers  of  the  Government, 

1826 

477 

Legislation     . 

• 

484 

Officers  of  the  Government, 

1827 

576 

Legislation     . 

• 

583 

Officers  of  the  Government, 

1828 

704 

Legislation     . 

. 

711 

INTRODUCTORY  NOTE. 


This  volume  is  the  ninth  in  the  series  of  Laws  of  New  Hamp- 
shire and  is  published  under  the  same  authority  as  the  preceding 
volumes  were  issued.  It  brings  the  printed  laws  down  to  1828, 
leaving  only  seven  years  more  to  be  printed  in  order  to  connect 
with  the  time  when  the  regular  annual  publication  of  the  laws 
began.  One  more  volume  will  encompass  the  remaining  seven 
years  and  will  be  issued  within  the  year  as  much  of  the  material 
is  already  in  the  press. 

Many  interesting  and  important  events  connected  with  the  his- 
tory of  the  state  are  embraced  within  the  eight  years  represented 
in  this  volume. 

Merrimack  County  was  established  and  constituted  a  political 
division  of  the  state  on  July  1,  1823.  Likewise  Sullivan  County 
was  organized  by  an  act  of  the  legislature  July  5,  1827. 

The  legislature  which  convened  November  19,  1828,  passed  an 
act  dividing  the  state  into  five  councilor  districts.  This  was  made 
necessary  owing  to  the  increase  in  the  number  of  counties.  The 
constitution  of  1784  provided  that,  annually,  on  the  first  meeting 
of  the  General  Court,  "two  members  of  the  Senate  and  three  of  the 
House  of  Representatives  shall  be  chosen,  by  joint  ballot  of  both 
houses,  as  a  council  for  advising  the  President,  (afterwards  changed 
to  Governor),  in  the  executive  part  of  the  government."  There 
being  no  geographical  restrictions,  all  five  might  be  taken  from  the 
same  section  of  the  state,  if  the  General  Court  saw  fit  to  do  so,  but 
the  amended  constitution  of  1792  provided  that  the  legislature 
could  divide  the  state  into  five  councilor  districts  and  that  the 
election  of  the  councilors  should  be  by  ballot.  The  natural  result 
was  that  one  from  each  county  was  taken  so  long  as  there  were 
only  five  counties,  but  when  the  number  of  counties  was  increased, 
it  became  necessary  to  provide  for  councilor  districts,  which  was 
done  as  previously  stated. 

An  act  of  the  General  Assembly  of  Vermont,  relative  to  the  navi- 
gation of  the  Connecticut  river,  was  confirmed  July  7,  1826.  This 
act  provided  for  the  incorporation  of  the  Connecticut  River  Com- 
pany with  a  capital  stock  of  one  million,  five  hundred  thousand  dol- 
lars. It  was  granted  the  right  to  erect  dams,  cut  canals,  construct 
tow  paths,  aqueducts,  culverts,  waste  weirs,  basins  and  boat  locks, 
and  deepen  channels,  etc.,  in  order  for  improving  and  making  good 
the  navigation  from  Hartford,  Connecticut,  toward  the  foot  of  the 
Fifteen-mile  falls  in  Barnet,  Vermont. 

vii 


viii  INTRODUCTION 

During  the  eight  years,  many  institutions  of  learning  were  estab- 
lished, among  the  number  being,  Academic  School,  Conway,  Decem- 
ber 25,  1828;  Adams  Female  Academy,  Londonderry,  June  18, 
1823;  Boscawen  Academy,  December  16,  1828;  Brackett  Academy, 
Greenland,  December  22,  1824;  Exeter  Female  Academy,  June  27, 
1826;  Hillsborough  Academy,  June  29,  1821;  Hopkinton  Academy, 
June  26,  1827;  Lee  Academy,  June  19,  1828;  New  Hampton  Insti- 
tution, June  27,  1821;  Noyes  School,  Andover,  July  2,  1822;  Roch- 
ester Academy,  June  30,  1827;  Sandwich  Academy,  December  20, 
1824;  Wakefield  Academy,  July  6,  1827,  and  Woodman  Sanborn- 
ton  Academy,  June  27,  1826. 

An  act  was  approved  June  13,  1823,  entitled  "An  Act  to  incor- 
porate certain  persons  by  the  name  of  the  New  Hampshire  Histor- 
ical Society."  The  incorporators  were  Ichabod  Bartlett,  William 
Plumer,  Jr.,  Bennet  Tyler,  Jeremiah  Smith,  Jeremiah  Mason,  Rich- 
ard Bartlett,  James  Bartlett,  Jacob  B.  Moor,  Andrew  Pierce, 
William  Smith,  Jr.,  and  Nathaniel  A.  Haven,  Jr. 

An  act  was  passed  at  the  June  session  of  the  legislature  in  182 1, 
providing  for  a  state  tax  of  thirty  thousand  dollars.  The  population 
of  the  state  at  that  time  is  given  as  244,161,  of  55  per  cent,  of  the 
present  population.  It  may  be  of  interest  to  note  some  of  the  sala- 
ries that  were  paid  to  state  officials  one  hundred  years  ago.  It 
seems  that  the  salary  question  was  prolific  of  much  discussion  in 
those  days  as  well  at  the  present  time,  for  a  committee  of  the  legis- 
lature was  appointed  in  182 1  to  report  what  compensation  should 
be  paid  to  various  state  officials,  with  the  result  that  the  governor's 
salary  was  fixed  at  $1200  per  annum,  the  secretary  of  state's  at 
$300,  the  state  treasurer's  at  $600,  and  the  attorney  general's  at 
$800.  Members  of  the  Council  were  paid  two  dollars  per  day  dur- 
ing the  session  of  the  legislature,  the  speaker  of  the  house  received 
two  dollars  and  fifty  cents  a  day  and  the  president  of  the  senate 
the  same.  The  legislature  assembled  Monday  afternoon  of  each 
week  during  the  session  and  adjourned  Saturday  afternoon,  work- 
ing practically  five  days  in  the  week. 

In  June,  1825,  the  state  was  highly  honored  by  a  visit  from 
General  LaFayette,  and  on  the  twenty-second  of  that  month  he 
visited  the  legislature  while  it  was  in  session.  All  business  was  sus- 
pended for  the  time  being  and  Governor  Morril  made  a  very  flat- 
tering address  of  welcome  to  which  General  LaFayette  responded 
as  follows: 

"One  of  my  earliest  enjoyments,  on  this  happy  return  to  the 
American  shore,  has  been  to  meet  the  welcome  of  the  people  of  New 
Hampshire,  in  the  Atlantic  town,  to  which  I  was  already  bound  by 
very  ancient  and  gratifying  connexions.  I  have  since  visited  an 
extensive  part  of  the  vast  republican  confederacy,  where  are  held, 
to  the  admiration,  and  may  it  be  to  the  speedy  imitation  of  the 
world,   a   practical   demonstration,   and   the   wonderful    result   of 


INTRODUCTION  IX 

national  independence,  popular  institutions,  and  self  government. 
But  as  soon  as  under  the  impression  of  those  lately  witnessed  won- 
ders and  blessings,  I  had  performed  on  the  great  Bunker  Hill  cele- 
bration, a  sacred  and  delightful  duty,  I  have  hastened  to  this  seat 
of  government,  where  I  now  enjoy  the  honor  to  be  admitted  to 
present  both  branches  of  the  Legislature,  the  judiciary  and  execu- 
tive authorities  of  the  State,  and  you,  Sir,  their  honored  Chief  Mag- 
istrate, with  a  tribute  of  my  lively  and  respectful  gratitude.  Here, 
also,  I  am  to  delight  in  the  great  improvements  that  have  taken 
place  in  the  anticipation  of  those  which  are  zealously  contem- 
plated.— Here  I  have  been  greeted  by  multitudes  of  friends,  from 
this  and  other  parts  of  the  State;  among  whom  I  am  not  surprised 
to  recognize  many  of  my  companions  in  arms. — When  I  recollect 
in  what  comparative  proportion  New  Hampshire  has  personally 
contributed  to  our  revolutionary  struggle;  I  thank  your  Excellency 
for  your  flattering  &  kind  remembrance  of  past  times.  None  of 
them  is  more  gratifying  to  me  than  your  mention  of  names  most 
dear  to  my  heart.  Permit  me  to  offer  to  you,  to  the  Representatives 
and  officers  of  the  State  in  every  branch,  and  to  the  people  of  New 
Hampshire,  the  devoted  tender  of  my  grateful,  affectionate  &  pro- 
found respect."     [House  Journal,  1825,  pages  358-359.] 

EDWIN  C.  BEAN, 

Secretary  of  State. 
Concord,  February,  1021. 


LAWS  OF  NEW  HAMPSHIRE. 


[THIRTIETH  GENERAL  COURT.] 

[Held  at  Concord,  One  Session,  June  6,  1821,  to  June  30,  1821.] 

[OFFICERS  OF  THE  GOVERNMENT.] 

Samuel  Bell,  Governor. 

Samuel  Sparhawk,  Secretary. 

Richard  Bartlett,  Deputy  Secretary. 

William  Pickering,  Treasurer. 

Jonathan  Harvey,  President  of  the  Senate. 

Ichabod  Bartlett,  Speaker  of  the  House. 

[Members  of  the  Council.] 


John  Bell,  Jr., 

Chester. 

Richard  Odell, 

Conway. 

Richard  H.  Ayer, 

Dunbarton 

Samuel  Dinsmoor, 

Keene. 

John  French, 

Landaff. 

[Members  of  the  Senate.] 

Hunking  Penballow,  Portsmouth. 

Newell  Healey,  Kensington. 

Samuel  M.  Richardson,  Pelham. 

Isaac  Hill,  Concord. 

Nehemiah  Eastman,  Farmington. 

Daniel  Hoit,  Sandwich. 

John  Wallace,  Jr.,  Milford. 

Jonathan  Harvey,  Sutton. 

Jotham  Lord,  Jr.,  Westmoreland. 

Thomas  C.  Drew,  Walpole. 

Ziba  Huntington,  Lebanon. 

Arthur  Livermore,  Holderness. 


LAWS   OF    NEW   HAMPSHIRE 


[Members  of  the  House.] 


ROCKINGHAM  COUNTY. 


Allenstown, 
Atkinson  and  { 
Plaistow,  \ 

Bow, 

Brentwood, 
Candia, 
Canterbury, 
Chester, 

Chichester, 
Concord, 

Deerfield, 
Epping, 
Epsom, 
Exeter, 

Greenland, 

Hampstead, 

Hampton, 

Hampton  Falls, 

Hawke  and 

Sandown, 

Kensington, 

Kingston, 

Londonderry, 

Loudon, 

Newcastle, 

Newington, 

Newmarket, 

Newton, 

North  Hampton, 

Northfield, 

Northwood, 

Pelham, 

Pembroke, 

Pittsfield, 

Portsmouth, 


Andrew  O.  Evans. 

John  Bassett. 

John  Brown. 
Andrew  Dudley. 
Peter  Eaton. 
Amos  Cogswell. 
Samuel  Aiken,  Jr. 
Charles  Goss. 
Joshua  Lane, 
Nathaniel  Abbot. 
Stephen  Ambrose. 
Andrew  Page. 
Joseph  Edgerly. 
Hanover  Dickey. 
John  Kimball. 
Joseph  Tilton,  Jr. 
John  Avery. 
Jesse  Gordon. 
Tristram  Shaw. 
Jeremiah  Blake. 

Samuel  Pilsbury. 

Robert  Prescott. 
David  Bartlett. 
William  Adams. 
James  Thorn. 
Jonathan  Clough. 
Nathan  Priest. 
Paul  Rollins. 
George  Hilton. 
Joseph  Hoyt. 
Tristram  Dalton. 
Samuel  Forrest. 
Joseph  Neally. 
William  Hardy. 
Leonard  Pratt. 
Ebenezer  Knowlton. 
Ichabod  Bartlett. 
John  Langdon. 
Jeremiah  Mason. 
Isaac  Waldron,  Jr. 


LAWS   OF   NEW  HAMPSHIRE 


Raymond, 

Rye, 

Salem, 

Seabrook, 

South  Hampton  and 

East  Kingston, 

Stratham, 

Windham, 


Thomas  Dearborn. 
Amos  Seavey. 
John  Clindenin. 
Jabez  Eaton. 

Stevens  Sanborn. 

Daniel  Veazey. 
John  Nesmith. 


STRAFFORD  COUNTY. 


Alton, 

Barnstead, 

Barrington, 

Conway, 

Dover, 

Durham, 

Eaton, 

Farmington, 

Gilford, 

Gilmanton, 

Lee, 

Madbury, 

Meredith, 

Middleton  and  ) 

Brookfield,         ( 

Milton, 

Moultonborough, 

New  Durham, 

New  Hampton  and  ) 

Center  Harbor,  ( 

Ossipee, 

Rochester, 

Sanbornton, 

Sandwich, 

Somersworth, 

Strafford. 

Tarn  worth, 

Tuftonborough, 

Wakefield. 

Wolfeborough, 


Eleazer  Davis. 
Charles  Hodgdon,  Jr. 
Samuel  Hale,  Jr. 
Thomas  S.  Abbot. 
Nathaniel  W.  Ela. 
Charles  Woodman. 
Benjamin  Mathes,  Jr. 
Colman  Colby. 
Thomas  Plumer. 
John  Evans.    . 
Pearson  Cogswell. 
Jeremiah  Wilson. 
Edward  B.  Nealley. 
Maul  Hanson. 
Ebenezer  Pitman. 

Charles  Giles. 

Daniel  Hayes. 
Benning  M.  Bean. 
Joseph  Boody. 

Thomas  Perkins. 

Ezekiel  Wentworth. 
William  Barker. 
Moses  Hale. 
James  Clark. 
Joseph  Woodman. 
Nathaniel  French. 
Johnson  D.  Quimby. 
Joseph  Doe. 
Azariah  Waldron. 
John  M.  Page. 
Thomas  Hoyt. 
William  Sawyer. 
Thomas  Nute. 


LAWS  OF  NEW  HAMPSHIRE 


HILLSBOROUGH   COUNTY. 


Amherst, 

Andover, 

Antrim, 

Bedford, 

Boscawen, 

Bradford, 

Brookline, 

Deering, 

Dumbarton, 

Dunstable, 

Fishersfield, 

Francestown, 

Goffstown, 

Greenfield, 

Hancock, 

Henniker, 

Hillsborough, 

Hollis, 

Hopkinton, 

Litchfield, 

Lyndeborough, 

Manchester, 

Mason, 

Merrimack, 

Mil  ford, 

New  Boston, 

New  Ipswich, 

New  London, 

Nottingham  West, 

Peterborough, 

Salisbury, 

Sutton, 

Temple, 

Warner, 

Weare, 

Wilmot, 
Wilton, 

Windsor  and      ) 
Society  Land,    ( 


Edmund  Parker. 
Robert  Barber. 
Mark  Woodbury. 
Thomas  Chandler. 
Ezekiel  Webster. 
Samuel  Jones. 
Thomas  Bennett. 
Russell  Tubbs. 
John  Stinson. 
Daniel  Abbot. 
Timothy  Morse. 
William  Bixby. 
John  Pattee. 
William  Whittemore. 
Thatcher  Bradford. 
Moses  Brown. 
James  Wilson. 
Nathan  Thayer. 
Thomas  W.  Colby. 
Nathaniel  Knowlton. 
Jonathan  Abbot. 
Nehemiah  Boutwell. 
Isaac  Huse. 
Hezekiah  Richardson. 
Aaron  Gaa:e,  Jr. 
William  Crosby. 
Joseph  Cochran. 
Charles  Barrett. 
Daniel  Woodbury. 
Noah  Robinson. 
Jonathan  Smith. 
Jabez  Smith. 
Thomas  Wadleigh. 
Jesse  Spofford. 
James  Be^n. 
Abraham  Morrill. 
James  Wallace. 
Jabez  Youngman. 
John  Stevens. 

Nehemiah  Jones. 


LAWS   OF   NEW  HAMPSHIRE 


CHESHIRE  COUNTY. 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitzwilliam, 

Grantham, 

Hinsdale, 

Jaffrey, 

Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 

Nelson, 

Newport, 

Plainfield, 

Richmond, 

Rindge, 

Roxbury, 

Springfield, 

Stoddard, 

Sullivan, 

Surry  and  ) 

Gilsum,       \ 

Swanzey, 

Troy, 

Unity, 

Walpole, 

Washington, 

Wendell  and  ) 

Goshen,  ( 

Westmoreland, 

Winchester, 


Elisha  Parks. 
Ezra  Kidder. 
Enos  Stevens. 
Levi  Jackson. 
Isaac  Hubbard. 
George  B.  Upham. 
Eleazer  Jackson. 
Abijah  Powers. 
Joseph  Appleton. 
Levi  Chamberlin. 
Uzziel  Hayward. 
Obed  Slate. 
Adonijah  Howe. 
John  Wood. 
Samuel  Egerton. 
John  Way. 
Joseph  Frost. 
Thomas  P.  Richardson. 
Henry  Melville. 
Uriah  Wilcox. 
Merrill  Colby. 
Joseph  Weeks. 
Samuel  L.  Wilder. 
Elias  Hemingway. 
John  Quimby. 
Danforth  Taylor. 
Joseph  Seward. 

John  Hammond. 

James  Underwood. 
Daniel  Cutting. 
Francis  Chase. 
Daniel  W.  Bisco. 
Joseph  Healy. 

John  Currier. 

Simeon  Cobb. 
George  Ripley. 


GRAFTON  COUNTY. 


Alexandria  and 

Danbury, 

Bath, 


Amos  Taylor. 
Abram  Thomas. 


LAWS  OF   NEW  HAMPSHIRE 


Bethlehem  and  \ 

Dalton,  \ 

Bridgewater, 

Bristol, 

Campton, 

Canaan, 

Concord  (Lisbon), 

Dorchester  and  ) 

Orange,  ) 

Franconia  and  \ 

Littleton,  \ 

Grafton, 

Groton  and  ) 

Hebron,        \ 

Hanover, 

Haverhill, 

Holderness, 

Landaff, 

Lebanon, 

Littleton, 

Lyman, 

Lyme, 

New  Chester, 

Orford, 

Peeling  and  ) 


Ellsworth, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren  and 

Coventry, 

Wentworth, 


s 


Samuel  Burnham. 

Humphrey  Webster. 
Moses  W.  Sleeper. 
Moses  Baker. 
John  H.  Harris. 
Simon  Oakes. 

Nathaniel  Whittier." 

David  Aldrich,  2d. 
Merrill  W.  Hoyt. 

Thomas  Page. 

Jonathan  Freeman,  2d. 
Mills  Olcott. 
Joseph  Bell. 
Benjamin  Burley. 
Jonathan  Kimball. 
Diarca  Allen. 
Nathaniel  Rix,  Jr. 
Caleb  Emery. 
Nathaniel  Lambert. 
Daniel  Favor. 
James  Dayton. 

Stephen  Avery. 

Richard  Jenness. 
William  Webster. 
Jonathan  Blodgett. 
Ephraim  Elliott. 

Enos  Wells. 
Caleb  Keith. 


coos  COUNTY. 


Adams  and  ) 
Bartlett,       \ 
Chatham  and  ) 
Burton,  ( 

Columbia, 
Colebrook  and  \ 
Stewartstown,    J 
Jefferson  and  ) 
Shelburne,        \ 
Lancaster, 
Northumberland , 


Stephen  Meserve. 
David  Allen. 

Jeremiah  Eames. 

Frederick  Ingalls. 

Adino  N.  Brackett 
Joshua  Marshall. 


LAWS   OF   NEW   HAMPSHIRE  7 

[First  Session,  Held  at  Concord,  June  6,   7,  8,  9,   11,   12,   13, 

14,  15,  16,  18,  19,  20,  21,  22,  23,  25,  26,  27,  28,  29,  30,  1821.] 

[CHAPTER  1.] 

State  of  I 

New  Hampshire.  \ 

An  Act  providing  for  the  appointment  of  Collectors  of  taxes 
by  the  Selectmen  of  Towns  in  certain  Cases — 

[Approved  June  16,  1821.  Original  Acts,  vol.  26,  p.  78;  recorded  Acts, 
vol.  22,  p.  1.  Session  Laws,  1821,  Chap.  3;  Laws,  1824  ed.,  p.  47.  Repealed 
by  act  of  June  28,  1827,  post.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court,  convened,  that  the  inhabitants  of  any 
town  may,  at  their  annual  town  meetings,  duly  holden  for  the  choice 
of  town  officers,  by  vote,  authorize  the  Selectmen  of  such  town  to 
appoint  a  collector  or  collectors  of  taxes  for  such  town;  And  the 
collectors  so  appointed  by  the  Selectmen  shall  have  the  same  powers 
and  be  subject  to  the  same  liabilities,  as  they  would  have  and  be 
liable  to,  had  they  been  duly  chosen  by  the  inhabitants  of  such 
town. 

Sect.  2.  And  be  it  further  enacted,  that  in  case  any  town  shall 
neglect  or  refuse  to  choose  a  collector  or  collectors  of  taxes,  or  in 
case  of  a  vacancy  in  the  office  of  collector  of  taxes  in  any  town,  the 
Selectmen  of  such  town  may  in  such  cases  appoint  a  collector  or 
collectors  of  taxes,  who  being  so  appointed  by  the  Selectmen,  shall 
not  only  have  power  to  collect  State  and  County  taxes,  as  is  now 
provided  by  Law,  but  also  shall  have  the  same  power  to  collect 
town  taxes  and  be  subject  to  the  same  liabilities  in  relation  thereto 
as  they  would  have  and  be  liable  to,  had  they  been  duly  chosen  by 
the  inhabitants  of  such  town. 

Sect.  3.  And  be  it  further  enacted,  that  the  Selectmen  whenever 
they  appoint  a  Collector  shall  take  bonds  to  their  respective  towns, 
with  sufficient  sureties,  for  the  faithful  performance  of  his  duties, 
And  shall  also,  in  behalf  of  their  towns,  agree  with  such  collector 
on  the  rate  or  amount  of  compensation  to  which  he  shall  be  entitled 
for  his  services,  which  agreement  shall  be  in  writing,  signed  by  the 
Selectmen  and  the  Collector. 


8  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  2.] 

State  oj  I 

New  Hampshire.  \ 

An  Act,  in  addition  to  an  act,  entitled  an  act  to  incorporate 
the  proprietors  of  hart-island  bridge;   passed,  june  23, 

I8l8. 

[Approved  June  16,  1821.  Original  Acts,  vol.  26,  p.  79;  recorded  Acts, 
vol.  22,  p.  3.  Session  Laws,  1821,  Chap.  4.  See  act  referred  to,  Laws  of 
New  Hampshire,  vol.  8,  p.  692.  See  also  acts  of  July  7,  1826,  post;  July  1, 
1837,  Session  Laws,  1837,  Private  Acts,  Chap.  32;  June  30,  1841,  id.,  1841, 
Private  Acts,  Chap.  12  and  July  3,  1861,  id.,  1861-66,  Chap.  2563.] 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened;  That  a  further  time  of  four  years  be 
allowed  to  the  proprietors  of  Hart-Island  Bridge  to  build  and  com- 
plete the  same,  in  addition  to  the  time  allowed  for  that  purpose 
in  and  by  the  act  aforesaid. 

And  be  it  further  enacted,  That  instead  of  the  rates  of  Toll  spec- 
ified in  the  sixth  section  of  the  act  to  which  this  is  in  addition,  there 
be  granted  and  established  for  the  benefit  of  said  proprietors  the 
rates  of  Toll  following,  that  is  to  say: 

For  every  foot  passenger,  two  cents;  for  each  horse  and  rider, 
six  cents;  for  each  additional  rider,  two  cents;  for  each  horse  or 
jack  led  or  driven,  four  cents;  for  each  chaise,  chair,  sulkey,  or  other 
carriage  of  pleasure,  drawn  by  one  horse,  twelve  and  a  half  cents, 
and  for  each  additional  horse,  four  cents;  for  each  chariot,  phaeton, 
coach,  or  other  four-wheeled  carriage  of  pleasure,  drawn  by  two 
horses,  twenty  cents,  and  for  each  additional  horse  five  cents;  for 
each  cart,  waggon,  or  other  carriage  of  burden  drawn  by  one  beast, 
eight  cents,  and  for  each  additional  beast  four  cents;  for  each 
pleasure  sleigh  drawn  by  one  horse,  ten  cents;  if  drawn  by  two 
horses,  twelve  and  a  half  cents;  and  for  each  additional  horse  four 
cents;  for  each  sled  or  sleigh  of  burden,  drawn  by  one  beast,  eight 
cents;  if  drawn  by  two  beasts,  ten  cents;  and  for  each  additional 
beast,  three  cents;  for  neat  cattle  and  mules,  two  cents  each;  and 
for  sheep  and  swine,  one  half  cent  each. 


LAWS   OF   NEW   HAMPSHIRE 


[CHAPTER  3.] 


State  oj  I 

New  Hampshire.  \ 

An  Act,  to  incorporate  Sundry  persons  by  the  name  of  "The 
Proprietors  of  New  Castle  Bridge" — 

[Approved  June  19,  1821.  Original  Acts,  vol.  26,  p.  80;  recorded  Acts, 
vol.  22,  p.  5.  Session  Laws,  1821,  Chap.  5.  See  acts  of  February  26,  1778, 
Laws  of  New  Hampshire,  vol.  4,  p.  143;  January  12,  1790,  id.,  vol.  5,  p.  477; 
June  14,  1800,  id.,  vol.  6,  p.  637  and  July  3,  1822,  post.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court,  convened,  that  Andrew  W.  Bell, 
Reuben  Shapley,  Nathan  Priest  and  Ephraim  Amazeen,  and  their 
associates  and  who  may  hereafter  become  associates,  in  the  said 
Bridge,  their  successors  and  assigns  so  long  as  they  shall  continue 
proprietors  thereof,  shall  be  and  are  hereby  created  and  made  a 
corporation,  by  the  name  of,  "The  proprietors  of  New  Castle 
Bridge,  and  by  that  name  shall  be,  and  are  hereby  made  capable  in 
Law,  to  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended,  in  any  Courts  of  Record  or  any  other  place,  whatever, 
And  also  to  make,  have  and  use  a  Common  Seal,  and  the  same 
again  at  pleasure  to  break  alter  and  renew,  and  also  to  ordain, 
establish  and  put  in  execution  such  By-laws,  ordinances  and  regu- 
lations, as  to  them  shall  appear  necessary  and  convenient  for  the 
government  of  said  corporation,  and  the  prudent  management  of 
their  affairs; — Provided,  such  By-laws,  ordinances  and  regulations 
shall  in  no  wise  be  contrary  to  the  Laws  and  Constitution  of  this 
State;  And  the  said  Corporation  shall  be  always  subject  to  the 
rules,  restrictions,  limitations  and  provisions  herein  prescribed. 

Sect.  2.  Be  it  further  enacted,  that  the  said  corporation  may 
erect  and  maintain  a  Bridge  from  the  Northwest  end  of  the  Island 
of  New  Castle  to  the  town  of  Portsmouth  across  the  waters  and 
connected  with  any  of  the  Islands  lying  on  the  Southerly  side  of 
the  Channel  of  Piscataqua  river,  and  lay  out  and  make  a  road  of 
convenient  width  and  in  the  most  convenient  place  for  public  accom- 
odation, from  the  public  road  in  New  Castle  to  Clark's  neck,  so 
called,  across  any  of  the  said  Islands,  to  some  one  of  the  public 
roads  in  Portsmouth,  And  may  purchase  and  hold  in  fee  simple,  or 
otherwise,  so  much  land  as  will  be  necessary  for  said  road:  And  if 
said  corporation  and  the  owner  or  owners  of  the  land,  which  may 
be  taken  for  said  road,  shall  not  agree  on  the  amount  of  damages  to 
be  paid  for  the  same,  the  Justices  of  the  Court  of  Sessions,  for  the 
County  of  Rockingham,  or  any  three  of  them  are  hereby  authorized 
and  empowered  after  due  notice  being  given  to  all  concerned  fin 
the  manner  said  Justices  may  order)  of  the  time  and  place  of  hear- 


lO  LAWS   OF   NEW   HAMPSHIRE 

ing,  to  proceed,  after  hearing  said  parties,  or  if  either  shall  neglect 
to  attend,  then  after  a  hearing  ex-parte,  to  appraise  said  damages 
with  cost;  And  said  corporation  shall  pay  or  tender  such  damages 
and  cost  to  the  owner  or  owners,  to  whom  the  same  shall  be 
awarded, — And  in  case  of  refusal  to  receive  the  same  such  sum 
shall  be  paid  into  the  Court  of  Sessions,  and  placed  in  the  hands 
of  such  persons,  as  the  said  Court  shall  designate,  for  the  use  of 
such  owner  or  owners.  This  being  done,  it  shall  be  lawful  for  said 
Corporation  to  lay  out  and  make  the  said  roads  in  the  same  manner 
they  could  or  might  have  done,  had  the  consent  of  the  owner  or 
owners  of  the  land  been  first  obtained. 

Sect.  3.  Be  it  further  enacted,  that  Andrew  W.  Bell  Reuben 
Shapley,  Nathan  Priest  and  Ephraim  Amazeen,  or  any  two  of  them 
may  call  a  meeting  of  said  corporation  by  advertisement  in  the  New 
Hampshire  Gazette,  to  be  holden  at  any  suitable  time  and  place 
after  seven  days  from  the  first  publication  of  said  Advertisement; 
And  the  proprietors  by  a  vote  of  a  majority  of  those  present  shall 
choose  a  Clerk,  and  at  the  same  or  any  subsequent  meeting  may 
elect  such  other  officers  and  establish  such  By-laws,  rules  and  regu- 
lations, as  may  be  required  for  the  well  ordering  the  affairs  of  said 
corporation;  and  may  conformably  to  the  same  make  such  assess- 
ments as  may  be  found  necessary  for  accomplishing  the  object  of 
this  Act,  and  the  same  may  collect  by  sale  of  the  shares  of 
delinquent  proprietors. — And  at  the  meetings  of  said  corporation 
all  questions  shall  be  determined  by  a  majority  of  the  votes  of  the 
proprietors  present  or  represented  allowing  one  vote  for  each  share, 
and  absent  members  to  vote  by  proxy  being  authorized  in  writing. 

Sect.  4.  And  be  it  further  enacted,  that  the  said  corporation 
may  demand,  receive  and  recover  the  following  toll  of  every  person 
traveling  on  said  Bridge,  and  prevent  the  passage  of  any  person 
until  the  same  shall  have  been  paid;  that  is  to  say, — for  every  foot 
passenger,  three  cents;  for  each  person  and  horse,  six  cents;  for 
every  chaise,  sulkey,  chair  or  other  two  wheeled  carriage  of  pleas- 
ure drawn  by  one  horse,  twelve  and  an  half  cents;  and  for  each 
additional  horse,  four  cents;  for  every  chariot  phaeton,  coach  or 
other  four  wheeled  pleasure  carriage,  drawn  by  two  horses,  twenty 
five  cents;  And  for  each  additional  horse  four  cents;  for  each  cart, 
waggon,  or  other  carriage  of  burden  drawn  by  one  beast,  ten  cents; 
And  for  each  additional  beast,  three  cents;  for  each  pleasure  sleigh, 
drawn  by  one  horse,  eight  cents;  and  for  each  additional  horse,  four 
cents;  for  every  sleigh  or  sled  of  burden,  drawn  by  one  beast,  six 
cents;  and  for  each  additional  beast,  three  cents;  for  horses,  Jacks, 
mules  or  neat  cattle,  exclusive  of  those  rode  on.  or  in  carriages,  two 
cents  each;  for  sheep  and  swine,  half  a  cent  each;  and  for  each  team 
one  person  only  shall  be  allowed  to  pass  free  of  toll:  And  at  all 
times,  when  the  toll-gatherer  does  not  attend  his  duty,  the  gate  shall 
be  left  open. 


LAWS  OF   NEW   HAMPSHIRE  I  I 

Sect.  5.  Be  it  further  enacted  that  said  Corporation  shall  be 
answerable  for  all  damages,  which  may  be  sustained  through  in- 
sufficiency or  want  of  repairs  in  said  Bridge,  or  said  road  so  to  be 
laid  out,  and  may  also  be  indicted  and  fined  as  Towns  are  by  Law, 
for  suffering  highways  and  bridges  to  be  out  of  repair. 

Sect.  6.  Be  it  further  enacted,  that  a  draw  or  hoist  in  said 
bridge,  shall  be  constructed,  over  the  channel  of  what  is  called  the 
Pool  of  sufficient  width  for  vessels  to  pass  and  repass  freely;  And 
the  said  proprietors  shall  cause  the  same  to  be  hoisted  or  opened 
without  delay  for  the  accomodation  of  all  such  vessels  as  may  have 
occasion  to  pass  through  the  same,  and  for  which  the  hoisting  or 
opening  said  Draw  may  be  necessary. 

Sect.  7.  And  be  it  further  enacted,  that  if  said  Bridge  shall  not 
be  Completed  within  five  years  from  the  passing  of  this  act;  or  if 
destroyed  at  any  time,  and  shall  not  within  three  years  after  such 
destruction,  be  rebuilt,  then  this  act  shall  become  null  and  void. 


[CHAPTER  4.] 


State  of  } 

New  Hampshire.  \ 


An  Act,  further  to  amend  an  act  entitled  "an  act  to  incor- 
porate John  Wheeler  and  others  by  the  name  of  the  Do- 
ver Cotton  Factory. 

[Approved  June  21,  1821.  Original  Acts,  vol.  26,  p.  81;  recorded  Acts, 
vol.  22.  p.  9.  See  act  referred  to  dated  December  15,  1812,  Laws  of  New 
Hampshire,  vol.  8,  p.  168.  See  additional  acts  of  June  21  and  December  22, 
1820,  id.,  pp.  901,  994.  Name  changed  to  Dover  Manufacturing  Company 
by  act  of  July  18,  1823,  post.     See  also  act  of  June  20,  1826,  post.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  corporation  created 
and  now  existing  under  and  by  virtue  of  the  act  aforesaid,  be  and 
the  same  is  hereby  emnowered  to  carry  on  the  manufacture  of 
cotton  and  woolen  goods,  and  such  other  branches  of  trade  and 
manufacture  as  shall  be  necessarily  or  conveniently  connected  there- 
with at  said  Dover,  and  may  erect  such  mills,  dams,  works, 
machines  and  buildings  as  may  be  necessary  for  carrying  on  these 
useful  manufactures  and  branches  of  business 

Sec.  2.  And  be  it  further  enacted,  that  the  said  corporation  be, 
and  the  same  hereby  is  authorized  to  acquire  by  purchase  or  other- 
wise and  to  hold  and  enjoy  such  real  and  personal  estate  as  may  be 
necessary  and  useful  in  conducting  the  business  of  said  Factorv, 
upon  its  present  or  a  more  enlarged  plan,  and  the  same  to  sell, 
convey  and  dispose  of  at  pleasure,  provided  the  estate  held  by  the 
said  corporation  shall  not  at  any  time  exceed  Five  hundred  thousand 


12  LAWS   OF   NEW   HAMPSHIRE 

dollars,  and  the  said  capital  or  joint  stock  may  be  divided  into  as 
many  shares  as  the  proprietors,  at  a  legal  meeting,  shall  agree 
and  decide,  and  in  like  manner  the  said  proprietors  may  agree 
on  the  manner  of  transferring  them,  and  may  elect  an  agent  or 
agents  and  such  other  officers  and  servants  as  may  be  deemed  nec- 
essary, and  prescribe  their  respective  duties,  may  order  assessments, 
and  fix  the  time  of  their  payment,  may  pass  by  laws  for  their 
regulation  and  government,  and  may  do  and  transact  any  other 
business  in  relation  to  the  concerns,  and  for  the  benefit  of  said  cor- 
poration; all  elections  and  all  other  questions  if  required  shall  be 
determined  by  a  majority  of  votes  present  or  represented  at  any 
meeting  accounting  and  allowing  one  vote  to  each  share  in  all  cases, 
and  all  representations  shall  be  in  writing  signed  by  the  person 
represented  and  filed  with  the  Clerk. 

Sec.  3.  And  be  it  further  enacted,  that  the  shares  in  said  cor- 
poration shall  be  liable  and  holden  for  all  assessments  legally  made 
thereon,  and  upon  the  non-payment  of  such  assessments  or  any  part 
thereof,  for  the  space  of  thirty  days  after  the  same  shall  have  be- 
come due  and  payable,  the  Treasurer  may  proceed  in  the  manner 
pres-cribed  in  the  by  laws  of  said  corporation  to  advertise  and  sell 
at  Public  Auction  such  delinquent  shares  or  so  many  of  them  as  may 
become  necessary  to  pay  the  sums  due  thereon  with  incidental 
charges. 

Sec.  4.  And  be  it  further  enacted,  that  all  the  parts  and  pro- 
visions of  the  act  aforesaid,  except  what  are  contained  in  the  seven 
first  sections  thereof;  and  also  so  much  of  the  said  seven  first  sec- 
tions as  is  inconsistent  with  this  Act  be  and  the  same  hereby  are 
repealed. 


[CHAPTER  5.] 


State  of  ) 

New  Hampshire.  \ 


An  Act,  to  incorporate  "Saint  Andrew's  Chapter  of  Royal 
Arch  Masons  at  Hanover. 

[Approved  June  21,  1821.  Original  Acts,  vol.  26,  p.  82;  recorded  Acts, 
vol.  22,  p.  II.] 

Sec.  1.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Timothy  Kenrick,  Alpheus 
Baker,  Salmon  Washburn,  James  F.  Dana  Henry  Hutchinson,  Elie- 
zer  D.  Curtis,  Joseph  A.  Curtis,  James  Pool,  Ephraim  H.  Hall, 
and  their  associates  and  successors,  shall  be  and  hereby  are  erected 
and  made  a  corporation,  and  body  politick,  by  the  name  of  "Saint 
Andrew's  Chapter  of  Royal  Arch  Masons  at  Hanover,"  and  by  that 


LAWS  OF  NEW  HAMPSHIRE  13 

name  may  sue,  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended,  to  final  judgment  and  execution,  and  may  have  a  common 
seal,  and  the  same  may  alter  at  pleasure,  and  shall  have  and  possess 
all  the  powers  incident  to  corporations  of  a  similar  nature;  and  may 
have,  hold  and  enjoy  real  and  personal  estate  not  exceeding  in 
amount  the  sum  of  three  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  that  James  F.  Dana,  Timothy 
Kenrick,  and  Ephraim  H.  Hall,  or  any  two  of  them,  may  call  a 
meeting  of  said  corporation  to  be  holden  at  Hanover,  in  the  county 
of  Grafton,  at  such  time  as  they  shall  think  expedient,  by  an  ad- 
vertisement in  the  New  Hampshire  Patriot  and  State  Gazette,  or 
Dartmouth  Herald,  made  two  weeks  previous  to  the  time  of  hold- 
ing said  meeting,  at  which  meeting,  the  members  of  said  corpora- 
tion, by  a  vote  of  a  majority  of  those  present,  shall  choose  such 
officers  and  enact  such  by-laws,  as  they  may  think  proper,  for  the 
regulation  and  government  of  said  corporation.  Provided,  said  by 
laws  are  not  repugnant  to  the  constitution  and  laws  of  this  State. 


[CHAPTER  6.] 


State  of  \ 

New  Hampshire.  \ 


An  Act,  vesting  in  the  Superior  Court  of  Judicature,  Chan- 
cery POWERS  AND  JURISDICTION  IN  CASES  OF  REAL  AND  PERSONAL 
ESTATE,  GIVEN  TO  CHARITABLE  USES. 

[Approved  June  21,  1821.  Original  Acts,  vol.  26,  p.  83;  recorded  Acts, 
vol.  22,  p.  13.  Session  Laws,  1821,  Chap.  6.  Laws,  1824  ed.,  p.  183.  See  acts 
of  January  2,  1829,  post;  December  29,  1832,  Session  Laws,  1832,  Chap.  89 
and  July  4,  1834,  id.,  1834,  Chap.  182.] 

Section  i.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  the  Superior  Court  of 
Judicature  shall  have  Chancery  powers  and  jurisdiction  in  cases 
of  gifts,  grants,  devises,  donations,  and  appointments  of  any  lands, 
tenements,  rents,  hereditaments,  corporeal  or  incorporeal,  goods, 
chattels,  money,  securities  for  money,  or  other  personal  estate  what- 
ever, which  heretofore  have  been,  or  hereafter  may  be  given, 
granted,  made  or  appointed  to  or  for  any  charitable  uses. — And  for 
the  remedy  of  abuses  and  breaches  of  trust  in  the  cases  aforesaid, 
and  for  carrying  into  effect  the  intentions  of  the  grantors  and  do- 
nors, the  said  Court  shall  make  such  orders,  decrees  and  judg- 
ments, that  the  said  lands,  tenements,  rents,  hereditaments,  goods, 
chattels,  money,  securities  for  money,  and  other  personal  estate  may 
be  duly  and  faithfully  employed  for  the  charitable  uses  to  which 
they  were  or  may  be  given,  granted  or  appointed,  according  to  the 
true  intent  and  meaning  of  the  grantors  or  donors  thereof. 


14  LAWS   OF   NEW   HAMPSHIRE 

Sec.  2.  And  be  it  further  enacted,  that  the  powers  and  jurisdic- 
tion, hereby  vested  in  the  Superior  Court  of  Judicature,  shall  be 
exercised  according  to  the  established  principles  of  Chancery,  so 
far  as  shall  be  consistent  with  the  laws  and  Constitution  of  this 
State;  And  that  the  proceedings  to  be  had  in  said  Court,  in  pur- 
suance of  this  Act,  shall  be  in  conformity  with  the  usual  practice  of 
Courts  of  Chancery  in  like  Cases. 

Sec.  3.  And  be  it  further  enacted,  that  in  suits  under  this  act, 
reasonable  costs  be  allowed  to  the  prevailing  party,  at  the  discre- 
tion of  the  Court;  And  that  where  informations  shall  be  filed  by  the 
Attorney  General,  at  the  relation  of  individuals,  they  shall  give 
security  for  the  payment  of  costs,  in  such  manner,  as  the  Court  may 
direct. 


[CHAPTER  7.] 


State  of  ) 

New  Hampshire.  ~) 


An  Act,  to  incorporate  St.  John's  Lodge,  No.   1   at  Ports- 
mouth, New  Hampshire. 

[Approved  June  22,  1821.  Original  Acts,  vol.  26,  p.  84;  recorded  Acts, 
vol.  22,  p.  15.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  that  Samuel  Larkin,  James 
Ladd,  Samuel  Cushman,  and  all  persons  who  may  hereafter  become 
members  of  said  Lodge  be,  and  they  hereby  are  incorporated  and 
made  a  body  corporate  and  politic  forever,  by  the  name  of  St.  John's 
Lodge  No.  1.  at  Portsmouth  New  Hampshire. — And  the  said  body 
corporate  is  hereby  empowered  to  hold  and  possess  real  and  per- 
sonal estate,  not  exceeding  in  value,  the  sum  of  three  thousand 
dollars,  and  is  vested  with  all  the  powers,  rights  and  privileges, 
incident  to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  that  Samuel  Larkin,  or  either 
©f  the  persons  named  in  this  Act,  may  call  the  first  meeting  of  said 
Lodge  by  giving  seven  days  notice  in  any  newspaper  printed  in  the 
town  of  Portsmouth,  of  the  time  and  place  of  such  meeting;  at 
which  meeting,  or  any  subsequent  meeting,  the  members  of  said 
Lodge  may  choose  a  Secretary,  and  elect  such  other  officers,  and 
establish  such  by  laws,  rules  and  regulations  as  may  be  deemed  nec- 
essary for  the  government  of  said  Lodge,  and  for  carrying  into 
effect  the  objects  of  the  same;  provided  said  by  laws,  rules  and 
regulations  be  not  repugnant  to  the  constitution  and  laws  of  this 
State. 


LAWS  OF   NEW   HAMPSHIRE  I  5 

[CHAPTER  8.] 


State  of  I 

New  Hampshire.  ) 


An  act,  to  incorporate  certain  persons  by  the  name  of  the 
New  Durham  and  Alton  Harmony  Society  for  the  promo- 
tion of  Sacred  Music. 

[Approved  June  22,  1821.  Original  Acts,  vol.  26,  p.  85;  recorded  Acts, 
vol.  22,  p.   16.] 

Section  i.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Ephraim  Chamberlin, 
John  Chamberlin  Junr,  Benjamin  W.  Pinkham,  Ebenezer  Chamber- 
lin, Isaac  Davis,  Jacob  Davis,  John  Davis,  James  Downs  and  such  as 
may  hereafter  become  members  of  said  society,  be,  and  they  hereby 
are  made  a  corporation  by  the  name  of  the  New  Durham  and  Alton 
Harmony  Society,  and  by  that  name  may  sue  and  be  sued,  defend  and 
be  defended,  and  be  known  and  distinguished  in  their  acts  and  pro- 
ceedings in  all  cases  whatever;  and  shall  be  and  are  hereby  vested 
with  all  such  powers  and  privileges  as  are  usually  enjoyed  by  cor- 
porations of  a  like  nature. 

Section  2.  And  be  it  further  enacted,  that  the  three  first  named 
persons,  or  either  two  of  them,  may  call  the  first  meeting  of  said 
society  at  any  suitable  time  and  place  in  either  of  the  said  towns 
of  New-Durham  or  Alton,  by  posting  up  a  notification  for  that  pur- 
pose at  one  or  more  public  places  in  each  of  said  towns,  at  least  fif- 
teen days  prior  to  said  meeting;  at  which  meeting  the  members 
thereof  shall  choose  a  Clerk,  and  such  other  officers  as  they  may 
think  proper,  and  shall  agree  on  a  method  of  calling  future  meet- 
ings and  the  time  of  their  annual  meeting;  and  at  the  same  or  any 
subsequent  annual  meeting  may  establish  rules  and  by  laws  for  their 
regulation  and  government;  Provided  such  rules  and  by  laws  are 
not  contrary  to  the  constitution  and  laws  of  this  State,  and  may 
order  such  assessments  as  they  may  think  proper. 

Section  3.  And  be  it  further  enacted,  that  said  society  may  re- 
ceive, hold  and  enjoy,  by  gift,  grant  or  otherwise  personal  estate 
to  any  amount  not  exceeding  five  hundred  dollars,  and  the  same 
may  sell  and  dispose  of  at  pleasure  for  the  use  and  benefit  of  said 
association. 


1 6  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  9.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  certain  Physicians  &  Surgeons,  by  the 
name  of  the  white  mountains  medical  society. 

[Approved  June  23,  1821.     Original  Acts,  vol.  26,  p.  86;  recorded  Acts, 
vol.  22,  p.  18.] 

Section  1.  Be  it  enacted,  by  the  Senate  &  House  of  Representa- 
tives in  General  Court  convened,  That  Eliphalet  Lyman,  John 
Dewey,  Daniel  Egery,  Benjamin  Hunking,  Lyman  Lombard, 
William  Burns,  John  Willard,  Andrew  Spaulding,  Thomas  McDole, 
John  M'Nabb  2d,  Calvin  Jewett,  &  their  associates  &  successors, 
be,  &  they  are  hereby  made  &  constituted  a  body  politic  &  corpo- 
rate, by  the  name  of  the  White  Mountains  Medical  Society,  &  by 
that  name  be  &  continue  a  body  politic  &  corporate  forever,  &  shall 
possess  &  enjoy  all  the  rights,  privileges  &  immunities  of  a  corpo- 
ration for  the  promotion  &  advancement  of  Medical  knowledge; 
and  the  said  Society  shall  have  power  to  make  all  necessary  bye 
laws,  rules  &  regulations  for  their  government,  &  the  furtherance 
of  the  objects  of  their  incorporation,  not  repugnant  to  the  laws  of 
this  State,  or  the  United  States. 

Section  2.  And  be  it  further  enacted,  That  the  members  of  said 
Society,  at  their  annual  &  other  meetings,  duly  notified  &  warned 
for  the  purpose,  may  elect  a  President,  directors,  Secretary  &  Treas- 
urer, &  such  other  officers  as  they  may  judge  necessary;  may  have 
&  use  a  common  seal,  &  the  same  may  alter  or  change  at  pleasure; 
may  have  power  to  sue  &  be  sued,  prosecute  &  defend  in  all  actions, 
whether  personal,  real  or  mixed,  in  any  Court  proper  to  try  the 
same;  may  direct  the  manner  in  which  members  may  be  admitted 
into  their  association;  and  may  expel  any  member,  on  the  concur- 
rent vote  of  two  thirds  of  the  members  present,  &  voting  on  the 
question. 

Section  3.  And  be  it  further  enacted,  That  the  said  Society 
shall  forever  have  power,  &  be  capable  in  law  of  taking  &  holding 
any  estate  real  or  personal,  by  gift,  grant,  devise,  or  otherwise  & 
manage,  improve,  or  convey  the  same  by  themselves,  their  agent 
or  agents,  provided  the  same  so  held,  does  not  exceed  in  the  whole 
five  thousand  dollars.  And  the  said  Society  shall  have  power  to 
impose  such  fines  &  forfeitures,  for  a  breach  of  their  bye  laws,  & 
for  other  offences  as  they  shall  from  time  to  time  deem  proper, 
provided  the  fine  for  any  one  breach  or  offence,  shall  in  no  case 
exceed  twenty  dollars.  And  it  shall  be  the  duty  of  said  Society, 
faithfully  to  imploy  their  funds  in  promoting  the  objects  contem- 
plated by  their  association. 


LAWS  OF  NEW   HAMPSHIRE  17 

Section  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  each  member  of  said  Society,  at  their  regular  meetings  to  com- 
municate to  his  associates,  all  such  useful  information  as  shall  be 
in  his  possession,  the  history  of  important  cases  which  may  occur 
in  the  course  of  his  practice,  or  come  to  his  knowledge;  and  in  fine 
to  do  all  in  his  power  to  render  the  profession  more  enlightened, 
useful,  &  respectable,  &  to  give  gratuitous  advice  to  all  diseased 
persons,  who  may  apply  for  the  same  at  said  meeting. 

Section  5.  And  be  it  further  enacted,  That  if  this  act  or  any 
of  its  provisions,  should  be  found  inadequate  to  effect  the  purposes 
intended  thereby,  it  may,  by  the  General  Court,  be  altered,  amended 
or  repealed. 

Section  6.  And  be  it  further  enacted,  That  the  three  persons 
first  named  in  this  act,  or  any  two  of  them,  are  hereby  authorized 
to  call  the  first  meeting  of  said  Society  under  this  act,  at  such  time 
&  place  as  they  may  deem  expedient,  by  giving  notice  thereof  in  the 
New  Hampshire  Patriot  &  State  Gazette,  three  weeks  at  least  before 
the  day  appointed  for  said  meeting,  or  by  giving  fourteen  days 
personal  notice  to  each  member  stating  the  time,  place  &  object  of 
said  meeting. 


[CHAPTER  10.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  to  establish  the  compensation  of  committees  ap- 
pointed by  the  Courts  of  Sessions  to  examine  routes  and 
lay  out  highways. 

[Approved  June  26,  1821.  Original  Acts,  vol.  26,  p.  87;  recorded  Acts, 
vol.  22,  p.  21.  Session  Laws,  1821,  Chap.  13.  Laws,  1824  ed.,  p.  185.  Re- 
pealed by  acts  of  January  3,  1829,  post,  and  July  3,  1829,  Session  Laws,  1829, 
Chap.  52.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  from  and  after  the  passing 
of  this  act,  all  committees,  which  may  be  appointed  by  the  several 
courts  of  sessions  to  examine  and  lay  out  highways,  shall  consist  of 
three  members  and  no  more;  who  shall  each  be  allowed  two  dol- 
lars for  each  day  actually  and  necessarily  spent  in  such  service, 
which  shall  be  in  full  compensation  for  such  services. 


1 8  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  11.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  prevent  frauds  in  the  management  of  the  busi- 
ness of  Banks  and  of  public  officers. 

[Approved  June  27,  1821.  Missing  from  original  Acts;  recorded  Acts, 
vol.  22,  p.  22.  Session  Laws,  1821,  Chap.  18.  Laws,  1824  ed.,  p.  109;  id., 
1830  ed.,  p.  132.  Repealed  by  act  of  December  22,,  1842.  See  Revised  Stat- 
utes  (1842),  Chap.  230.] 

Sec.  i.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  if  any  President,  Director, 
Cashier  or  other  officer  or  servant  of  any  Bank  in  this  State  incor- 
porated by  the  authority  thereof,  shall  fraudulently  convert  to  his 
own  use  any  money,  bill,  note,  security  for  money,  evidence  of  debt 
or  other  effects  whatever  belonging  to  such  Bank,  such  person  shall 
upon  due  conviction  be  punished  by  fine  not  exceeding  two  thousand 
dollars  and  by  imprisonment  not  exceeding  two  years. 

Sec.  2.  Be  it  further  enacted  that  if  any  Cashier,  or  other  offi- 
cer, or  servant  of  any  Bank  in  this  State  incorporated  by  the  author- 
ity thereof,  being  entrusted  with  or  having  the  custody  of  any 
money,  bill,  note,  security  for  money,  evidence  of  debt  or  other 
effects  whatever  belonging  to  such  Bank  shall  contrary  to  his  duty 
and  in  breach  of  his  trust,  knowingly  and  voluntarily  pay  or  deliver 
to  any  person  or  persons  whomsoever,  or  to  his  or  their  order  any 
such  money,  bill,  note,  security  for  money,  evidence  of  debt,  or 
other  effects  knowing  that  such  person  or  persons  are  not  entitled 
to  demand  or  receive  the  same,  such  Cashier,  officer  or  servant  of 
such  Bank  shall  upon  due  conviction  be  punished  by  fine  not  ex*- 
ceeding  two  thousand  dollars  and  by  imprisonment  not  exceeding 
two  years. 

Sec  3.  Be  it  further  enacted  that  if  any  public  officer  being  a 
receiver  of  public  monies  under  any  law  of  this  State,  shall  fraud- 
ulently convert  to  his  own  use  or  shall  contrary  to  his  duty  and  in 
breach  of  his  trust,  knowingly  pay  or  deliver  to  any  person  or  per- 
sons whomsoever,  or  to  his  or  their  order,  any  such  public  money, 
knowing  that  such  person  or  persons  are  not  entitled  to  demand  or 
receive  the  same,  such  officer  shall  upon  due  conviction  be  punished 
by  fine  not  exceeding  two  thousand  dollars,  and  by  imprisonment 
not  exceeding  two  years. 


LAWS   OF    NEW   HAMPSHIRE  1 9 

[CHAPTER  12.] 


State  of  I 

New  Hampshire.  \ 


An  act,  to  incorporate  "Humane  Lodge  No.  21." 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  88;  recorded  Acts, 
vol.  22,  p.  24.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Levi  Jones,  William 
Jones,  Charles  Dennet,  Nathaniel  Lord,  Hanson  Hayes,  Giles  W. 
Burrows,  John  Chapman,  John  Roberts  Jun1',  Stephen  Drew,  Joseph 
Cross,  Ira  Fish,  Harvey  Morey  and  their  associates  and  successors, 
shall  be  and  hereby  are  erected  and,  made  a  corporation  and  body 
politic  by  the  name  of  "Humane  Lodge  No.  21",  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be  de- 
fended to  final  judgment  and  execution,  and  may  have  a  common 
seal,  and  the  same  may  alter  at  pleasure,  and  shall  have  and  possess 
all  the  powers  incident  to  corporations  of  a  similar  nature,  and  may 
have,  hold  and  enjoy  real  and  personal  estate,  not  exceeding  in 
amount  two  thousand  dollars. 

Section  2.  And  be  it  further  enacted,  that  Levi  Jones,  William 
Jones,  and  Charles  Dennet,  or  either  two  of.  them,  may  call  a  meet- 
ing of  said  corporation,  to  be  holden  at  Rochester  in  the  County  of 
Strafford,  at  such  time  as  they  shall  think  expedient,  by  advertising 
in  the  Strafford  Register,  printed  at  Dover,  fifteen  days  previous 
to  meeting,  at  which  meeting,  the  members  of  said  corporation,  by  a 
vote  of  the  majority  of  those  present,  shall  choose  such  officers  and 
enact  such  by-laws,  as  they  may  think  proper,  for  the  regulation 
and  government  of  said  corporation;  Provided,  said  by  laws  are  not 
repugnant  to  the  constitution  and  laws  of  this  State. 


[CHAPTER  13.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  Faithful  Lodge  N°  12. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  89;  recorded  Acts, 
vol.  22,  p.  26.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court,  convened,  that  David  Parker,  Jesse 
Healy,  Frederic  A  Sumner,  Henrv  Hubbard.  Luther  Hammond,  and 
their  associates  and  successors,  shall  be  and  hereby  are  erected  and 


20  LAWS  OF   NEW   HAMPSHIRE 

made  a  corporation  and  body  politick,  by  the  name  of  "Faithful 
Lodge  No.  12,  and  by  that  name,  may  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended  to  final  judgment  and  execu- 
tion, and  may  have  a  common  seal,  and  the  same  may  alter  at 
pleasure,  and  shall  have  and  possess  all  the  powers  incident  to  cor- 
porations of  a  similar  nature,  and  may  have  hold  and  enjoy  real 
and  personal  estate  not  exceeding  in  amount  the  sum  of  one  thou- 
sand dollars. 

Sec.  2  And  be  it  further  enacted,  that  David  Parker,  Frederic 
A.  Sumner  and  Henry  Hubbard,  or  any  two  of  them  may  call  a 
meeting  of  said  corporation  to  be  holden  at  Charlestown  in  the 
County  of  Cheshire,  at  such  time,  as  they  shall  think  expedient  by 
advertisement  in  the  New  Hampshire  Sentinel  printed  at  Keene 
fifteen  days  previous  to  the  time  of  meeting,  at  which  meeting  the 
members  of  said  corporation,  by  a  vote  of  the  majority  of  those 
present,  shall  choose  such  officers,  and  enact  such  byelaws,  as  they 
may  think  proper,  for  the  regulation  and  government  of  said  cor- 
poration,— Provided  said  by  laws  are  not  repugnant  to  the  consti- 
tution and  laws  of  this  State. 


[CHAPTER  14.] 

State  of  \ 

New  Hampshire.  \ 

An   Act   to   incorporate   the   proprietors   of   New-Hampton 
Academy. 

[Approved  June  27.  1821.  Original  Acts,  vol.  26,  p.  go;  recorded  Acts, 
vol.  22,  p.  27.  See  additional  acts  of  June  29,  1826,  and  January  3,  1829, 
post.] 

Section  1.     Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in   General   Court   convened,   That  William   B.   Kelley, 
Nathaniel  Norris,  Joshua  B.  Drake,  John  Webster,  John  S.  Harper, 
Jeremiah  Ward,  Samuel  Kelley,  Peter  Hannaford,  Isaiah  Dotan, 
James  How,  David  B.  Mason,  Joseph  Cumings,  Michael  B.  Kelley, 
Samuel  Kelley,  Washington  Mooney,  Nathaniel  Drake,  3d,  Abra- 
ham   Harper,   John   M.    Kelley,   Joshua   Woodman,    and    such    as 
may  hereafter  become  associates  with  them,  be,  and  they  hereby  are 
incorporated  and  made  a  body  politic,  by  the  name  of  the  Proprie- 
tors of  New-Hampton  Academy;   and  by  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution;  and 
be  known  and  distinguished  in  their  acts  and  proceedings,  and  in  all 
cases  whatever;   and  shall  be,  and  hereby  are  vested  with  all  the 
powers  and  privileges  incident  to  corporations  of  a  like  nature. 


LAWS  OF   NEW   HAMPSHIRE  2  1 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  is 
hereby  made  capable  in  law  to  have,  receive  and  hold  in  fee  simple, 
or  any  less  estate,  by  gift,  grant,  or  otherwise,  any  real  estate,  the 
annual  income  of  which  shall  not  exceed  five  hundred  dollars,  and 
personal  estate  not  exceeding  ten  thousand  dollars;  and  the  same 
may  use  and  employ  for  the  promotion  of  science  and  the  useful 
arts,  and  for  the  benefit  of  said  Corporation  may  sell  and  dispose 
of  the  same  at  pleasure. 

Sec.  3.  And  be  it  further  enacted,  That  said  Academy  be  lo- 
cated and  established  in  the  town  of  New-Hampton  at  the  place 
where  the  building  now  intended  for  that  purpose  is  erected:  Pro- 
vided however,  that  whenever  it  shall  become  necessary  to  erect  a 
new  building  to  be  used  by  said  Academy,  in  lieu  of  the  one  now  in- 
tended to  be  used,  it  may  be  located  at  any  such  convenient  place 
in  said  town,  as  the  proprietors  may  at  any  legal  meeting  notified 
for  that  purpose  determine. 

Sec.  4.     And  be  it  further  enacted,  That  the  three  persons  first 
above  named,  or  any  two  of  them,  may  call  the  first  meeting  of  said 
proprietors,  at  some  convenient  time  and  place,  by  posting  a  notifi- 
cation for  that  purpose  at  the  Academy,  at  least  fifteen  days  prior 
to  the  day  of  holding  said  meeting:  at  which,  or  at  any  subsequent 
meeting  duly  notified,  the  proprietors  may  make  and  establish  such 
rules  and  regulations  as  they  may  deem  proper  for  the  government 
of  said  Corporation;  may  fix  the  time  of  their  annual  meeting,  and 
agree  on  the  manner  of  calling  the  annual  and  other  meetings;  may 
elect  such  officers  or  agents  as  may  be  considered  necessary;  may 
by  assessment  "upon  their  polls  and  rateable  estate"  raise  such  sum 
or  sums  of  money  as  the  exigencies  of  the  Corporation  may  seem  to 
require;  and  do  and  transact  any  business  in  relation  to  the  benefi- 
cial designs  contemplated  by  the  establishment  of  this  Seminary. 

Sec.  5.  And  be  it  further  enacted,  That  the  Academy  shall  be 
under  the  care,  superintendence  and  control  of  a  board  of  Trustees, 
consisting  of  three  persons,  who  may,  in  case  the  proprietors  deem 
it  expedient,  be  appointed  annually,  and  continue  in  office  until 
others  are  appointed.  And  until  such  appointment  shall  have  been 
made,  the  three  persons  first  above  named,  towit,  William  B.  Kelley, 
Nathaniel  Norris  and  Joshua  B.  Drake  shall  constitute  said  board. 
Provided  however,  that  the  proprietors  may  at  any  annual  meet- 
ing increase  the  number  of  trustees  to  five,  making  the  principal 
instructor,  ex  officio,  one  of  said  board;  a  majority  of  whom  shall 
constitute  a  quorum  for  the  transaction  of  business. 

The  Trustees  shall  have  power  to  appoint  and  dismiss  instructors; 
prescribe  their  duties;  establish  orders  and  regulations  for  the  gov- 
ernment of  the  students;  direct  the  management  and  application  of 
the  funds,  and  generally  direct  and  control  all  the  concerns  of  the 


22  LAWS   OF   NEW   HAMPSHIRE 

Institution,  subject  however  to  the  votes  and  orders  of  the  proprie- 
tors. 

Sec.  6.  And  be  it  further  enacted,  That  the  property  belonging 
to  said  Corporation,  not  exceeding  ten  thousand  dollars  in  value 
shall  be  exempt  from  taxation:  Provided  however,  that  the  Legis- 
lature may  at  any  time  hereafter  make  any  alteration  in  respect  to 
the  taxation  of  the  corporate  property,  and  may  also  make  such 
alterations  and  amendments  in  any  of  the  provisions  of  this  act  as 
may  be  deemed  necessary  or  expedient. 


[CHAPTER  15.] 


State  oj  I 

New  Hampshire.  \ 


An  Act,  for  raising  thirty  thousand  dollars  for  the  use  of 
this  State. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  91;  recorded  Acts, 
vol.  22,  p.  30.     Session  Laws,  1821,  Chap.   19.] 

Sec.  1  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  there  shall  be  raised  for  the 
use  of  this  State  the  sum  of  thirty  thousand  dollars,  which  sum  shall 
be  assessed,  collected  and  paid  into  the  Treasury  on  or  before  the 
first  day  of  December  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty  two;  and  the  Treasurer  be,  and  hereby,  is 
directed  seasonably  to  issue  his  warrants  to  the  selectmen  or  as- 
sessors of  the  several  towns,  parishes,  and  districts  within  this  State 
according  to  the  last  proportion  act;  and  the  selectmen  and  assessors 
of  the  several  towns,  parishes  and  districts  aforesaid  are  hereby  re- 
spectively required  to  assess  the  sums  specified  in  the  Treasurer's 
warrants,  and  cause  the  same  to  be  paid  into  the  Treasury  of  this 
State,  on,  or  before  the  first  day  of  December  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty  two;  And  the  Treas- 
urer may  issue  extents  for  all  taxes  that  may  then  remain  unpaid. 


LAWS  OF   NEW   HAMPSHIRE  23 

[CHAPTER  16.] 


State  of  I 

New  Hampshire.  \ 


An  act  authorizing  the  Superior  Court  of  Judicature  to 
cause  highways  to  be  established  in  certain  cases. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  92;  recorded  Acts, 
vol.  22,  p.  32.  Session  Laws,  182 1,  Chap.  20.  Laws,  1824  ed.,  p.  184.  See 
acts  of  December  2,  1812,  Laws  of  New  Hampshire,  vol.  8,  p.  147,  and  June 
24,  1814,  id.,  p.  358.  Repealed  by  acts  of  January  3,  1829,  post,  and  July  3, 
1829,  Session  Laws,  1829,  Chap.  52.] 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  whenever  any  public  highway  shall  be 
thought  necessary  to  be  laid  out  over  land  in  two  or  more  counties 
in  this  State  application  may  be  immediately  made  by  petition  to 
the  Superior  Court  of  Judicature  setting  in  either  of  such  counties; 
which  Court  shall  have  all  the  power  and  authority  to  cause  such 
road  or  public  highway  to  be  surveyed,  laid  out  and  established, 
and  to  cause  compensation  to  be  made  to  the  owners  of  land  over 
which  the  same  may  pass,  and  costs  to  be  taxed  that  by  law  per- 
tains to  the  Courts  of  sessions  to  establish  highways  in  any  partic- 
ular County. 


[CHAPTER  17.] 


State  of  } 

New  Hampshire.  \ 


An  Act,  in  addition  to  an  act,  entitled  "An  Act  for  arrang- 
ing, FORMING  AND  REGULATING  THE  MlLITIA"  PASSED  DECEM- 
BER l820. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  93;  recorded  Acts, 
vol.  22.  p.  33.  Session  Laws,  1821,  Chap.  21.  Laws,  1824  ed.,  p.  84.  See 
act  referred  to,  Laws  of  New  Hampshire,  vol.  8,  p.  955.  See  additional 
acts  of  June  29,  1821,  July  2,  1822,  July  3,  1822,  and  June  12,  1824,  post. 
Repealed  by  act  of  January  2,  1829,  post.'] 

Sec.  i.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  where  any  Company  of  Cav- 
alry, Artillery,  Riflemen,  Grenadiers,  Light  Infantry,  or  Infantry 
now  are,  or  hereafter  may  be  without  any  non-commissioned  officers 
to  notify  and  warn  the  men  belonging  to  said  Company,  the  Cap- 
tain or  commanding  officer  of  said  Company  shall  have  power  to 
order  any  of  the  private  soldiers  enrolled  in  said  Company  to  notify 
and  warn  the  men  belonging  to  said  Company  to  meet  for  any 
inspection,  training  or  muster;   which  notice  or  warning  shall  be 


24  LAWS   OF    NEW   HAMPSHIRE 

given  in  the  same  manner  as  is  provided  in  the  act  to  which  this  is 
in  addition.  And  if  any  such  private  soldier,  being  so  ordered  shall 
refuse  or  neglect  to  notify  and  warn  all  such  men,  he  shall  forfeit 
and  pay  the  sum  of  two  Dollars  for  every  man  he  shall  so  neglect 
to  warn,  to  be  recovered  by  the  captain  or  commanding  officer  of 
such  company  in  an  action  of  debt  before  any  magistrate  or  Court 
of  competent  jurisdiction  to  be  appropriated  for  the  repairs  of  mus- 
ical instruments.  And  the  men  so  warned  or  notified  shall  be  liable 
to  the  same  fines  for  neglect,  as  they  would  be  if  notified  and  warned 
by  a  non  commissioned  officer,,  as  provided  by  the  act,  to  which 
this  is  in  addition. 

Sec.  2  And  be  it  further  enacted,  that  the  Quarter  Master  re- 
turns required  by  the  twenty  third  section  of  the  act  to  which  this 
is  in  addition  shall  be  made  within  the  times  following — The  cap- 
tains or  commanding  officers  of  companies  shall  make  their  returns 
to  the  Regimental  Quarter  Masters  within  ten  days  from  the  annual 
training  and  inspection  in  May  in  each  year;  and  the  Regimental 
Quarter  Masters  shall  make  their  returns  to  the  Quarter  Master 
General  or  to  the  officer  doing  the  duties  of  Quarter  Master  Gen- 
eral, within  twenty  five  days  from  said  annual  training,  any  thing 
in  said  act  to  the  contrary  notwithstanding:  and  if  any  officer, 
whose  duty  it  shall  be  to  make  any  of  said  returns,  shall  neglect 
so  to  do  for  a  longer  time  than  is  above  specified  he  shall  forfeit  and 
pay  the  sum  of  twenty  dollars  to  be  recovered  by  the  Adjutant  and 
Inspector  General  in  an  action  of  debt  in  his  own  name,  to  be 
appropriated  for  defraying  any  expenses  attending  the  Militia. 

[CHAPTER  18.] 

State  of  ) 

New  Hampshire,  f 

An  act,  in  addition  to  an  act  entitled  an  act,  to  institute 
and  provide  for  the  organization  of  a  board  of  agriculture 
for  this  State. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  94;  recorded  Acts, 
vol.  22.  p.  3=;.  Session  Laws,  1821.  Chap.  22.  Laws,  1824  ed..  p.  102.  The 
act  referred  to  is  probably  dated  December  io,  1820,  Laws  of  New  Hamp- 
shire, vol.  8,  p.  940.     Repealed  by  act  of  December  21,  1824,  post.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  the  annual  meeting  of 
the  board  of  Agriculture  for  this  State,  shall  hereafter  be  holden 
on  the  second  Wednesday  of  June,  instead  of  the  first  Monday  after 
the  annual  meeting  of  the  Legislature. 

Sec.  2.  And  be  it  further  enacted,  that  the  Board  of  Agriculture 
for  this  State,  shall,  from  and  after  the  first  Monday  following  the 


LAWS  OF   NEW   HAMPSHIRE  25 

annual  meeting  of  the  Legislature  in  June  next,  consist  of  one  del- 
egate to  be  chosen  by  ballot  by  each  of  the  County  agricultural 
Societies  within  this  State,  instead  of  the  several  Presidents  of  the 
several  agricultural  societies,  with  one  delegate  to  be  chosen  by  each 
of  said  Societies,  as  is  provided  in  and  by  said  Act,  to  which  this 
in  addition. 

Sec  3.  And  be  it  further  enacted,  that  it  shall  be  the  duty  of 
the  Secretary  of  each  County  Agricultural  Society  within  this  State, 
to  transmit  "to  the  Secretary  of  said  Board  of  Agriculture  annually, 
on  or  before  the  annual  meeting  of  said  Board,  copies  of  all  com- 
munications to  such  society  on  the  management  and  culture  of 
crops,  on  which  premiums  have  been  awarded. 


[CHAPTER  19.] 


State  of  I 

New  Hampshire.  \ 


An  Act,  granting  to  David  Lewis  and  others  the  right  to 
flow  and  drain  pleasant  pond. 

[Approved  June  27,  182 1.  Original  Acts,  vol.  26,  p.  95;  recorded  Acts, 
vol.  22,  p.  37.] 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  David  Lewis,  Jabez  Fairbanks,  Phin- 
ehas  Butterfield  and  John  Sleeper,  and  their  heirs  and  assigns 
forever,  being  owners  of  grist  mills  standing  in  Francestown,  upon 
the  waters  which  issue  from  Pleasant  pond,  so  called,  situated  in 
said  town,  and  of  a  saw-mill  standing  on  said  waters  between  said 
pond  and  Mountain  Brook,  so  called,  or  being  owners  of  said  grist- 
mills only,  shall  have,  and  there  is  hereby  granted  to  them  a  right 
to  dig  and  deepen  the  bed  or  bottom  of  the  stream  running  out  of 
said  pond,  for  the  purpose  of  draining  the  same  as  low  as  they  may 
think  proper,  for  the  use  of  said  mills;  and  to  build  a  dam,  and  put 
down  a  floom  and  gate  at  the  outlet  of  said  pond,  and  repair  and 
rebuild  the  same,  whenever  they  shall  deem  it  necessary,  so  as  to 
raise  the  water  therein  as  high  as  may  be  done  without  injuring, 
except  in  case  of  great  or  sudeen  freshets,  the  meadow  and  the 
produce  thereof,  bordering  on  said  pond,  and  now  owned  by 
Nathan  Sleeper  and  David  Sleeper.'  And  in  case  a  great  or  sudden 
freshet  shall  cause  said  meadow  to  be  flowed  to  the  injury  of  said 
meadow,  or  the  produce  thereof,  the  owner  or  owners  thereof,  or 
any  one  of  them,  may  notify  the  proprietors  of  the  right  herein 
granted,  or  any  one  of  them,  or  any  person  tending  either  of  said 
mills  by  them  or  either  of  them  owned,  of  the  injurv  aforesaid. 
And  it  shall  become  the  duty  of  the  person  or  persons,  thus  notified, 


26  LAWS   OF   NEW   HAMPSHIRE 

to  hoist,  or  cause  to  be  hoisted  the  gate  put  down  as  aforesaid,  and 
suffer  the  same  to  remain  hoisted  until  the  water  shall  be  drawn 
from  said  meadow.  And  in  case  the  person  or  persons,  notified  as 
aforesaid,  shall  unreasonably  refuse  or  neglect  to  hoist  said  gate, 
or  cause  it  to  be  hoisted,  or  in  case  he  or  they  or  any  one  of  said 
proprietors  shall  shut  said  gate,  or  cause  it  to  be  shut  before  the 
water  shall  be  drawn  from  said  meadow,  then  the  person  or  persons 
notifying  as  aforesaid  may  apply  to  the  Selectmen  of  Francestown, 
for  the  time  being,  and  said  Selectmen,  or  a  major  part  of  them, 
shall  have  power  to  hoist  said  gate  and  keep  it  up  until  the  water 
shall  be  drawn  from  said  meadow.  And  if  in  their  opinion,  the 
person  or  persons  notified  as  aforesaid  have  unreasonably  refused 
or  neglected  to  hoist  said  gate,  or  cause  it  to  be  hoisted,  or  he  or 
they  or  any  one  of  said  proprietors  have  shut  the  same,  or  caused 
it  to  be  shut  before  the  water  was  drawn  from  said  meadow,  then 
said  Selectmen,  or  a  major  part  of  them,  shall  appraise  the  damage 
occasioned  by  such  refusal  or  neglect,  or  shutting  of  said  gate, 
and  shall,  on  request,  give  to  each  party  interested  a  certificate 
under  their  hands  of  such  opinion,  and  of  their  appraisal  of  the 
damages  occasioned  as  aforesaid. — And  the  said  proprietors,  their 
heirs  and  assigns,  shall  be  jointly  and  severally  liable  to  pay  to  any 
person  injured  by  such  refusal,  or  neglect,  or  shutting  of  saidgate, 
the  sum  at  which  his  damages  shall  be  appraised  as  aforesaid, 
together  with  a  penalty  of  ten  dollars  to  be  recovered  with  costs 
in  an  action  of  debt  before  any  justice  of  the  peace,  or  in  any  Court 
proper  to  try  the  same.  And  upon  the  trial  of  such  action,  the  said 
certificate  of  the  Selectmen  shall  be  competent  and  conclusive  evi- 
dence, as  well  that  the  damages  therein  appraised,  were  sustained 
as  of  their  amount. 


[CHAPTER  20.] 


State  of  ) 

New  Hampshire.  \ 


An  act,  for  the  preservation  of  fish,  in  Hart's  pond  in  the 
town  of  Canaan. 

[Approved  June  27,  1821.  Original  Acts,  vol.  26,  p.  96;  recorded  Acts, 
vol.  22,  p.  40.  Session  Laws,  1821,  Chan.  23.  Laws,  1824  ed.,  p.  124;  id., 
1830  ed.,  p.  258.  Repealed  by  act  of  June  28,  1831,  Session  Laws,  1831, 
Chap.  27.] 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  from  and  after  the  passing;  of  this 
act  for  the  term  of  five  years,  if  any  person  or  persons  shall  use  any 
spear  for  the  purpose  of  catching  or  destroying  any  of  the  fish  in 
Hart's  pond  in  Canaan  in  the  County  of  Grafton,  or  shall  between 


LAWS   OF   NEW   HAMPSHIRE  27 

the  first  day  of  November  and  the  first  day  of  May,  catch  any  of 
said  fish  through  the  ice,  or  otherwise,  in  said  pond,  such  person  or 
persons,  so  offending,  shall  for  every  fish  so  caught  forfeit  and  pay 
the  sum  of  two  dollars,  to  be  recovered  in  an  action  of  debt  by  any 
person  who  shall  sue  for  the  same,  before  any  Justice  of  the  peace 
within  the  County  of  Grafton;  one  half  of  said  sum  to  be  appro- 
priated to  the  use  of  the  person  who  shall  sue  for  the  same,  and 
the  other  half  for  the  use  of  said  County  of  Grafton. 


[CHAPTER  21.] 


State  of  \ 

New  Hampshire.  \ 


An  act  in  addition  to  an  act  entitled  An  act  to  incorporate 
sundry  persons  by  the  name  of  the  president,  directors 
and  Company  of  the  New  Hampshire  Union  Bank,  approved 
June  18,  1802. 

[Approved  June  28,  182 1.  Original  Acts,  vol.  26,  p.  97;  recorded  Acts, 
vol.  22,  p.  41.  Session  Laws,  1821,  Appendix,  p.  19.  See  act  referred  to, 
Laws  of  New  Hampshire,  vol.  7,  p.  102.  See  also  act  of  December  22,  1820, 
id.,  vol.  8,  p.  995.] 

Sec.  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  said  act,  entitled  an  act 
to  incorporate  sundry  persons  by  the  name  of  the  President,  Di- 
rectors and  Company  of  the  New  Hampshire  Union  Bank  shall 
remain  and  continue  to  be  in  force  for  and  during  the  term  of 
twenty  years  from  and  after  the  first  day  of  July  in  the  year  of 
our  Lord  1822  during  which  term  the  said  corporation  shall  con- 
tinue, and  shall  have  and  enjoy  all  the  rights,  privileges  and  im- 
munities granted  to  it  by  said  Act,  which  are  not  inconsistent  with 
this  Act,  and  shall  be  subject  to  all  the  liabilities,  mentioned  and 
provided  in  and  by  said  act,  not  inconsistent  with  the  provisions  of 
this  act 

Sec  2.  And  be  it  further  enacted,  that  the  said  corporation  shall 
not  issue  and  have  in  circulation  at  any  one  time  bills,  notes  or 
obligations  to  a  greater  amount  than  the  amount  of  the  capital 
stock  actually  paid  in  at  such  time  and  then  composing  the  capital 
stock  of  said  Bank; — And  in  case  any  Cashier,  Director  or  other 
officer  of  said  Bank  at  any  time  shall  knowingly  issue,  or  order, 
direct  or  cause  to  be  issued  and  put  into  circulation  bills,  notes  or 
obligations,  of  said  Bank  which  together  with  those  before  issued 
and  then  in  circulation  shall  exceed  the  amount  of  the  capital  stock 
of  said  Bank  as  aforesaid,  such  Cashier,  Director  or  other  officer 
shall  forfeit  and  pay  a  sum  not  exceeding  ten  thousand  dollars,  and 
not  less  than  one  thousand  dollars. 


28  LAWS   OF    NEW   HAMPSHIRE 

Sec  3.  And  be  it  further  enacted,  that  dividends  may  be  made 
semiannually  among  the  Stockholders  of  said  Bank  of  interest  or 
profits  actually  received,  but  no  part  of  the  capital  stock  of  said 
Bank  shall,  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  corporation,  be  divided 
among  or  paid  to  the  Stockholders  without  the  license  of  the  Legis- 
lature of  this  State  therefor,  on  penalty  that  any  cashier,  director 
or  other  officer  who  shall  so  divide  or  pay  the  same  or  order,  direct 
or  cause  the  same  to  be  done,  shall  therefor  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars,  nor  less  than  one  thousand 
dollars. — Provided  nevertheless,  that  it  shall  be  lawful  for  the 
Stockholders,  after  having  given  one  years  previous  notice  of  their 
intention  by  advertisement  in  two  newspapers  published  in  this 
State,  and  after  payment  of  all  outstanding  debts  due  from  said 
Bank,  to  make  a  division  of  the  capital  stock  among  themselves  and 
thereby  dissolve  said  corporation. 

Sec.  4.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
Bank  shall  for  the  purposes  of  this  Act  be  taken  and  deemed  to  be 
one  hundred  and  fifty  thousand  dollars  being  the  amount  of  sums 
actually  paid  into  said  Bank  by  the  stockholders  and  now  compos- 
ing the  capital  stock  thereof;  and  in  case  of  a  diminution  or  loss  of 
any  portion  thereof  by  reason  of  bad  or  desperate  debts  due  to  the 
Bank  or  other  means  whatever,  it  shall  be  the  duty  of  the  directors, 
in  their  next  annual  return  of  the  condition  of  the  said  Bank,  by 
law  required  to  be  made  to  the  Governor  and  Council,  to  state  the 
amount  of  such  diminution  or  loss,  and  the  cause  thereof;  and  after 
such  loss  of  diminution,  no  dividend  of  interest  or  profit  shall  be 
made  until  such  loss  or  diminution  shall  be  replaced  and  supplied 
by  assessments  and  actual  payments  by  the  stockholders  or  by 
appropriations  therefor  of  the  interest  and  profits  actually  re- 
ceived.— Provided  nevertheless,  that  the  capital  stock  of  said  Bank 
may  be  increased  by  assessments  and  actual  payments  by  the 
stockholders  to  any  sum  not  exceeding  in  amount  the  sum  limited 
by  the  original  act  of  incorporation,  and  such  payments  shall  there- 
upon be  added  to  said  one  hundred  and  fifty  thousand  dollars  and 
the  amount  of  both  sums  shall  constitute  the  capital  Stock. 

Sec  5.  And  be  it  further  enacted,  that  the  Legislature  shall  at 
all  times  have  the  right  by,  any  persons  duly  apoointed  for  that 
purpose,  to  examine  into  the  state,  condition  and  all  the  doings  and 
transactions  of  said  corporation,  and  of  its  officers  relating  to  the 
same;  for  which  purpose  all  the  books  and  papers  of  the  corpora- 
tion together  with  its  monev  and  securities  for  money,  shall  be 
exhibited  and  submitted  to  the  inspection  and  examination  of  such 
persons  so  to  be  appointed,  and  each  officer  of  said  corporation  shall 
answer,  on  oath  if  required,  all  suitable  and  proper  interrogatories 
relating  to  the  State,  condition  or  transactions  of  said  Bank. 

Sec  6.     And  be  it  further  enacted,  that  after  this  act  shall  be 


LAWS  OF   NEW   HAMPSHIRE  29 

accepted,  the  annual  meeting  of  the  stockholders  for  the  choice  of 
Directors  shall  be  held  on  the  second  Monday  of  July  Annually, 
instead  of  the  first  Monday,  as  directed  in  the  original  act  of 
Incorporation. 

Sec.  7.  And  be  it  further  enacted,  that  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 

Sec.  8.  And  be  it  further  enacted,  that  the  Act,  entitled,  An  Act 
in  addition  to  An  Act,  entitled  An  Act,  to  incorporate  sundry  per- 
sons by  the  name  of  the  President,  Directors  and  Company  of  the 
New  Hampshire  Union  Bank,  passed  December  22.  1820  be  and  the 
same  hereby  is  repealed. 


[CHAPTER  22.] 

State  of  I 

New  Hampshire.  \ 

An  act,  in  addition  to  an  Act  entitled  an  act  to  incorporate 
sundry  persons  by  the  name  of  the  president,  directors 
and  Company  of  the  New  Hampshire  Strafford  Bank, 
passed  the  tenth  day  of  june  one  thousand  eight  hundred 
and  three. 

[Approved  June  28,  1821.  Original  Acts,  vol.  26,  p.  98;  recorded  Acts, 
vol.  22,  p.  45.  The  act  referred  to  is  dated  June  11,  1803,  Laws  of  New 
Hampshire,  vol.  7,  p.  157.] 

Sec.  i.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  said  Act  entitled  an  act 
to  incorporate  sundry  persons  by  the  name  of  the  President,  Di- 
rectors and  Company  of  the  New  Hampshire  Strafford  Bank  shall 
remain  and  continue  to  be  in  force  for  and  during  the  term  of 
twenty  years  from  and  after  the  fourth  day  of  July  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty  three,  during 
which  term  the  said  corporation  shall  continue,  and  have  and  enjoy 
all  the  rights,  privileges  and  immunities  granted  to  it,  by  said  act, 
which  are  not  inconsistent  with  this  Act,  and  shall  be  subject  to  all 
the  liabilities  mentioned  and  provided  in  and  by  said  Act,  not  in- 
consistent with  the  provisions  of  this  Act. 

Sec.  2.  And  be  it  further  enacted,  that  the  said  Corporation 
shall  not  issue  and  have  in  circulation  at  any  one  time,  bills,  notes  or 
obligations  to  a  greater  amount  than  the  amount  of  the  capital 
stock  actually  paid  in  at  such  time  and  then  composing  the  capital 
Stock  of  said  Bank;  and  in  case  any  Cashier,  Director  or  other 
officer  of  said  Bank  at  any  time  shall  knowingly  issue  or  order, 
direct  and  cause  to  be  issued  and  put  into  circulation  bills,  notes 


30  LAWS   OF   NEW  HAMPSHIRE 

or  obligations  of  said  Bank,  which  together  with  those  before  issued 
and  then  in  circulation,  shall  exceed  the  amount  of  the  capital 
stock  of  said  Bank  as  aforesaid,  such  cashier,  Director,  or  other 
officer  shall  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars  and  not  less  than  one  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  that  dividends  may  be  made 
semiannually,  among  the  Stockholders  of  said  Bank,  of  interest 
or  profits  actually  received;  but  no  part  of  the  capital  Stock  of 
said  Bank,  shall,  either  before  or  after  the  expiration  of  the  time 
limited  by  this  act  for  the  continuance  of  said  corporation,  be  di- 
vided among  or  paid  to  the  Stockholders  without  the  license  of  the 
Legislature  of  this  State  therefor,  on  penalty  that  any  Cashier, 
Director  or  other  officer  who  shall  so  divide  or  pay  the  same,  or 
order,  direct  or  cause  the  same  to  be  done,  shall  therefor  forfeit  and 
pay  a  sum  not  exceeding  ten  thousand  dollars,  nor  less  than  one 
thousand  dollars.  Provided,  nevertheless,  that  it  shall  be  lawful  for 
the  Stockholders  after  having  given  one  years  previous  notice  of 
their  intention  by  advertisement  in  two  newspapers  published  in 
this  State  and  after  payment  of  all  outstanding  debts  due  from  said 
bank  to  make  a  division  of  the  capital  Stock  among  themselves  and 
thereby  dissolve  said  corporation. 

Sec.  4.  And  be  it  further  enacted,  that  the  capital  stock  of 
said  Bank  shall,  for  the  purposes  of  this  act,  be  taken  and  deemed 
to  be  one  hundred  thousand  dollars  being  the  amount  of  the  sums 
actually  paid  into  said  Bank  by  the  stockholders  and  now  compos- 
ing the  capital  stock  thereof;  and  in  case  of  a  diminution  or  loss  of 
any  portion  thereof,  by  reason  of  bad  or  desperate  debts  due  to 
the  bank  or  other  means  whatever,  it  shall  be  the  duty  of  the 
Directors  in  their  annual  return  of  the  condition  of  the  said  Bank, 
by  law  required  to  be  made  to  the  Governor  and  Council,  to  state 
the  amount  of  such  diminution  or  loss  and  the  cause  thereof;  And 
after  such  loss  or  diminution,  no  dividend  of  interest  or  profits  shall 
be  made  until  such  loss  or  diminution  shall  be  replaced  and  supplied 
by  assessments  and  actual  payments  by  the  stockholders  or  by 
appropriations  therefor  of  the  interest  and  profits  actually  re- 
ceived.— Provided  nevertheless,  that  the  capital  stock  of  said  Bank 
may  be  increased  by  assessments  and  actual  payments  by  the  stock- 
holders to  any  sum  not  exceeding  in  amount  the  sum  limited  by  the 
original  act  of  incorporation  and  such  pavments  shall  thereupon 
be  added  to  said  one  hundred  thousand  dollars  and  the  amount  of 
both  sums  shall  constitute  the  capital  stock. 

Sec.  5.  And  be  it  further  enacted,  that  the  Legislature  shall  at 
all  times  have  the  right,  by  any  persons  duly  appointed  for  that 
purpose,  to  examine  into  the  state,  condition  and  all  the  doings  and 
transactions  of  said  corporation  and  of  its  officers  relating  to  the 
same;  for  which  purpose  all  the  books  and  papers  of  the  corporation 
together  with  its  monies  and  securities  for  money  shall  be  exhibited 


LAWS   OF    NEW   HAMPSHIRE  31 

and  submitted  to  the  inspection  and  examination  of  such  persons 
so  to  be  appointed;  and  each  officer  of  said  corporation  shall  answer 
on  oath,  if  required,  all  suitable  and  proper  interrogatories  relating 
to  the  state,  condition  or  transactions  of  said  Bank. 

Sec.  6  And  be  it  further  enacted,  that  all  penalties  incurred, 
under  this  act,  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 

Sec.  7.  And  be  it  further  enacted,  that  the  said  corporation, 
instead  of  the  name  and  stile  of  the  President,  Directors  and  com- 
pany of  the  New  Hampshire  Strafford  Bank,  by  which  name  they 
were  incorporated,  by  the  act  to  which  this  in  addition,  shall  from 
and  after  the  expiration  of  said  act,  be  known  and  called  by  the 
name  of  the  President,  Directors  and  Company  of  the  Strafford 
Bank. 


[CHAPTER  23.] 

State  of  ) 

New  Hampshire,  f 

An  act,  in  addition  to  an  act,  entitled  an  act,  to  incorporate 
sundry  persons  by  the  name  of  the  president,  directors 
and  Company  of  the  Portsmouth  Bank  passed  the  eleventh 
day  of  June  one  thousand  eight  hundred  and  three. 

[Approved  June  28,  1821.  Original  Acts,  vol.  26,  p.  99;  recorded  Acts, 
vol.  22,  p.  50.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  7,  p.  154.  See  additional  act  of  June  17,  1836,  Session  Laws,  June,  1836, 
Private  Acts,  Chap.  60.] 

Sec.  i.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  said  act,  entitled  an  act, 
to  incorporate  sundry  persons  by  the  name  of  the  President,  Di- 
rectors and  company  of  the  Portsmouth  Bank,  shall  remain  and 
continue  to  be  in  force  for  and  during  the  term  of  twenty  years  from 
and  after  the  first  day  of  July  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty  three;  during  which  term  the  said  corpo- 
ration shall  continue,  and  shall  have  and  enjoy  all  the  rights,  privi- 
leges and  immunities,  granted  to  it  by  said  act,  which  are  not  in- 
consistent with  this  act,  and  shall  be  subject  to  all  the  liabilities 
mentioned  and  provided  in  and  by  said  act,  not  inconsistent  with 
the  provisions  of  this  act. 

Sec.  2.  And  be  it  further  enacted,  that  the  said  corporation  shall 
not  issue  and  have  in  circulation  at  any  one  time,  bills,  notes  or 
obligations  to  a  greater  amount,  than  the  amount  of  the  capital 
stock  actually  paid  in  at  such  time,  and  then  composing  the  caDital 
stock  of  said  bank;  and  in  case  any  Cashier,  Director  or  other  officer 


32  LAWS   OF   NEW   HAMPSHIRE 

of  said  Bank,  at  any  time  shall  knowingly  issue  or  order,  direct  and 
cause  to  be  issued  and  put  into  circulation,  bills,  notes  or  obligations 
of  said  Bank  which  together  with  those  before  issued  and  then  in 
circulation  shall  exceed  the  amount  of  the  capital  stock  of  said 
Bank  as  aforesaid  such  Cashier,  director  or  other  officer  shall  forfeit 
and  pay  a  sum  not  exceeding  ten  thousand  dollars  and  not  less  than 
one  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  that  dividends  may  be  made 
semiannually  among  the  stockholders  of  said  Bank  of  interest  or 
profits  actually  received;  but  no  part  of  the  capital  stock  of  said 
Bank  shall,  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  corporation,  be  divided 
among  or  paid  to  the  Stockholders  without  the  license  of  the  Legis- 
lature of  this  State  therefor,  on  penalty  that  any  cashier,  director 
or  other  officer  who  shall  so  divide  or  pay  the  same,  or  order,  direct 
or  cause  the  same  to  be  done  shall  therfor  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars  nor  less  than  one  thousand  dol- 
lars— Provided,  nevertheless,  that  it  shall  be  lawful  for  the  stock- 
holders, after  having  given  one  years  previous  notice  of  their  inten- 
tion, by  advertisement  in  two  newspapers  published  in  this  State, 
and  after  payment  of  all  outstanding  debts  due  from  said  Bank,  to 
make  a  division  of  the  capital  stock  among  themselves,  and  thereby 
dissolve  said  corporation. 

Sec.  4.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
Bank  shall  for  the  purposes  of  this  act  be  taken  and  deemed  to  be 
one  hundred  thousand  dollars  being  the  amount  of  the  sums  actually 
paid  into  said  Bank  by  the  stockholders  and  now  composing  the 
Capital  stock  thereof,  and  in  case  of  a  diminution  or  loss  of  any 
portion  thereof  by  reason  of  bad  or  desperate  debts  due  to  the  bank, 
or  other  means  whatever,  it  shall  be  the  duty  of  the  Directors  in 
their  next  annual  return  of  the  condition  of  the  said  bank  by  law 
required  to  be  made  to  the  Governor  and  Council  to  state  the  amount 
of  such  diminution  or  loss  and  the  cause  thereof;  and  after  such  loss 
or  diminution  no  dividend  of  interest  or  profit  shall  be  made  until 
such  loss  or  diminution  shall  be  replaced  and  supplied  by  assess- 
ments and  actual  payments  by  the  stockholders  or  by  appropriations 
therefor  of  the  interest  and  profits  actually  received;  Provided 
nevertheless,  that  the  capital  stock  of  said  Bank  may  be  increased 
by  assessments  and  actual  payments  by  the  stockholders  to  any  sum 
not  exceeding  in  amount  the  sum  limited  by  the  original  act  of  in- 
corporation and  such  payments  shall  thereupon  be  added  to  said  one 
hundred  thousand  dollars  and  the  amount  of  both  sums  shall  con- 
stitute the  capital  stock. 

Sec.  5.  And  be  it  further  enacted,  that  the  Legislature  shall 
at  all  times  have  the  right,  by  any  persons  duly  appointed  for  that 
purpose,  to  examine  into  the  state,  condition,  and  all  the  doings 
and  transactions  of  said  corporation,  and  of  its  officers  relating  to 


LAWS   OF   NEW   HAMPSHIRE  33 

the  same;  for  which  purpose  all  the  books  and  papers  of  the  corpo- 
ration together  with  its  money  and  securities  for  money,  shall  be 
exhibited  and  submitted  to  the  inspection  and  examination  of  such 
persons  so  to  be  appointed;  and  each  officer  of  said  Corporation 
shall  answer  on  oath,  if  required,  all  suitable  and  proper  interrog- 
atories, relating  to  the  state,  condition  or  transactions  of  said  Bank. 

Sec.  6.  And  be  it  further  enacted,  that  after  this  act  shall  be 
accepted,  the  annual  meeting  of  the  stockholders  for  the  choice  of 
Directors  shall  be  held  on  the  second  Monday  of  July  annually 
instead  of  the  first  Monday  as  directed  in  the  original  act  of  in- 
corporation. 

Sec.  7.  And  be  it  further  enacted,  that  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 


[CHAPTER  24.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act  entitled  an  Act  to  incorporate 
sundry  persons  by  the  name  of  the  president,  directors 
and  Company  of  the  Coos  Bank,  approved  December  24, 
1803.  ■ 

[Approved  June  28,  1821.  Original  Acts,  vol.  26,  p.  100;  recorded  Acts, 
vol.  22,  p.  54.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  7,  P-  -207.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  said  act  entitled  an 
Act  to  incorporate  sundry  persons  by  the  name  of  the  President, 
Directors  and  Company  of  the  Coos  Bank  shall  remain  and  continue 
to  be  in  force  for  and  during  the  term  of  twenty  years  from  and  after 
the  first  day  of  January,  1824,  during  which  term  the  said  corpora- 
tion shall  continue  and  shall  have  and  enjoy  all  the  rights,  privileges 
and  immunities  granted  to  it  by  said  act  which  are  not  inconsistent 
with  this  act,  and  shall  be  subject  to  all  the  liabilities  mentioned  and 
provided  in  and  by  said  act  not  inconsistent  with  the  provisions  of 
this  Act. 

Sec.  2.  And  be  it  further  enacted  that  the  said  Corporation  shall 
not  issue  and  have  in  circulation  at  any  one  time,  bills,  notes,  or 
obligations  to  a  greater  amount  than  the  amount  of  the  capital  stock 
actually  paid  in  at  such  time  and  then  composing  the  capital  stock 
of  said  Bank.  And  in  case  any  Cashier,  Director  or  other  offic°r  of 
said  Bank  at  any  time  shall  knowingly  issue,  or  order,  direct  or 
cause  to  be  issued  and  put  into  circulation,  bills,  notes  or  obligations 


34  LAWS   OF    NEW   HAMPSHIRE 

of  said  Bank,  which  together  with  those  before  issued  and  then  in 
circulation,  shall  exceea  the  amount  of  the  capital  stock  of  said  Bank 
as  aforesaid,  such  Cashier,  Director  or  other  officer,  shall  forfeit  and 
pay  a  sum  not  exceeding  ten  thousand  dollars  and  not  less  than  one 
thousand  dollars. 

Sec.  3  And  be  it  further  enacted,  that  dividends  may  be  made 
semiannually  among  the  Stockholders  of  said  Bank,  of  interest  or 
profits  actually  received;  but  no  part  of  the  capital  stock  of  said 
Bank,  shall,  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  Corporation,  be  divided 
among  or  paid  to  the  Stockholders-  without  the  licence  of  the  Legis- 
lature of  this  state  therefor  on  penalty  that  any  Cashier,  Director  or 
other  officer  who  shall  so  divide  or  pay  the  same  or  order,  direct  or 
cause  the  same  to  be  done,  shall  therefor  forfeit  and  pay  a  sum  not 
exceeding  ten  thousand  dollars,  nor  less  than  one  thousand  dollars. 
Provided  nevertheless  that  it  shall  be  lawful  for  the  Stockholders 
after  having  given  one  year's  previous  notice  of  their  intention  by 
advertisement  in  two  newspapers  published  in  this  state  and  after 
payment  of  all  outstanding  debts  due  from  said  Bank,  to  make  a 
division  of  the  capital  stock  among  themselves,  and  thereby  dissolve 
said  corporation. 

Sect.  4.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
Bank,  shall,  for  the  purposes  of  this  act,  be  taken  and  deemed  to 
be  one  hundred  thousand  dollars,  being  the  amount  of  sums  actually 
paid  into  said  Bank  by  the  Stockholders  and  now  composing  the 
capital  stock  thereof,  and  in  case  of  a  diminution  or  loss  of  any 
portion  thereof  by  reason  of  bad  or  desperate  debts  due  to  the  Bank, 
or  other  means  whatever,  it  shall  be  the  duty  of  the  Directors  in 
their  next  annual  return  of  the  condition  of  said  Bank  by  law  re- 
quired to  be  made  to  the  Governor  and  Council  to  state  the  amount 
of  such  diminution,  or  loss,  and  the  cause  thereof;  and  after  such 
loss  or  diminution  no  dividend  of  interest  or  profit  shall  be  made 
until  such  loss  or  diminution  shall  be  replaced  and  supplied  by 
assessments  and  actual  payments  by  the  stockholders  or  by  appro- 
priation therefor  of  the  interest  and  profits  actually  received. 

Sec.  5.  .  And  be  it  further  enacted,  that  the  Legislature  shall  at 
all  times  have  the  right,  by  any  persons  duly  appointed  for  that  pur- 
pose to  examine  into  the  state,  condition  and  all  the  doings  and 
transactions  of  said  corporation  and  of  its  officers  relating  to  the 
same,  for  which  purpose  all  the  books  and  papers  of  the  corporation 
together  with  its  money  and  securities  for  money  shall  be  exhibited 
and  submitted  to  the  inspection  and  examination  of  such  persons  so 
to  be  appointed,  and  each  officer  of  said  corporation  shall  answer, 
on  oath  if  required,  all  suitable  and  proper  interrogatories  relating 
to  the  state,  condition  or  transactions  of  said  Bank. 

Sec.  6.  And  be  it  further  enacted,  that  from  and  after  the  first 
day  of  January,  Anno  Domini,  one  thousand  eight  hundred  and 


LAWS   OF    NEW   HAMPSHIRE  35 

twenty  two,  the  said  Corporation  shall  in  all  cases  be  called  and 
known  by  the  name  and  style  of  the  President,  Directors  &  Com- 
pany of  the  Grafton  Bank. 

Sec.  7.  And  be  it  further  enacted,  that  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 


[CHAPTER  25.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act,  entitled,  "an  act  to  incorpo- 
rate SUNDRY  PERSONS  BY  THE  NAME  OF  THE  PRESIDENT,  DI- 
RECTORS and  Company  of  the  Cheshire  Bank." 

[Approved  June  28,  1821.  Original  Acts,  vol.  27,  p.  1 ;  recorded  Acts, 
vol.  22,  p.  58.  The  act  referred  to  is  probably  dated  December  24,  1803,  Laws 
of  New  Hampshire,  vol.  7,  p.  203.  See  additional  acts  of  June  2j,  1827,  post; 
June  iq,  1844,  Session  Laws,  June,  1844,  Chap.  11=;  and  June  26,  1863,  id., 
1863,  Chap.  2809.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  said  act,  entitled 
"an  act  to  incorporate  sundry  persons  by  the  name  of  the  President, 
Directors  and  Company  of  the  Cheshire  Bank,"  shall  remain  and 
continue  to  be  in  force  for  and  during  the  term  of  twenty  years  from 
and  after  the  first  day  of  March  which  will  be  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty  four;  during  which 
term  the  said  Corporation  shall  continue  and  shall  have  and  enjoy 
all  the  rights,  privileges  and  immunities  granted  to  it  in  and  by  said 
act  which  are  not  inconsistent  with  this  act,  and  shall  be  subject  to 
all  liabilities  mentioned  and  provided  in  and  by  said  act  not  incon- 
sistent with  the  provisions  of  this  act. 

Sec.  2.  And  be  it  further  enacted.  That  the  said  Corporation  shall 
not  issue  and  have  in  circulation  at  any  one  time,  bills,  notes,  or 
obligations  to  a  greater  amount  than  the  amount  of  the  capital  stock 
actually  paid  in  at  such  time  and  then  composing  the  capital  stock 
of  said  Bank;  and  in  case  anv  cashier,  director  or  other  officer  of 
said  Bank  shall  at  any  time  knowingly  issue,  or  order,  direct,  or 
cause  to  be  issued  and  put  in  circulation,  bills,  notes  or  obligations 
of  said  Bank,  which,  together  with  those  before  issued  and  then  in 
circulation,  shall  exceed  the  amount  of  the  capital  stock  of  said 
Bank  as  aforesaid,  such  cashier,  director  or  other  officer  shall  for- 
feit and  pay  a  sum  not  exceeding  ten  thousand  dollars  nor  less 
than  one  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  That  dividends  mav  be  made 
semiannually  among  the  stockholders  of  said  Bank  of  interest  or 


36  LAWS  OF   NEW  HAMPSHIRE 

profits  actually  received,  but  no -part  of  the  capital  stock  of  said 
Bank  shall,  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  Corporation,  be  divided 
among  or  paid  to  the  stockholders  without  the  licence  of  the  Legis- 
lature of  this  State  therefor,  on  penalty  that  any  cashier,  director  or 
other  officer  who  shall  so  divide  or  pay  the  same,  or  order,  direct, 
or  cause  the  same  to  be  done,  shall  therefor  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars  nor  less  than  one  thousand  dol- 
lars, Provided  nevertheless,  that  it  shall  be  lawful  for  the  stock- 
holders, after  having  given  one  year's  previous  notice  of  their  in- 
tention, by  advertisement  in  two  newspapers  published  in  this  State, 
and  after  payment  of  all  outstanding  debts  due  from  said  Bank,  to 
make  a  division  of  the  capital  stock  among  themselves,  and  thereby 
dissolve  said  Corporation. 

Sec.  4.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  Bank  shall  for  the  purposes  of  this  act  be  taken  and  deemed  to 
be  one  hundred  thousand  dollars,  being  the  amount  of  the  sums 
actually  paid  into  said  Bank  by  the  stockholders  and  now  compos- 
ing the  capital  stock  thereof;  and  in  case  of  a  diminution  or  loss  of 
any  portion  thereof  by  reason  of  bad  or  desperate  debts  due  to  the 
Bank,  or  other  means  whatever,  it  shall  be  the  duty  of  the  directors 
in  their  next  annual  return  of  the  condition  of  said  Bank  by  law 
required  to  be  made  to  the  Governor  and  Council,  to  state  the 
amount  of  such  diminution,  or  loss,  and  the  cause  thereof;  and  after 
such  loss  or  diminution  no  dividend  of  interest  or  profits  shall  be 
made  until  such  loss  or  diminution  shall  be  replaced  and  supplied 
by  assessments  and  actual  payments  by  the  stockholders,  or  by  ap- 
propriations therefor  of  the  interest  or  profits  actually  received. 

Provided  nevertheless,  that  the  capital  stock  of  said  Bank  may  be 
increased  by  assessments  and  actual  payments  by  the  stockholders  to 
any  sum  not  exceeding  in  amount  the  sum  limited  by  the  original  act 
of  incorporation;  and  such  payments  shall  thereupon  be  added  to 
said  one  hundred  thousand  dollars,  and  the  amount  of  both  sums 
shall  constitute  the  capital  stock. 

Sec.  5.  And  be  it  further  enacted,  That  the  Legislature  shall 
at  all  times  have  the  right  by  any  persons  duly  appointed  for  that 
purpose  to  examine  into  the  state  and  condition,  and  all  the  doings 
and  transactions  of  said  Corporation,  and  of  its  officers  relating  to 
the  same;  for  which  purpose  all  the  books  and  papers  of  the  Corpo- 
ration together  with  its  money  and  securities  for  money  shall  be 
exhibited  and  submitted  to  the  inspection  and  examination  of  such 
persons  so  to  be  appointed.  And  each  officer  of  said  Corporation 
shall  answer  on  oath,  if  required,  all  suitable  and  proper  interroga- 
tories relating  to  the  state,  condition  or  transactions  of  siid  B?nk. 

Sec.  6.  And  be  it  further  enacted,  That  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 


LAWS   OF   NEW   HAMPSHIRE  37 

[CHAPTER  26.] 

State  oj  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  first  Baptist  Musical  Society  in 
Sandbornton. — 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  2;  recorded  Acts, 
vol.  22,  p.  61.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  John  Carr,  Simon  Lane, 
Mark  Smith,  Jacob  Smith  and  their  associates,  successors  and  as- 
signs, be  and  they  are  hereby  made  a  body  politic  and  corporate 
forever,  by  the  name  of  "the  first  Baptist  Musical  Society  in  Sand- 
bornton", with  all  the  powers,  privileges  and  immunities  incident  to 
corporations  of  a  similar  nature  with  continuance  and  succession 
forever. 

Section  2.  And  be  it  further  enacted,  that  John  Carr  and  Simon 
Lane,  or  either  of  them,  may  call  the  first  meeting  of  said  Corpora- 
tion, by  posting  up  in  two  public  places  in  said  town,  a  notification 
of  the  time  and  place  of  said  meeting,  ten  days  at  least,  prior 
thereto;  and  that  said  society  have  liberty  to  establish  such  by  laws 
as  are  necessary  for  the  good  regulation  of  said  society,  which  are 
not  repugnant  to  the  constitution  and  the  laws  of  this  State. 


[CHAPTER  27.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  establish  a  Literary  fund  to  be  collected  from 
the  several  banking  corporations  within  this  State. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  3;  recorded  Acts, 
vol.  22,  p.  62.  Session  Laws,  1821,  Chap.  35.  Laws,  1824  ed.,  p.  no;  id., 
1830  ed.,  p.  324.  Last  section  of  this  act  repealed  July  3,  1822,  post.  See 
acts  of  December  31,  1828,  post;  July  1,  1830,  Session  Laws,  1830,  Chap.  29, 
and  July  2,  1831,  id.,  1831,  Chap.  44.  Wholly  repealed  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened ;  that  his  Excellency  the  Gov- 
ernor, the  Secretary,  and  the  Treasurer  of  this  State  for  the  time 
being,  be  and  they  hereby  are  appointed  commissioners  to  manage 
and  Superintend  a  fund  to  be  formed  and  constituted  in  the  manner 
herein  after  prescribed,  to  be  denominated  the  Literary  Fund,  which 
said  Fund  shall  be  for  the  sole  use  and  purpose  of  endowing  or  sup- 


38  LAWS  OF  NEW  HAMPSHIRE 

porting  a  College  for  Instruction  in  the  higher  branches  of  science 
and  Literature,  and  to  be  appropriated  to  this  purpose  in  the  manner 
the  Legislature  of  this  State  shall  hereafter  order  and  appoint;  Pro- 
vided, said  fund  shall  never  be  applied  to  the  benefit  of  any  institu- 
tion which  is  not  under  the  direction  and  control  of  the  State. 

Section  2.  Be  it  further  enacted,  that  the  commissioners  afore- 
said be,  and  they  hereby  are  authorized,  empowered  and  directed  to 
vest  the  several  sums  hereafter  from  time  to  time  to  be  received  by 
the  Treasurer  by  virtue  of  this  Act  and  the  interest  which  may  here- 
after accrue  and  be  received  on  the  same,  in  productive  public 
stocks  or  other  securities  in  the  name  of  this  State  in  the  manner 
they  shall  deem  most  conducive  to  the  interest  of  the  same  and 
shall  prepare  and  lay  a  statement  of  the  amount,  condition  and  cir- 
cumstances of  said  Fund  before  the  Legislature  of  this  State  on  the 
second  Wednesday  of  June  annually — 

Section  3.  Be  it  further  enacted,  that  from  and  after  the  first 
day  of  July  Anno  Domini  1822,  no  Banking  corporation  established 
or  to  be  established  under  the  authority  of  this  State  shall  issue  or 
put  in  circulation  in  any  manner  whatever  any  bills,  notes  or  obli- 
gations made  by  said  Corporation  unless  the  same  be  stamped  by 
the  Treasurer  of  this  State  with  some  suitable  and  appropriate 
stamp  to  be  approved  by  his  Excellency  the  Governor  which  said 
stamp  shall  designate  the  year  in  which  the  same  is  used  and  ap- 
plied.— And  it  shall  be  the  duty  of  the  Treasurer  any  time  in  the 
month  of  June  in  each  year  to  stamp  all  bills,  notes  or  obligations 
presented  to  him  for  that  purpose  by  any  banking  corporation 
established  or  to  be  established  under  the  authority  of  this  State; 
And  said  corporation  shall  pay  to  the  Treasurer  at  or  after  the  rate 
of  Fifty  dollars  for  every  thousand  dollars  in  bills,  notes  or  obliga- 
tions, so  stamped  as  aforesaid  on  the  delivery  of  the  same;  Pro- 
vided nevertheless  that  the  several  and  respective  Banking-Corpo- 
rations aforesaid  may  be  relieved  and  discharged  from  all  the 
provisions  of  this  Act  by  paying  on  the  second  Wednesday  of  June 
Annually  to  the  Treasurer  of  this  State  one  half  of  one  per  cent  on 
the  amount  which  shall  at  the  time  constitute  the  actual  capital 
stock  of  said  Bank;  and  in  case  any  dispute  shall  arise  respecting 
the  amount  of  said  Capital  stock,  the  same,  for  the  purposes  of  this 
Act,  shall  be  determined  by  the  commissioners  aforesaid. 

Section  4  Be  it  further  enacted,  that  it  shall  be  lawful  for  any 
Banking  corporation  to  issue  and  circulate  their  bills,  notes  and 
obligations  so  stamped  as  aforesaid  for  one  year  from  the  first  day 
of  July  next  after  the  same  shall  be  so  stamped,  and  no  longer 
unless  the  same  shall  be  again  stamped  agreeably  to  the  provisions 
of  this  act — And  no  banking  corporation  aforesaid  shall  issue  or  nut 
in  circulation  in  any  manner  whatever  within  this  State  any  bills, 
notes  or  obligations  of  any  other  banking  corporations  not  stamped 
as  aforesaid. 


LAWS  OF   NEW   HAMPSHIRE  39 

Sec.  5.  Be  it  further  enacted,  that  any  President,  Director  or 
other  officer  of  any  Banking  Corporation,  established  or  to  be  estab- 
lished as  aforesaid,  who  shall  knowingly  issue  or  put  in  circulation, 
or  cause  to  be  issued  or  put  in  circulation  in  any  manner  whatever 
any  bills,  notes  or  obligations  of  any  Banking  Corporations  as 
aforesaid  contrary  to  the  provisions  of  this  Act  he  shall  forfeit  and 
pay  a  sum  not  exceeding  five  hundred  dollars  nor  less  than  One  hun- 
dred dollars  to  be  recovered  by  suit  or  information  in  the  name  of 
the  State  and  to  be  applied  to  increase  the  fund  aforesaid. 

Section  6.  Be  it  further  enacted,  that  the  Treasurer  of  this 
State  shall  account  to  the  Commissioners  aforesaid  for  all  sums 
which  he  may  receive  by  virtue  of  this  act. 

Section  7.  Be  it  further  enacted,  that  the  said  fund  is  and  shall 
continue  to  be  pledged  and  appropriated  to  the  endowment  or  sup- 
port of  a  College  for  instruction  in  the  higher  branches  of  science 
and  literature  in  this  State  to  be  applied  in  such  way  and  manner 
as  the  Legislature  shall  hereafter  direct  and  shall  not  be  disposed 
of  or  applied  to  any  other  use  or  purpose  whatever;  And  that  the 
said  commissioners  may  accept  receive  and  hold  donations,  bequests 
and  devises  of  real  and  personal  estate  made  by  individuals  for  the 
increase  of  said  fund  which  shall  be  deemed  and  taken  to  constitute 
a  part  thereof. 

Section  8.  Be  it  further  enacted,  that  so  much  of  the  act,  enti- 
tled an  act  to  establish  the  rates  at  which  polls  and  rateable  estate 
shall  be  valued  in  making  and  assessing  direct  taxes  as  relates  to  the 
valuation  and  taxation  of  Bank  shares  be  and  the  same  is  hereby 
repealed  so  far  as  relates  to  the  future  taxation  of  the  shares  of  the 
owners  of  Bank  Stock  in  any  Banking  Corporation  established  or 
to  be  established  under  the  authoritv  of  this  State. 


[CHAPTER  28.] 


State  oj  1 

New  Hampshire.  \ 


An  act,  regulating  pedlars,  hawkers  and  showmen. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  4;  recorded  Acts, 
vol.  22,  p.  66.  Session  Laws,  1821,  Chap.  31.  Laws,  1824  ed.,  v.  113;  id., 
1830  ed.,  p.  328.  Partly  repealed  by  act  of  June  27,  1835,  Session  Laws,  1835, 
Chap.  205.  "  Wholly  repealed  December  23,  1842.  See  Revised  Statutes 
(1842),  Chap.  230.] 

Sec.  1.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  from  and  after  the  first  day 
of  September  next  no  person  or  persons  shall  exercise  the  business 
of  a  hawker  or  pedlar  going  from  town,  to  town,  or  from  place  to 
place  on  foot,  or  with  a  horse,  or  horses,  or  otherwise  carrying  to 


40  LAWS   OF   NEW   HAMPSHIRE 

sell,  or  exposing  to  sale  any  goods,  wares  or  merchandize  within 
this  State,  without  licence  first  had  and  obtained  from  the  Justices 
of  the  court  of  sessions,  who  are  hereby  empowered  to  grant  such 
licence  for  a  term  not  exceeding  one  year;  Provided  the  person 
making  such  application  shall  produce  to  said  Court  satisfactory 
evidence  that  he  sustains  a  good  moral  character,  which  evidence 
shall  be  in  writing  and  filed  in  said  Court;  and  the  licence,  if 
granted,  shall  be  recorded  by  the  Clerk  among  the  records  of  said 
Court,  and  a  certified  copy  of  said  record  shall  be  delivered  to  and 
kept  by  the  person  licenced. 

Sec.  2.  And  be  it  further  enacted,  that  for  every  person,  who 
obtains  licence  as  aforesaid  there  shall  be  paid  to  the  Treasurer  of 
the  County  where  such  licence  is  granted  for  the  use  thereof,  twelve 
dollars,  which  shall  be  by  said  Treasurer  certified  on  said  licence 
before  the  same  shall  be  of  any  avail. 

Sec.  3.  And  be  it  further  enacted,  that  if  any  person  shall  ex- 
ercise the  business  of  a  Hawker  or  Pedlar  within  this  State  without 
a  licence  therefor  as  is  herein  before  provided  or  shall  while  pur- 
suing such  business,  refuse  to  show  such  licence  for  examination  to 
any  citizen  of  this  State,  to  whom  such  pedlar  shall  offer  to  sell  any 
of  his  goods,  wares  or  merchandize,  if  thereto  requested,  such  person 
shall  for  either  of  the  offences  aforesaid  forfeit  and  pay  a  sum  not 
less  than  ten  dollars,  nor  more  than  fifty  dollars. 

Sec.  4.  And  be  it  further  enacted,  that  any  Justice  of  the  Peace 
on  complaint  made  to  him  of  any  such  offence  may  issue  his  warrant 
against  the  person  complained  against  and  order  him  to  recognize 
with  sufficient  surety  or  sureties  to  answer  the  complaint  aforesaid 
before  the  Justices  of  the  Superior  Court  next  to  be  held  in  the 
County  where  said  offence  was  committed;  and  the  offences  afore- 
said may  be  prosecuted  by  indictment  before  said  Court — And  the 
penalties  aforesaid  shall  be  one  half  to  and  for  the  use  of  the 
County  where  the  offence  may  be  committed  and  the  other  half  to 
and  for  the  use  of  the  complainant. 

Sec  5.  And  be  it  further  enacted,  that  the  person  obtaining  said 
licence  shall  pay  to  the  Clerk  of  said  Court  for  all  his  fees  in  relation 
thereto  the  sum  of  one  dollar. 

Sec.  6.  And  be  it  further  enacted,  that  all  showmen,  tumblers, 
rope  dancers,  ventriloquists,  or  other  persons,  who  shall  for  pay, 
exhibit  any  animals,  wax  figures,  puppets,  or  any  extraordinary 
feats  of  agility  of  body  or  slight  of  hand,  rope-dancing,  or  perform- 
ing feats  with  cards,  within  any  town  within  this  State  shall  before 
any  such  exhibition  or  performance,  procure  from  the  Selectmen 
of  such  Town  a  licence  for  that  purpose,  which  licence  shall  specify 
the  number  of  days  or  number  of  times  such  person  or  persons  are 
allowed  to  perform  or  exhibit  in  said  Town. 

Sec.  7  And  be  it  further  enacted,  that  for  every  licence  granted 
as  aforesaid,  there  shall  be  paid  to  the  Selectmen  for  the  use  of  said 


LAWS   OF   NEW   HAMPSHIRE  41 

Town  by  the  person  or  persons  obtaining  the  same  a  sum  not  less 
than  three  dollars,  nor  more  than  thirty  dollars. 

Sec.  8.  And  be  it  further  enacted,  that  if  any  person  or  persons 
shall  exhibit  any  shows  or  perform  any  feats  without  licence  and 
contrary  to  the  provisions  of  the  sixth  and  seventh  sections  of  this 
act  he,  she,  or  they  shall,  for  every  such  offence,  upon  conviction 
thereof  forfeit  and  pay  a  sum  not  less  than  ten  dollars  nor  more 
than  thirty  dollars  with  costs  of  prosecution. 

Sec.  9.  And  be  it  further  enacted,  that  any  Justice  of  the  Peace 
on  complaint  made  to  him  of  any  such  offence  may  issue  his  warrant 
against  the  person  complained  against  and  order  him  to  recognize 
with  sufficient  surety  or  sureties  to  answer  the  complaint  aforesaid 
before  the  Justices  of  the  Superior  Court  next  to  be  held  in  the 
county  where  said  offence  was  committed. — And  said  offence  may 
be  prosecuted  by  indictment  before  said  Court — And  the  penalties 
aforesaid  shall  be  one  half  to  and  for  the  use  of  the  County  where 
the  offence  was  committed  and  the  other  half  to  and  for  the  use  of 
the  complainant. 

Sec.  10  And  be  it  further  enacted,  that  all  offences  against  this 
act,  shall  be  prosecuted  within  one  year  next  after  the  offence  shall 
have  been  committed. 

Sec.  ir  And  be  it  further  enacted,  that  nothing  herein  before 
mentioned  shall  extend  to  prevent  any  person  from  selling  or  ex- 
posing to  sale  any  articles  the  growth,  produce  or  manufacture  of 
the  United  States,  except  feathers,  distilled  spirits,  playing  cards, 
Lottery  tickets,  and  Jewelry. 


[CHAPTER  29.] 


State  oj  \ 

New  Hampshire.  \ 


An  act,  for  ceding  to  the   United   States  a  place  called 
sunken  rocks,  in  portsmouth  harbor. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  5;  recorded  Acts, 
vol.  22,  p.  69.  Session  Laws,  1821,  Chap.  33.  Laws,  1824  ed.,  p.  205;  id., 
1830  ed.,  p.  41.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  so  much  of  a  certain 
ledge  of  rocks  known  and  called  by  the  name  of  Sunken  rocks,  being 
below  low  water  mark  in  Portsmouth  Harbor,  as  shall  hereafter 
be  covered  by  a  pier  or  beacon,  at  the  expense  of  the  United  States, 
not  exceeding  one  hundred  feet  square,  be,  and  the  same  hereby 
is  ceded  and  vested  in  the  United  States,  with  all  the  jurisdiction 
thereof,  which  is  not  reserved  by  this  act. 


42  LAWS   OF   NEW  HAMPSHIRE 

Sec.  2.  Provided  nevertheless,  and  be  it  further  enacted,  that 
all  writs,  warrants,  executions,  and  all  other  processes  of  every  kind, 
both  civil  and  criminal,  issuing  under  the  authority  of  this  State,  or 
any  officer  thereof,  may  be  served  and  executed  on  any  part  of  said 
territory,  or  any  pier,  or  beacon,  or  building  which  may  be  erected 
thereon,  in  the  same  way  and  manner,  as  though  this  Act  had  not 
been  passed. 


[CHAPTER  30.] 


State  oj         2 
New  Hampshire.  \ 


An  Act,  to  incorporate  certain  persons  by  the  name  of  "The 
Pembroke  Sacred  music  Society. — 

[Approved  June  29,  1821.  Original  Acts,  vol.  zy,  p.  6;  recorded  Acts, 
vol.  22,  p.  70.] 

Whereas  Sacred  Music  is  a  religious  ordinance  of  divine  appoint- 
ment and  of  salutary  influence  upon  public  morals,  and  whereas 
an  association  of  counsel  and  of  talents  tends  to  bring  this  delightful 
part  of  the  worship  of  Jehovah  to  a  higher  state  of  improvement; 

Sec.  1.  Be  it  therefore  enacted,  by  the  Senate  and  House  of 
Representatives,  in  General  Court  convened,  that  Josiah  Kittredge, 
William  Bayley  William  Haseltine  their  associates,  and  such  as  may 
hereafter  become  members  of  said  society,  be  and  they  hereby  are 
made  a  corporation  by  the  name  of  the  Pembroke  Sacred  music 
society,  and  by  that  name  may  sue  and  be  sued,  defend  and  de- 
fended, and  be  known  and  distinguished  in  their  acts  and  pro- 
ceedings in  all  cases  whatever,  and  shall  be  and  hereby  are  vested 
with  all  such  powers  and  privileges  as  are  enjoyed  by  corporations 
of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  that  Josiah  Kittredge,  and 
William  Bayley  or  either  of  them  may  call  the  first  meeting  of  said 
society  at  any  suitable  time  and  place  in  said  Pembroke  by  posting 
up  a  notification  for  that  purpose  at  the  South  meeting  house  therein 
at  least  fifteen  days  prior  to  said  meeting,  at  which,  the  members 
thereof  shall  choose  a  Clerk  and  such  other  officers  as  they  may 
think  proper,  shall  agree  on  a  method  of  calling  further  meetings, 
and  the  time  of  their  annual  meeting,  and  at  the  same  or  any  sub- 
sequent stated  meeting,  may  establish  rules  and  by  laws  for  their 
regulation  and  government,  and  may  order  such  assessments,  as  they 
may  think  just  and  reasonable. 

Sec.  3.  And  be  it  further  enacted,  that  said  society  may  receive, 
hold  and  enjoy  by  gift,  grant  or  otherwise  personal  estate  to  any 


LAWS   OF   NEW   HAMPSHIRE  43 

amount  not  exceeding  one  thousand  dollars;  And  the  same  may  be 
appropriated  to  such  purposes  as  are  consistent  with  the  end  and 
design  of  the  institution  of  said  society  and  as  the  members  shall 
determine. 


[CHAPTER  31.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Union  Aqueduct  in  the  town  of  Portsmouth. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  7;  recorded  Acts, 
vol.  22,  p.  71.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Henry  Ladd,  Robert  Rice, 
John  Haven,  Alexander  Ladd,  John  Hill,  Isaac  Waldron,  and  their 
associates,  successors  and  assigns  be  and  they  are  hereby  incor- 
porated a  body  politic  and  corporate  by  the  name  of  the  Union 
Aqueduct  for  the  purpose  of  bringing  fresh  water  into  any  place 
or  places  in  the  town  of  Portsmouth  by  subterraneous  pipes  or 
tubes;  and  the  corporation  by  the  name  aforesaid  shall  be  capable 
of  holding  real  estate  to  the  amount  of  two  thousand  dollars,  with 
all  other  powers  and  privileges  and  subject  to  all  the  liabilities  in- 
cident to  corporations  of  a  similar  nature. 

Sect.  2.  And  be  it  further  enacted,  that  either  of  the  persons 
named  in  the  first  section  of  this  Act  may  call  the  first  meeting  of 
said  corporation  by  advertisement  in  some  newspaper  printed  in  the 
town  of  Portsmouth  giving  at  least  seven  days  notice  of  the  time  and 
place  of  such  meeting  and  the  corporation  by  a  vote  of  a  majority  of 
those  present  at  such  meeting  shall  choose  a  Clerk,  and  at  the  same 
or  any  subsequent  meeting,  may  elect  such  other  officers  and  make 
and  establish  all  such  by  laws,  rules  and  regulations  as  may  be 
deemed  necessary  for  the  government  of  said  corporation  and  for 
carrying  into  effect  the  objects  of  the  same;  provided  the  said  by 
laws,  rules  and  regulations  be  not  repugnant  to  the  constitution  and 
laws  of  this  State. 


44  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  32.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  disannex  a  part  of  the  town  of  Newington  and 
annex  the  same  to  the  town  of  portsmouth. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  8;  recorded  Acts, 
vol.  22,  p.  73.] 

Whereas  John  N.  Sherburne,  Benjamin  Millar  and  Charles  Hodg- 
don  have  petitioned  the  General  Court,  representing  the  incon- 
veniences to  which  they  are  subjected  as  inhabitants  of  Newington, 
and  praying  to  be  annexed  to  the  town  of  Portsmouth;  and  it  ap- 
pearing reasonable  that  their  request  be  granted: 

Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  several  lots  of  land  owned  by  the 
said  John  N.  Sherburne,  Benjamin  Millar  and  Charles  Hodgdon, 
situate  on  the  easterly  and  westerly  sides  of  the  road  leading  from 
Portsmouth  to  Piscataqua  bridge,  containing  in  all  about  eighty 
acres,  bounded  on  the  north  by  lands  of  Richard  Pickering  and 
the  heirs  of  Samuel  Thompson,  on  the  east  by  Robert  Ham,  on  the 
south  by  said  Ham  and  Dennet's  lane,  so  called,  and  on  the  west  by 
Samuel  Elliot's  land,  with  all  the  inhabitants  living  on  said  lots  of 
land,  now  constituting  a  part  of  the  town  of  Newington,  be,  and  the 
same  hereby  are  disannexed  from  said  town  of  Newington  and 
annexed  to  the  town  of  Portsmouth,  and  that  said  lots  of  land  and 
inhabitants  thereon  be  considered  and  hereafter  made  to  constitute 
a  part  of  said  town  of  Portsmouth:  Provided  however  that  this  act 
shall  not  be  considered  as  exempting  said  lots  of  land  and  inhabi- 
tants from  the  payment  of  all  or  any  such  taxes  as  have  been  le- 
gally assessed  upon  them  by  said  town  of  Newington. 


[CHAPTER  33.] 


State  of  ) 

New  Hampshire.  \ 


AN    ACT,    TO    INCORPORATE    GlDEON    WALKER    AND    OTHERS    BY    THE 
NAME   OF   THE   PORTSMOUTH   MILL   COMPANY, 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  9;  recorded  Acts, 
vol.  22,  p.  74.] 

Whereas  Gideon  Walker  and  the  persons  herein  after  named,  have 
associated  for  the  purpose  of  improving  the  water  privilege  on  the 
North  mill  pond  in  said  Portsmouth,  and  whereas  the  said  Gideon 


LAWS  OF  NEW  HAMPSHIRE  45 

Walker  hath  already  erected  divers  mills  and  machines  on  said  water 
privilege,  at  great  pains  and  expense,  which  he  is  willing  to  convey- 
to  said  association;  and  whereas  the  object  of  said  association  is  of 
public  utility,  as  well  as  of  great  advantage  to  those  more  immedi- 
ately concerned  therein,  and  ought  therefore  to  be  encouraged; 
Therefore, 

Sec.  i.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Gideon  Walker,  Mark  Leigh- 
ton,  Ephraim  Dennett  with  their  associates  and  such  other  persons 
as  shall  from  time  to  time  be  admitted  members  of  said  association, 
according  to  the  rules  which  may  be  established  by  the  by-laws  of 
the  corporation,  be  and  they  are  hereby  created  a  body  politic  and 
corporate  by  the  name  of  the  Portsmouth  Mill  Company,  for  the 
purpose  of  erecting  continuing  and  managing  in  their  corporate 
capacity  within  the  said  town  of  Portsmouth  all  such  mills  and 
machines  as  are  moved  by  water  power,  and  also  for  the  purpose 
of  buying,  selling  and  manufacturing  grain  and  wool,  and  other 
materials  necessary  for  the  use  and  employment  of  their  said 
mills — with  all  the  powers,  privileges  and  liabilities  incident  to  cor- 
porations of  this  nature.  And  the  said  Corporation  may  hold,  pos- 
sess and  enjoy,  and  use  and  employ  for  the  purposes  aforesaid,  real 
and  personal  estate  not  exceeding  the  sum  of  thirty  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  that  the  said  Corporation 
shall  have  full  power  and  authority  to  determine  at  what  times  and 
places  their  meetings  shall  be  holden,  and  on  the  manner  of  notifying 
the  members  to  convene  at  said  meetings,  and  they  shall  have  power 
to  elect  from  among  the  Proprietors  such  officers  with  such  powers 
as  they  shall  judge  expedient,  And  also  further  to  ordain  and  enact 
any  by  laws  for  the  due  government  of  the  said  corporation  and 
the  management  of  its  affairs;  provided  the  same  be  not  repugnant 
to  the  constitution  and  laws  of  this  State. 

Sec.  3.  And  be  it  further  enacted,  that  the  payment  of  all  as- 
sessments and  fines  duly  levied  by  the  members  of  said  corporation 
agreeably  to  the  by  laws  thereof  may  be  enforced  either  by  action 
at  law  or  by  sale  of  the  delinquent's  share  or  shares  and  his  conse- 
quent exclusion  from  the  corporation  as  shall  be  pointed  out  by  the 
by  laws 

Sec  4.  And  be  it  further  enacted,  that  the  said  Gideon  Walker 
shall  call  the  first  meeting  of  this  Corporation  by  giving  notice 
thereof  by  advertisement  in  one  of  the  Newspapers  printed  in  said 
Portsmouth. 

Sec  5.  And  be  it  further  enacted,  that  this  act  shall  continue  in 
force  thirty  years  from  the  passing  of  the  same. 


46  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  34.] 

State  oj  I 

New  Hampshire.  ) 

An  act,  to  incorporate  the  Dublin  musical  society. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  10;  recorded  Acts, 
vol.  22,  p.  76.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Samuel  Fisher,  Cyrus 
Mason,  Nahum  Warren,  Franklin  Wait,  John  Morse  2nd,  Joseph 
Richardson,  Jeremiah  Greenwood,  Joshua  Greenwood,  Samuel  Alli- 
son and  David  Townsend,  and  their  associates  and  successors  be 
and  they  are  hereby  created  and  made  a  body  corporate  and  politic 
forever,  by  the  name  of  the  Dublin  musical  society,  and  by  that 
name  may  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended  to  final  judgment  and  execution;  and  may  make,  have  and 
use  a  common  seal,  and  the  same  may  alter  and  renew  at  pleasure — 
And  may  have  and  possess  all  the  rights,  privileges  and  immunities 
incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  Samuel  Fisher,  Cyrus 
Mason,  and  Nahum  Warren  or  either  two  of  them  are  hereby 
authorized  to  call  the  first  meeting  of  said  Corporation  by  giving 
three  weeks  notice  thereof  in  writing  to  be  posted  up  in  one  or 
more  public  places  in  said  Dublin,  at  which  meeting  the  said  cor- 
poration may  make  such  rules  and  enact  such  by  laws  as  they  shall 
think  proper;  provided  such  rules  and  by  laws  be  not  repugnant 
to  the  constitution  and  laws  of  this  State. 


[CHAPTER  35.] 


State  oj  ) 

New  Hampshire.  ( 


An  act,  to  enforce  the  payment  of  bills  and  notes  issued  by 
banking  companies. — 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  11;  recorded  Acts, 
vol.  22.  p.  77.  Session  Laws,  1821,  Chap.  34.  Laws,  1824  ed.,  p.  no;  id., 
1830  ed..  p.  133.  See  act  of  July  5,  1837,  Session  Laws,  1837,  Chap.  321. 
Repealed  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  if  any  Banking  company,  in- 
corporated by  the  authority  of  this  State,  shall  neglect  or  refuse  to 
pay  any  bill  or  note  made  and  issued  by  such  banking  company, 
when  duly  demanded,  the  holder  of  such  bill  or  note  shall  be  entitled 


LAWS   OF   NEW   HAMPSHIRE  47 

to  and  allowed  interest  thereon  at  the  rate  of  two  per  centum,  for 
each  month,  to  be  computed  from  the  time  of  such  demand. 

Sec.  2.  And  be  it  further  enacted,  that  the  several  banking  cor- 
porations in  this  State,  shall  be  liable  to  pay  to  any  bona  fide  holder 
the  original  amount  of  any  note  or  notes  of  said  Banks  altered  in 
the  course  of  their  circulation  to  a  larger  amount,  notwithstanding 
such  alteration. 

Sec  3.  And  be  it  further  enacted,  that  all  committees  appointed 
by  the  Legislature  for  the  purpose  of  examining  into  the  state  and 
condition  of  any  banking  corporation  in  this  state,  shall  be  paid  a 
reasonable  compensation  therefor  by  said  Corporation. 


[CHAPTER  36.] 


State  of  \ 

New  Hampshire.  \ 


An  Act,  requiring  certain  persons  to  account  to  the  Adju- 
tant General  and  vesting  certain  powers  in  that  officer. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  12;  recorded  Acts, 
vol.  22,  p.  78.  Session  Laws,  1821,  Chap.  30.  Laws,  1824  ed.,  p.  88.  See 
acts  of  December  22,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  955;  June  27, 
1821,  ante,  p.  23;  July  2,  1822,  July  3,  1822,  and  July  12,  1824,  post.  Re- 
pealed by  act  of  January  2,  1829,  post.] 

Sec.  1.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  where  Colonels  of  Regiments 
or  any  other  person  or  persons  have  received  from  the  late  Adjutant 
General  of  this  State,  any  money  appropriated  for  music  money  or 
for  the  annual  allowance  of  Artillery  Companies  and  have  neglected 
to  pay  over  the  same  to  the  Captains  or  commanding  officers  of  the 
several  companies  for  whom  such  money  was  intended;  or  where 
any  person  or  persons  have  received  from  this  State  any  money  ap- 
propriated for  building  gunhouses  and  have  not  applied  the  same 
to  that  purpose,  every  such  person  or  persons  shall  account  for  the 
money,  so  by  them  received,  to  the  present  Adjutant  General  of  this 
State  and  shall  pay  over  the  same  to  him. 

Sec.  2.  Be  it  further  enacted,  that  the  Adjutant  General  be  and 
he  hereby  is  authorized,  empowered  and  directed  to  require  of  all 
persons  who  have  received  money  as  aforesaid,  to  render  an  account 
to  him  of  the  same;  and  in  case  the  said  money  be  not  paid  over  to 
the  captains  or  commanding  officers  of  Companies  before  the  pass- 
ing of  this  act,  to  require  every  such  person  or  persons  to  pay  the 
same  to  him. 

Sec.  3.  Be  it  further  enacted,  that  if  any  person  or  persons  shall 
neglect  or  refuse  to  pay  over  to  the  Adjutant  General  any  money 
received  by  them  as  aforesaid  and  remaining  in  their  hands,  the  said 
Adjutant  General  is  hereby  authorized  and  empowered  to  sue  for 


48  LAWS   OF   NEW   HAMPSHIRE 

and  recover  the  same  with  costs,  in  an  action  for  money  had  and 
received  in  the  name  of  this  State. — And  the  defendant  shall  be  held 
to  show  that  he  has  paid  over  the  money  so  by  him  received  to  the 
several  Captains  or  Commanding  officers  of  Companies  for  whom 
it  was  intended,  or  has  appropriated  the  money  to  the  purpose  for 
which  it  was  intended. 

Sec.  4.  Be  it  further  enacted,  that  it  shall  be  the  duty  of  the 
late  Adjutant  General  to  deliver  to  the  present  Adjutant  General  all 
receipts  and  vouchers  which  he  has  taken  of  any  person  or  persons 
for  the  money  aforesaid;  and  also  all  books,  maps,  charts  and  other 
papers  belonging  to  the  Adjutant  General's  office — 

Sec.  5.  Be  it  further  enacted,  that  where  any  officer  or  officers, 
person  or  persons  have  heretofore  received  from  this  State  any  mil- 
itary books,  papers  or  other  property,  and  on  resigning  their  com- 
missions have  retained  the  same,  every  such  person  or  persons  shall 
account  for  and  deliver  the  same  to  the  Adjutant  General  or  his 
order. — And  the  Adjutant  General  is  hereby  authorized  and  empow- 
ered to  sue  for  and  recover  all  such  books,  papers  and  property  in 
an  action  in  the  name  of  this  State. 

Sec.  6.  Be  it  further  enacted,  that  the  Adjutant  General  be  and 
he  hereby  is  authorized  and  empowered  to  examine  into  any  and 
all  cases  of  omission  or  neglect  to  make  the  returns  required  by 
the  militia  law  of  December  last  and  to  report  a  statement  of  facts 
to  the  commander  in  Chief;  And  if,  in  the  opinion  of  the  com- 
mander in  Chief,  said  omissions  or  neglect  arose  from  circumstances 
which  ought  to  excuse  the  person  or  persons  so  omitting  or  neglect- 
ing from  paying  said  fines  and  penalties  he  may  direct  the  Adjutant 
General  to  omit  to  prosecute  or  suspend  indefinitely  any  prosecution 
or  prosecutions  which  may  have  been  commenced. 

Sec.  7.  Be  it  further  enacted,  that  the  Adjutant  General  shall 
account  to  the  State  for  all  monies  and  fines  by  him  received  under 
this  Act. 


[CHAPTER  37.] 

State  of  ) 

New  Hampshire.  \ 

An  act  in  addition  to  an  act,  ENTITLED  aAN  act  to  incorporate 
certain  persons  by  the  name  of  the  proprietors  of  the 
"Washington  Library." 

[Approved  June  29,  1821.  Original  Acts.  vol.  27,  p.  13;  recorded  Acts, 
vol.  22.  n.  81.  The  act  referred  to  is  dated  June  16,  i8n.  Laws  of  New 
Hampshire,  vol.  8,  p.  224.     See  additional  act  of  June  27,  1822,  post.] 

Sec  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  That  all  that  part  of  the  third 


LAWS  OF   NEW  HAMPSHIRE  49 

section  of  the  aforesaid  act  which  is  in  the  following  words,  to  wit. 
"which  stock  shall  in  nowise  be  raised  by  assessment,  but  by  volun- 
tary contribution,  which,  agreeable  to  the  petition  of  the  proprietors 
shall  not  be  transferable,  or  descend  to  the  heirs  of  the  proprietors, 
but  constitute  a  permanent  fund  of  information  for  those  who  are  or 
may  become  associates  and  proprietors  in  the  same — "  and  the 
whole  of  the  fourth  section  of  said  act,  be,  and  the  same  is  hereby 
repealed. 

Sec.  2.  And  be  it  further  enacted,  That  the  proprietors  of  said 
Library,  at  any  annual  meeting,  may  divide  their  joint  stock  into 
any  number  of  shares,  not  exceeding  fifty,  and  may  issue  certificates 
to  the  holders  thereof,  numbered  in  progressive  order,  beginning 
with  number  one,  and  signed  by  the  Librarian,  and  may  agree  on 
the  manner  of  transferring  them — All  elections  and  other  questions 
may  be  determined  by  a  majority  of  votes,  accounting  and  allowing 
one  vote  to  each  share;  and  absent  proprietors  may  vote  by  proxy, 
being  authorized  thereto  in  writing  signed  by  the  person  represented 
and  filed  with  the  Librarian. 

Sec.  3.  And  be  it  further  enacted,  That  said  proprietors  may  at 
any  annual  meeting,  but  at  no  other  time,  assess  such  sum  as  they 
may  deem  proper,  not  exceeding  one  dollar  on  each  share;  may  fix 
the  time  of  its  payment,  ai?d  may  collect  and  apply  the  same  to 
promote  the  beneficial  purpose^  mtended  by  the  act  to  which  this  is 
in  addition;  and  in  case  of  the  non-payment  of  such  assessment 
for  the  space  of  thirty  days  after  the  same  shall  have  become  due 
and  payable,  may  deprive  the  owner  of  such  delinquent  share  or 
shares  of  the  privilege  of  said  Library  until  the  same  shall  have 
been  paid. 


[CHAPTER  38.] 


State  of  ) 

New  Hampshire.  \ 


An  act,  to  change  the  names  of  the  persons  therein  men- 
tioned. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  14;  recorded  Acts, 
vol.  22,  p.  82.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  William  Cotton  of  Wolf- 
borough  shall  be  allowed  to  take  the  name  of  William  Weston;  that 
Robert  Nelson,  Junior,  of  Lyman  may  take  the  name  of  Robert 
Gray  Nelson;  that  Joseph  Neele  of  Tamworth  may  take  the  name 
of  John  Paine;  that  Samuel  Leathers  of  Bethlehem  may  take  the 
name  of  Samuel  Leighton;  that  Squire  Willey  of  Swanzey,  may  take 
the  name  of  George  Willey;  that  Charles  Heald,  the  adopted  child 


50  LAWS   OF   NEW   HAMPSHIRE 

of  Moses  Dodge  of  Peterborough,  may  take  the  name  of  Charles 
Dodge;  that  James  Lamper  of  Barnstead,  may  take  the  name  of 
James  Bunker,  and  that  Mary  Ann  Lamper,  daughter  of  said  James, 
may  take  the  name  of  Mary  Ann  Bunker. 

Sec.  2.  And  be  it  further  enacted,  that  from  and  after  the  pass- 
ing of  this  act,  the  several  persons  herein  before  named  shall  be 
known  and  called  by  the  names,  which,  by  this  act,  they  are  respec- 
tively allowed  to  take  and  assume  as  aforesaid :  And  that  said  names 
shall  forever  hereafter  be  considered  as  their  only  proper  and  legal 
names  to  all  intents  and  purposes. 


[CHAPTER  39.] 

State  oj  } 

New  Hampshire.  \ 

An  Act  to  alter  the  name  of  the  Pembroke  Cotton  and  Wool- 
len Factory 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  15;  recorded  Acts, 
vol.  22,  p.  83.  See  act  of  incorporation  dated  June  19,  1810,  Laws  of  New 
Hampshire,  vol.  7,  p.  882.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened — 

That  the  Corporation  called  and  known  by  the  name  of  the  Pem- 
broke Cotton  &  Woollen  Factory  shall  from  and  after  the  passing 
of  this  Act,  be  called  and  known  by  the  name  of  the  Suncook  Cotton 
&  Woollen  Factory  in  all  judicial  and  other  proceedings  and  by  no 
other  name. 


[CHAPTER  40.] 


State  of 
New  Hampshire. 


An  act,  to  exempt  from  taxation  certain  estate  at  Little's 
falls  for  a  term  of  years. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  16;  recorded  Acts, 
vol.  22,  p.  84.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  any  mill  or  mills  which  shall 
be  erected  near  Little's  falls,  so  called,  on  Pemigewasset  river  to  op- 
erate by  the  waters  of  said — river  together  with  the  mill  sites,  water 
privileges,  machinery,  gear  and  furniture  affixed  or  appertaining  to 
said  mills,  whether  the  same  be  real  or  personal  property,  be  and 
they  are  hereby  exempted  from  taxation  for  and  during  the  term  of 


LAWS   OF   NEW   HAMPSHIRE  51 

five  years  from  and  after  the  same  shall  have  been  in  operation — 
But  this  act  shall  not  exempt  from  taxation  any  stock  or  articles 
manufactured  at  said  mills. 

Sec.  2.  Be  it  further  enacted,  that  the  Town  where  mills  are  to 
be  built,  on  any  of  the  mill  sites  aforesaid,  may,  by  vote  at  a  legal 
meeting  duly  notified  for  the  purpose,  exempt  from  taxation,  such 
mills,  mill  sites,  water  privileges,  machinery,  gear  and  furniture,  for 
a  further  term  not  exceeding  fifteen  years  on  such  conditions  as  may 
be  stipulated. 

[CHAPTER  41.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Hillsborough  Academy. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  17;  recorded  Acts, 
vol.  22,  p.  85.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Benjamin  Pierce,  John 
McNeil  Junior,  John  Burnham,  and  their  associates  and  successors 
be  and  they  hereby  are  incorporated  and  made  a  body  politic  under 
the  name  of  the  Hillsborough  Academy,  and  by  that  name  may  sue, 
and  prosecute,  and  be  sued  and  prosecuted  to  final  judgement  and 
execution,  and  shall  have  and  enjoy  all  the  powers  and  privileges, 
which  by  law  are  incident  to  corporations  of  a  similar  nature. 

Section  2'1,  And  be  it  further  enacted,  that  the  said  Corporation 
may  establish  an  Academy  in  Hillsborough  for  the  instruction  and 
education  of  youth,  and  erect  and  maintain  suitable  buildings  there- 
for, and  may  purchase  and  receive  by  donation,  and  hold  personal 
and  real  estate  of  any  kind  not  exceeding  ten  thousand  dollars  in 
value 

Section  3d  And  be  it  further  enacted,  that  the  Corporation  at 
any  meeting  duly  holden,  may  make  such  rules,  regulations  and 
bye  laws,  for  the  management  of  the  interests  and  concerns  of  said 
Institution,  and  appoint  such  and  so  many  officers  as  they  shall 
think  proper,  and  prescribe  their  powers  and  duties,  provided  said 
rules  &  regulations  are  not  repugnant  to  the  Laws  and  Constitution 
of  this  State. 

Section  4th  And  be  it  further  enacted,  that  the  said  Benjamin 
Pierce  shall  by  an  advertisement  published  in  the  Hillsborough  Tel- 
egraph printed  at  Amherst  call  the  first  meeting  to  be  holden  at  a 
suitable  time,  and  place  in  said  Town  of  Hillsborough,  when  the 
manner  of  holding  future  meetings  may  be  regulated,  and  any  busi- 
ness relating  to  said  Corporation  transacted. 


52  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  42.] 

State  oj  I 

New  Hampshire.  \ 

An  act,  in  addition  to  an  act,  entitled  "an  act  for  the  main- 
tenance OF  BASTARD  CHILDREN"  PASSED  FEBRUARY  II.  1791. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  18;  recorded  Acts, 
vol.  22,  p.  86.  Session  Laws,  1821,  Chap.  32.  Laws,  1824  ed.,  p.  115.  The 
act  referred  to  is  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  666.  See 
act  of  June  30,  1821,  post.    Repealed  by  act  of  June  28,  1827,  post.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  no  release  or  discharge  given 
by  the  mother  to  the  reputed  father  of  any  illegitimate  child,  touch- 
ing the  cause  of  any  prosecution  under  the  act,  to  which  this  is  in 
addition,  and  no  agreement,  compromise  or  settlement  of  said  prose- 
cution, made  by  and  between  the  said  father  and  mother  of  said 
child  without  the  consent,  given  in  writing,  signed  by  the  Select- 
men or  Overseers  of  the  poor,  or  the  major  part  of  them,  of  the 
town  by  law  chargeable  with  the  maintenance  of  said  child,  shall 
be  of  any  avail  to  discharge,  defeat  or  in  any  way  affect  said  prose- 
cution 

[CHAPTER  43.] 

State  of         ') 
New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  "The 
proprietors  of  the  central  bridge  in  conway." 

[Approved  June  29,  1821.  Original  Acts,  vol.  27.  p.  iq;  recorded  Acts, 
vol.  22,  p.  87.  Session  Laws,  1821,  Chap.  37.  See  act  of  December  16,  1808, 
Laws  of  New  Hampshire,  vol.  7,  p.  725.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Thomas  F.  Odell,  Zara 
Cutler,  Benjamin  Osgood  and  their  associates,  and  those  that  may 
hereafter  become  associates  in  the  said  bridge,  their  successors  and 
assigns,  shall  be  and  hereby  are  created  and  made  a  corporation 
and  body  politick  by  the  name  of  "The  Proprietors  of  the  Central 
Bridge  in  Conway,"  for  and  during  the  term  of  twenty  vears  from 
the  first  day  of  July  1821,  and  by  that  name  shall  be  and  hereby  are 
made  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended  to  final  judgment  and  execution,  and  may 
have  and  use  a  common  seal,  and  the  same  may  alter  at  pleasure. 


LAWS  OF   NEW  HAMPSHIRE  53 

Sec.  2.  And  be  it  further  enacted,  that  the  said  Corporation  may 
erect  and  maintain  a  bridge  across  Saco  river  in  said  Conway  at  any 
place  within  a  half  mile  above  or  below  Odell's  falls,  so  called,  and 
may  purchase  and  hold  lands  near  said  Bridge,  sufficient  for  the 
building  a  Toll  house,  and  such  other  buildings  as  shall  by  the  said 
Corporation  be  considered  necessary  for  the  purposes  of  this  act. 

Sec.  3.  And  be  it  further  enacted,  that  either  two  of  the  above 
named  proprietors  may  call  the  first  meeting  of  said  Corporation  to 
be  holden  at  Conway  in  the  county  of  Strafford  at  any  suitable  time 
and  place  by  posting  up  at  two  public  places  in  said  Conway  notifica- 
tions by  them  signed  thirty  days  before  such  meeting — And  at  said 
meeting  the  proprietors  by  a  majority  of  those  present  may  choose 
a  Clerk,  who  shall  be  sworn  faithfully  to  discharge  his  duty, — and 
at  the  same  or  any  subsequent  meeting  may  choose  such  other  offi- 
cers as  they  may  deem  expedient,  and  may  establish  such  By-Laws, 
rules  and  regulations  as  shall  be  thought  necessary  for  regulating 
and  governing  said  Corporation  and  for  completing  the  purposes 
of  this  act.  Provided  said  By  Laws,  be  not  repugnant  to  the  Con- 
stitution and  Laws  of  this  state. 

Sect.  4.  And  be  it  further  enacted,  that  at  all  meetings  of  said 
Corporation  all  questions  shall  be  determined  by  a  majority  of 
the  votes  of  the  proprietors  present  or  represented,  allowing  one 
vote  for  each  share — And  all  representations  at  any  meeting  of  said 
corporation  shall  be  proved  in  writing  signed  by  the  person  to  be 
represented  which  shall  be  filed  by  the  Clerk;  And  this  Act,  and  all 
By  Laws,  rules,  regulations  and  proceedings  of  said  Corporation 
shall  be  fairly  recorded  by  the  Clerk  in  a  book  or  books  to  be  kept 
for  that  purpose. 

Sec.  5.  And  be  it  further  enacted,  that  the  mode  of  conveyance 
of  shares  or  interest  in  said  Corporation  shall  be  by  deed  duly  ex- 
ecuted and  acknowledged,  and  recorded  by  the  Clerk  in  the  books 
of  said  Corporation,  and  the  fees  to  be  paid  to  the  Clerk  for  this 
service  shall  be  the  same  as  are  established  by  law  for  the  Registers 
of  deeds  in  this  State. 

Sec.  6.  And  be  it  further  enacted,  that  when  any  tax  or  assess- 
ment may  be  made  on  the  shares  of  the  proprietors,  for  the  carrying 
into  effect  the  purposes  of  this  act,  the  share  or  shares  of  delinquent 
proprietors  may  be  sold  at  public  auction,  and  if  any  overplus  re- 
main after  paying  the  tax  or  assessment  on  such  shares  and  charges, 
it  shall  be  deposited  with  the  clerk  or  treasurer  of  said  Corporation 
to  be  delivered  to  the  proprietor  whose  share  or  shares  may  have 
been  sold,  or  to  his  Agent  duly  authorized  to  receive  the  same. 

Sect.  7.  And  be  it  further  enacted,  that  said  Corporation  may 
demand  and  recover  the  following  toll  of  every  person  travelling  on 
said  Bridge,  according  to  the  rates  following;  viz.  for  each  foot 
passenger  one  cent;  for  each  horse  and  rider  four  cents;  for  every 
chaise  chair,  sulkey  or  other  two  wheeled  carriage  of  pleasure  drawn 


54  LAWS   OF   NEW   HAMPSHIRE 

by  one  horse  eight  cents;  for  each  additional  horse  three  cents;  for 
every  chariot  phaeton  or  other  four  wheeled  carriage  of  pleasure 
fifteen  cents;  and  for  each  additional  horse  three  cents;  for  every 
sleigh  drawn  by  one  horse  four  cents;  for  each  sleigh  drawn  by  more 
than  one  horse  two  cents,  and  for  each  additional  horse  two  cents; 
for  each  carriage  of  burthen  drawn  by  one  beast  four  cents;  and 
two  cents  for  each  additional  beast;  for  each  horse  or  neat  creature 
othan  than  those  rode  on,  or  in  carriages  one  cent;  for  each  sheep 
or  swine  one  fourth  of  a  cent — And  to  each  team  one  person  only 
shall  be  allowed  to  pass  free  of  toll;  and  at  all  times  when  the  toll- 
gatherer  does  not  attend  his  duty,  the  gate  shall  be  left  open. 

Sect.  8.  And  be  it  further  enacted,  that  said  corporation  shall 
be  answerable  for  all  damages  sustained  through  insufficiency  or 
want  of  repair  in  said  Bridge  and  may  be  indicted  and  fined  as 
Towns  are  by  law  for  suffering  Bridges  to  be  out  of  repair. 

Provided,  that  if  said  Bridge  shall  not  be  completed  within  four 
years  from  and  after  passing  this  act  every  section  and  clause  of 
the  same  shall  be  null  and  void. 


[CHAPTER  44.] 


State  of  I 

New  Hampshire.  \ 


An  act  regulating  the  fees  of  witnesses  in  prosecutions 
against  towns  for  neglect  in  making  or  repairing  high- 
ways and  bridges. 

[Approved  June  29,  1821.  Original  Acts,  vol.  27,  p.  20;  recorded  Acts, 
vol.  22,  p.  90.     Session  Laws,  1821,  Chap.  36.     Laws,  1824  ed.,  p.  101.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened,  that  no  fees  shall  be  taxed  for  witnesses 
in  prosecutions  against  a  town  for  neglect  in  making  or  repairing 
highways  or  bridges  hereafter  to  be  instituted,  unless  such  witness 
shall  have  attended  as  a  witness  in  such  prosecution,  for  which  he 
claims  fees,  by  direction  of  the  Attorney  General,  or  Solicitor  of  the 
County  where  the  prosecution  may  be. 


LAWS  OF   NEW   HAMPSHIRE  55 

[CHAPTER  45.] 

State  of  I 

New  Hampshire.  \ 

An  act  for  apprehending  offenders  in  any  County- 

[Approved  June  30,  1821.  Original  Acts,  vol.  27,  p.  21;  recorded  Acts, 
vol.  22,  p.  91.  Session  Laws,  1821,  Chap.  49.  Laws,  1824  ed.,  p.  115;  id., 
1830  ed.,  p.  156.  See  act  of  June  29,  1821,  ante,  p.  52.  Repealed  December 
23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  whenever  a  warrant  against  any  per- 
son shall  be  duly  issued  by  a  Justice  of  the  peace  within  this  State, 
for  any  supposed  offence,  committed  within  his  county,  or  in  pur- 
suance of  the  provisions  of  law  for  the  maintenance  of  bastard  chil- 
dren, and  the  person  complained  of  shall  either  before  or  after  the 
issuing  of  such  warrant  escape  or  go  out  of  the  said  County,  the 
Sheriff,  or  any  deputy  Sheriff  thereof,  or  the  constable  of  any  town 
to  whom  the  said  warrant  shall  be  directed,  shall  have  power  and 
authority  to  pursue  the  person  complained  of,  and  to  apprehend  him 
in  any  county  in  this  State,  and  him  carry  before  some  Justice  of 
the  peace  within  the  county  in  which  he  shall  be  so  apprehended  for 
examination;  and  if  it  shall  appear  to  said  Justice,  that  the  said 
warrant  was  duly  issued  and  that  such  offender  had  escaped  as 
aforesaid,  he  shall  send,  by  warrant  directed  to  such  sheriff,  deputy 
sheriff,  or  constable,  such  offender  into  the  county  in  which  the  war- 
rant issued,  that  such  proceedings  may  there  be  had,  as  the  law  shall 
require. 

[CHAPTER  46.] 

State  of  I 

New  Hampshire.  \ 

An  act  empowering  the  Selectmen  and   Firewards   of   the 
town   of   Portsmouth   to  appoint  additional  fire   engine 

MEN. 

[Approved  June  30,  1821.  Original  Acts,  vol.  27,  p.  22;  recorded  Acts, 
vol.  22,  p.  92.  Session  Laws,  182 1,  Chap.  52.  Laws,  1824  ed.,  p.  85.  See 
act  of  June  23,  1814,  Laws  of  New  Hampshire,  vol.  8,  p.  353.  Repealed 
December  16,  1828,  post.'] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  Selectmen  and  Firewards 
of  the  Town  of  Portsmouth  be  and  they  hereby  are  authorized  and 
empowered  to  appoint'an  additional  number  of  fire  engine  men  to 
such  engines  in  said  town  as  in  their  opinion  require  a  greater  num- 


56  LAWS   OF    NEW   HAMPSHIRE 

ber  of  men  than  eighteen  to  work  them,  not  exceeding  six  additional 
men  to  each  such  engine — and  a  certificate  signed  by  a  majority 
of  the  said  Selectmen  and  Firewards  shall  exempt  the  persons  so 
appointed  from  military  duty  in  the  same  way  and  manner  as  is 
provided  in  the  fifth  section  of  the  militia  law  of  December  A.D. 
1820. 


[CHAPTER  47.] 

State  of  I 

Neiv  Hampshire.  \ 

An  Act  to  incorporate  the  members  of  the  Franklin  Liter- 
ary Society,  in  Northfield. 

[Approved  June  30,  1821.  Original  Acts,  vol.  27,  p.  23;  recorded  Acts, 
vol.  22,  p.  93.  By  act  of  July  2,  1823,  post,  the  name  of  this  society  was 
changed  to  Franklin  Literary  Society  of  Sanbornton  Academy.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  That  Obadiah  Elkins  Dur- 
gin,  James  B.  Abbott,  Thederick  T.  Orne,  John  P.  Tilton,  their 
associates  and  successors,  be,  and  they  are  hereby  incorporated  by 
the  name  of  the  Franklin  Literary  Society;  in  Northfield  and  by 
that  name  may  sue  and  be  sued,  and  be  known  and  distinguished  in 
all  their  acts  and  proceedings;  and  hereby  are  vested  with  the 
powers  and  privileges  which  similar  associations  are  entitled  to 
possess  and  enjoy. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Obadiah  E. 
Durgin  may  call  the  first  meeting  of  said  Society  at  any  suitable  time 
and  place  by  giving  to  the  members  thereof  at  least  ten  days'  per- 
sonal notice,  or  by  notification  posted  in  Northfield  and  Sandborn- 
ton  at  the  places  most  likely  to  give  information  to  all  concerned  at 
least  fifteen  days  before  said  meeting:  at  which  the  members  of  said 
Society  shall  choose  a  Librarian,  and  agree  on  the  manner  of  calling 
future  meetings  and  the  time  of  holding  their  annual  meetings:  and 
at  the  same  or  at  any  subsequent  meeting  may  choose  all  necessary 
officers;  pass  by-laws;  order  assessments;  fix  the  time  of  payment 
and  prescribe  the  manner  of  collecting  them,  and  do  and  transact 
any  business  in  relation  to  and  for  the  promotion  of  the  beneficial 
purposes  contemplated  by  this  association. 

Sec.  3.  And  be  it  further  enacted,  That  said  Society  may  receive 
and  hold  by  purchase,  gift,  or  otherwise,  personal  estate  to  any 
amount,  not  exceeding  one  thousand  dollars;  and  the  same  may 
expend  in  procuring  books,  maps,  and  whatever  else  may  promote 
the  advancement  of  science  and  literature,  and  tend  to  the  diffusion 
of  useful  knowlege  among  the  members  thereof. 


LAWS  OF   NEW  HAMPSHIRE  57 

[CHAPTER  48.] 


State  of  I 

New  Hampshire.  \ 


An  act,  to  prevent  the  destruction  of  beavers,  minks  musk 


RATS,  AND  OTTERS. 


[Approved  June  30,  1821.  Original  Acts,  vol.  27,  p.  24;  recorded  Acts, 
vol.  22,  p.  95.  Session  Laws,  1821,  Chap.  50.  Laws,  1824  ed.,  p.  126;  id., 
1830  ed.,  p.  330.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Whereas  the  fur  of  the  beaver,  mink,  muskrat  and  otter  is  of  great 
value  in  the  manufacture  of  hats  and  for  shipping  when  taken  in 
the  winter  and  early  in  the  spring;  and  whereas  many  of  these  val- 
uable animals  are  taken  and  destroyed  in  the  summer  and  fall 
season,  when  their  fur  is  unfit  for  hatting,  and  of  little  value  for  the 
purpose  of  shipping — Therefore, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  any  person  or  persons  who 
shall,  at  any  time  between  the  thirtieth  day  of  May  and  the  first  day 
of  November,  in  any  year  after  the  passing  of  this  Act,  by  shoot- 
ing trapping  or  otherwise,  kill  or  destroy  any  beaver,  mink,  musk- 
rat  or  otter  shall  forfeit  and  pay  for  every  mink  or  muskrat  so 
killed  or  destroyed  within  the  time  aforesaid  one  dollar,  and  for 
every  otter  or  beaver  the  sum  of  five  dollars;  to  be  recovered  with 
costs  of  suit  before  any  justice  of  the  Peace  for  the  County  wherein 
the  offence  was  committed  by  any  person  who  will  sue  therefor; 
And  the  forfeiture  so  recovered  shall  be  for  the  use  of  the  person 
suing  for  the  same.  And  any  trap  that  may  be  found  set  within 
the  time  aforesaid  for  the  purpose  of  catching  any  of  said  Animals 
shall  be  forfeited  to  the  person  finding  it — 

Sec.  2.  And  be  it  further  enacted,  that  this  Act  shall  take  effect 
from  and  after  the  first  day  of  September  next. 


[CHAPTER   49.] 


State  of  ) 

New  Hampshire.  \ 


An  Act,  for  the  relief  of  persons  imprisoned  for  neglect  of 
Military  duty. 

[Approved  June  30,  1821.  Original  Acts,  vol.  27,  p.  25:  recorded  Acts, 
vol.  22,  p.  96.  Session  Laws,  1821,  Chap.  51.  Repealed  January  2,  1829, 
post.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  any  person,  who  now  is,  or 


-58  LAWS   OF    NEW   HAMPSHIRE 

hereafter  shall  be  committed  to  prison  on  execution  issued  on  a 
judgment  rendered  in  any  action  for  the  neglect  of  military  duty, 
and  who  shall  have  remained  a  prisoner  for  and  during  the  term  of 
thirty  days,  shall  be  admitted  to  take  the  oath,  by  law  prescribed 
for  poor  debtors,  and  shall  have  the  liberty  of  the  Jail  yard,  and  be 
discharged  in  the  same  way  and  manner  as  if  such  execution  had 
issued  on  a  judgment  recovered  in  an  action  of  debt,  covenant,  con- 
tract or  promise. 


[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1821,  June  14. 

Resolved,  by  the  Senate  and  House  of  Representatives  in  General  Court, 
Convened,  that  the  town  of  Sharon,  have  leave  to  send  a  Representative 
to  the  General  Court  of  this  State,  until  the  Legislature  shall  otherwise 
order. 

[House  Journal,  1821,  vol.  1,  p.  224.  Senate  Journal,  1821,  p.  102. 
Original  Acts,  vol.  26,  p.  101.] 


1821,  June  16. 

Resolved,  that  the  sum  of  eight  hundred  dollars,  be,  and  the  same  hereby 
is  appropriated,  for  the  purpose  of  promoting  the  interests  of  agriculture 
&  domestic  manufactures,  in  this  State,  in  the  following  manner,  viz; 

To  the  Agricultural  Societies  of  the  County  of  Rockingham,  Strafford, 
Hillsborough,  Cheshire  and  Grafton  the  sum  of  one  hundred  dollars  each, 
to  the  agricultural  society  of  the  county  of  Coos  fifty  dollars — and  to  the 
board  of  Agriculture  for  this  State  the  remaining  sum  of  two  hundred  & 
fifty  dollars — 

And  be  it  further  resolved,  that  the  foregoing  grant  to  the  several 
County  societies,  be  made,  on  condition,  that  each  County  society,  shall, 
within  one  year  from  the  first  day  of  January  next,  appropriate  the  sum 
granted  thereto  by  this  resolve,  together  with  at  least  double  the  amount 
of  said  sum,  for  the  purpose  of  improvements  in  Agriculture  and  domestic 
manufactures;  And  the  Treasurer  of  the  State  is  hereby  directed  to  pay 
to  the  Treasurer  of  each  County  agricultural  Society,  the  sum  herein 
appropriated  to  such  society,  whenever  the  Treasurer  thereof  shall  lodge 
with  him  a  certificate  under  oath,  that  he  has,  within  the  term  above 
specified,  received  of  the  members  of  the  Society  of  which  he  is  Treas- 
urer, a  sum  at  least  double  in  amount  to  the  appropriation  herein  made 
to  such  society,  and  that  the  appropriation  required  by  this  resolve,  has 
been  duly  made. 

And  be  it  further  resolved,  that  it  shall  be  the  duty  of  the  board  of 
Agriculture  for  this  State  to  appropriate  the  sum  herein  granted  them, 
in  the  following  manner,  to  wit,  in  defraying  the  necessary  expenses  in 


LAWS   OF    NEW   HAMPSHIRE  59 

procuring  and  preparing  materials  for,  and  the  publication  of  a  pamphlet, 
agreeably  to  the  provisions  of  an  act,  entitled,  "An  act  to  institute  & 
provide  for  the  organization  of  a  board  of  Agriculture  for  this  State" 
passed  Dec1  19-th  1820, — and  the  residue,  if  any,  in  such  manner,  as  said 
Board  may  consider  most  conducive  to  the  interests  of  Agriculture  & 
domestic  manufactures  in  this  State. — And  the  Treasurer  of  this  State  is 
hereby  directed  to  pay  said  sum  of  two  hundred  &  fifty  dollars  to  the 
Treasurer  of  said  Board  of  Agriculture — And  it  shall  be  the  duty  of  said 
Board  to  render  to  the  Legislature,  at  the  next  June  session,  an  account 
of  the  manner  in  which  the  aforesaid  Sum,  or  any  part  thereof,  shall  have 
been  expended. 

[House  Journal,  1821,  vol.  1,  pp.  305-309.     Senate  Journal,  1821,  pp. 
154-155.    Original  Acts,  vol.  26,  p.  102.] 


1821,  June  22. 

Whereas  Moses  Foss  Jun.  Solomon  Rowe,  Enoch  Colby  Jr,  Francis 
Durgin,  Paul  Chase,  and  Ebenezer  Burbank  have  presented  a  petition  to 
the  Legislature,  shewing  that  they  are  debtors  to  the  State  of  New 
Hampshire  in  the  sum  of  eight  hundred  and  thirty  one  dollars  and  eighty 
cents,  payable  on  the  twenty  ninth  day  of  June  instant,  in  consequence 
of  the  purchase  of  a  certain  tract  of  wild  land,  belonging  to  this  State, 
known  by  the  name  of  Gillis'  and  Foss'  grant;  and  praying  that  the  time 
of  payment  may  be  extended  for  the  term  of  one  year,  from  the  said 
29th  day  of  June  instant: 

Therefore, 

Resolved,  that  the  time  for  the  payment  of  said  sum  of  eight  hundred 
thirty  one  dollars  &  eighty  cents,  be  and  the  same  is  hereby  extended  to 
the  29  day  of  June  1822:  Provided  the  said  petitioners  shall  pay  or 
cause  to  be  paid  to  the  Treasurer  of  this  State,  annually,  the  interest 
which  shall  accrue  thereon. 

[Senate  Journal,  182 1,  p.  200.     Original  Acts,  vol.  26,  p.   103.] 


1821,  June  25. 

Resolved,  that  the  Treasurer  of  this  State,  be  authorized  to  sell  and 
convey,  by  deed  of  quitclaim  duly  executed,  to  Samuel  Tuttle  a  certain 
tract  of  land,  situate  in  the  town  of  Adams,  containing  one  hundred 
twenty  one  and  a  half  acres,  agreeably  to  the  plan  accompanying  the  re- 
port of  the  Honorable  Obed  Hall,  land  agent  for  said  State,  on  the  eleventh 
day  of  June  A.D.  182 1, — Provided,  the  said  Samuel  Tuttle  or  any  person 
authorized  by  him  shall  pay,  or  cause  to  be  paid  to  the  Treasurer  of  this 
State,  the  value  of  said  tract  of  land,  as  appraised  by  said  Hall,  at  fifty 
cents  per  acre,  amounting  to  sixty  dollars  seventy  five  cents,  and  interest 
thereon,  within  one  year  from  the  passing  of  this  resolve. 

[House  Journal,  vol.  1,  pp.  325-326.  Senate  Journal,  1821,  p.  190. 
Original  Acts,  vol.  26,  p.  104.] 


6o 


LAWS   OF    NEW    HAMPSHIRE 


1821,  June  25. 

Resolved,  that  the  Treasurer  of  this  State  be  authorized  to  sell  and 
convey  by  deed  of  quitclaim  to  John  Pendexter  Jr.,  Daniel  Elkins  Jr., 
Daniel  Pinkham  and  Joseph  T.  Pinkham,  a  certain  tract  or  parcel  of 
land  situate  in  the  town  of  Adams,  in  the  County  of  Coos  and  State  of 
New  Hampshire,  containing  five  hundred  one  acres  and  forty  rods,  agree- 
ably to  the  plans  accompanying  the  report  of  the  Hon.  Obed  Hall,  land 
agent  for  the  State  of  New  Hampshire,  on  the  11th  day  of  June  182 1 — 
Provided  the  said  John  Pendexter  Jr,  Daniel  Elkins  Jr,  Daniel  Pinkham 
&  Joseph  T.  Pinkham,  or  any  person  authorized  by  them,  pay  or  cause 
to  be  paid  to  the  Treasurer  of  this  State,  the  value  of  said  land,  as  ap- 
praised by  the  said  Hall  at  twenty  five  cents  per  acre,  amounting  to  one 
hundred  and  twenty  dollars,  thirty  one  cents  and  interest  thereon,  within 
two  years  from  the  passing  of  this  resolve. 

[House  Journal,  vol.  1,  pp.  326-327.  Senate  Journal,  1821,  p.  190. 
Original  Acts,  vol.  26,  p.  105.] 


182 1,  June  25. 

Resolved,  that  the  Treasurer  of  this  State  be  authorized  to  sell  and  con- 
vey by  deed  of  quitclaim  duly  executed  to  John  Perkins  a  certain  tract 
of  land,  situate  in  the  Town  of  Adams,  County  of  Coos  and  State  of 
New  Hampshire,  containing  sixty  one  Acres  and  forty  four  rods,  agreeably 
to  the  plan  accompanying  the  report  of  the  Hon.  Obed  Hall,  land  agent 
for  the  State  of  New  Hampshire,  on  the  11  day  of  June  182 1 — 

Provided,  the  said  John  Perkins,  or  any  person  authorized  by  him, 
pay  or  cause  to  be  paid  to  the  Treasurer  of  this  State,  the  value  of  said 
land,  as  appraised  by. the  said  Hall,  at  eighteen  cents,  per  acre,  amounting 
to  eleven  dollars  and  three  cents,  and  interest  thereon,  within  two  years 
from  the  passing  of  this  resolve. 

[House  Journal,  1821,  vol.  1,  pp.  323-324.  Senate  Journal,  1821,  p. 
190.    Original  Acts,  vol.  26,  p.  106.] 


1821,  June  25. 

Resolved,  that  the  Treasurer  of  this  State  be  authorized  to  sell  and 
convey  by  deed  of  quitclaim  duly  executed  to  Frye  Holt,  a  certain  tract 
of  land,  containing  one  hundred  thirty  three  and  one  third  acres; 
Also  to  William  Eastman  a  certain  tract  of  land  containing  one  hundred 
thirty  three  and  one  third  acres;  Also  to  Benjamin  D.  Eastman  a  certain 
tract  of  land  containing  one  hundred  thirty  three  and  one  third 
acres;  Also  to  Samuel  Hayes  a  certain  tract  of  land,  containing  two  hun- 
dred acres — Also  to  Lemuel  Twombly  a  certain  tract  of  land  containing 
two  hundred  acres;  Also  to  Nathaniel  Hayes  a  certain  tract  of  land  con- 
taining two  hundred  and  fifty  acres — all  said  tracts  of  land  adjoining 
the  town  of  Adams  in  the  county  of  Coos  &  State  of  New  Hampshire, 
agreeably  to  the  plans  accompanying  the  report  of  the  Honorable  Obed 
Hall,  land  agent  for  said  State,  on  the  eleventh  day  of  June  A.D.  182 1. 


LAWS  OF   NEW  HAMPSHIRE  6 1 

Provided,  that  said  Frye  Holt,  William  Eastman,  Benjamin  D.  East- 
man, Samuel  Hayes,  Lemuel  Twombly  and  Nathaniel  Hayes,  or  any 
person  authorized  by  them,  shall  pay  or  cause  to  be  paid  to  the  Treasurer 
of  this  State,  the  value  of  said  tracts  of  land,  as  appraised  by  the  said 
Hall,  at  twenty  five  Cents  per  acre,  and  interest  thereon  within  two  years 
from  the  passing  of  this  resolve — 

[House  Journal,  1821,  vol.  1,  pp.  321-323.  Senate  Journal,  1821,  pp. 
190-191.     Original  Acts,  vol.  26,  p.  107.] 


1821,  June  25. 

Resolved,  that  the  Treasurer  of  this  State,  be  authorized  to  sell  and 
convey,  by  deed  of  quitclaim,  duly  executed  to  John  Small  and  John  G. 
Tuttle  a  certain  tract  of  land  adjoining  the  town  of  Adams,  in  the  County 
of  Coos  and  State  of  New  Hampshire,  containing  four  hundred  acres, 
agreeably  to  the  plan  accompanying  the  report  of  the  Honorable  Obed 
Hall,  land  agent  for  said  State,  on  the  eleventh  day  of  June  A.D.  182 1 — 

Provided  the  said  John  Small  and  John  G.  Tuttle,  or  any  person  author- 
ized by  them,  shall  pay  or  cause  to  be  paid  to  the  Treasurer  of  this  State, 
the  value  of  said  tract  of  land,  as  appraised  by  said  Hall,  at  twenty  cents 
per  acre,  amounting  to  eighty  dollars,  and  interest  thereon,  within  two 
years  from  the  passing  of  this  resolve — 

[House  Journal,  1821,  vol.  1,  pp.  320-321.  Senate  Journal,  1821,  p. 
191.    Original  Acts,  vol.  26,  p.  108.] 


1821,  June  25. 

Resolved,  that  the  Justices  of  the  Court  of  Sessions  for  the  County  of 
Rockingham  be  authorized,  at  the  expense  of  certain  petitioners  of  Ports- 
mouth and  Newburyport,  to  examine  and  report  to  the  Legislature  at 
the  next  session,  whether  the  Turnpike  road  belonging  to  the  Hampton 
Causeway  Turnpike  Corporation  has  not  by  the  provisions  of  the  charter 
of  said  corporation  become  public  property;  whether  said  corporation 
have  violated  or  evaded  any  of  the  provisions  of  said  charter;  whether 
said  corporation  have  assumed  any  rights  or  powers  not  granted  to  them; 
to  make  an  examination  into  the  general  concerns  of  said  corporation, 
and  to  give  such  notice  to  all  concerned  of  the  time  and  place  of  attending 
to  said  investigation  as  they  may  deem  proper. 

[House  Journal,  1821,  vol.  2,  pp.  116-117.  Senate  Journal,  1821,  p. 
198.    Original  Acts,  vol.  26,  p.  109.] 


1821,  June  28. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  sum  of  one  thousand  dollars  of  any  money  in  the 
Treasury  of  this  State  be  and  the  same  is  hereby  appropriated  for  the 
purpose  of  educating  deaf  and  dumb  children  belonging  to  this  State  at 


62  LAWS   OF    NEW    HAMPSHIRE 

the  Asylum  in  Hartford,  Connecticut;  which  sum  may  be  divided  and 
applied  for  the  benefit  of  such  persons  and  in  such  manner  as  His  Excel- 
lency the  Governor  shall  think  proper.  And  the  Governor  is  hereby 
authorized  by  warrant  on  the  Treasurer  to  draw  said  sum  from  the 
Treasury. 

[House  Journal,  1821,  vol.  2,  p.  306.     Senate  Journal,   1821,  p.  262. 
Original  Acts,  vol.  26,  p.  no.] 


1821,  June  29. 

Resolved,  that  the  Hon.  Obed  Hall,  land  agent  for  this  State,  be  dis- 
charged from  any  farther  duty  after  the  passing  of  this  Resolve. 

[House  Journal,  1821,  vol.  2,  p.  308.  Senate  Journal,  1821,  p.  294. 
Original  Acts,  vol.  26,  p.  in.] 


182 1,  June  30. 

Resolved,  That  John  Johnson  be  and  he  hereby  is  appointed  to  super- 
intend the  State  House,  lot  and  the  fences  surrounding  said  lot,  until 
the  next  June  session  of  the  Legislature,  whose  duty  it  shall  be  to  keep 
the  house  clean  at  all  times,  to  air  it  as  often  as  necessary  by  opening 
the  windows;  to  keep  all  the  rooms  locked  except  the  Treasurer's  and 
Secretary's  rooms;  and  the  Adjutant  General's  office,  to  keep  open  the 
avenues,  and  see  that  no  damage  is  done  to  any  part  of  said  house,  yard 
or  fence.  And  he  is  hereby  authorized  and  directed  to  prosecute  in  be- 
half of  the  State  any  person  who  may  injure  said  House,  yard  or  fence; 
and  to  purchase  and  provide  all  necessary  articles  suitable  for  the  accom- 
modation of  the  Legislature  at  their  next  session;  for  all  which  service 
he  shall  be  entitled  to  the  sum  of  forty  dollars. 

[House  Journal,  1821,  vol.  2,  pp.  380-381.  Senate  Journal,  182 1,  pp. 
312-313.    Original  Acts,  vol.  26,  p.  112.] 


LAWS   OF    NEW   HAMPSHIRE  63 

[THIRTY-FIRST  GENERAL  COURT.] 

[Held  at  Concord,  One  Session,  June  5,  1822,  to  July  4,  1822.] 

[OFFICERS  OF  THE  GOVERNMENT.] 

Samuel  Bell,  Governor. 

Samuel  Sparhawk,  Secretary. 

Richard  Bartlett,  Deputy  Secretary. 

William  Pickering,  Treasurer. 

Jonathan  Harvey,  President  of  the  Senate. 

Charles  Woodman,  Speaker  of  the  House. 

[Members  of  the  Council.] 

Hunking  Penhallow,  Portsmouth. 

Richard  Odell,  »  Conway. 

Richard  H.  Ayer,  Hooksett. 

Elijah  Belding,  Swanzey. 

Ezra  Bartlett,  Haverhill. 

[Members  of  the  Senate.] 

Langley  Boardman,  Portsmouth. 

John  Kimball,  Exeter. 

Hezekiah  D.  Buzzell,  Weare. 

Isaac  Hill,  Concord. 

Nehemiah  Eastman,  Farmington. 

Daniel  Hoit,  Sandwich. 

John  Wallace,  Jr.,  Milford. 

Jonathan  Harvey,  Sutton. 

Jotham  Lord,  Jr.,  Westmoreland. 

James  H.  Bingham,  Alstead. 

Ziba  Huntington,  Lebanon. 

Arthur  Livermore,  Holderness. 

[Members  of  the  House.] 

rockingham  county. 

Allenstown,  Andrew  O.  Evans. 

Atkinson  and  ) 

Plaistow,  f  Henry  Tucker- 

Bow,  John  Brown. 

Brentwood,  Andrew  Dudley. 

Candia,  Moses  Bean. 

Canterbury,  Richard  Greenough. 


64 


LAWS  OF   NEW  HAMPSHIRE 


Chester, 

Chichester, 
Concord, 

Deerfield, 

Epsom, 
Epping, 
Exeter, 

Hampstead, 

Hampton, 

Hawke  and  } 

Sandown,     ] 

Kensington, 

Kingston, 

Londonderry, 

Loudon, 

Newcastle, 

Newington, 

Newmarket, 

Newton, 

Northwood, 

Nottingham, 

Pelham, 

Pembroke, 

North  Hampton, 

Northfield, 

Pittsfield, 

Poplin, 

Portsmouth, 


Raymond, 

Rye, 

Salem, 

Seabrook, 

South  Hampton  and  ) 

East  Kingston,  ( 

Stratham, 

Windham, 


Samuel  Aiken,  Jr. 
William  Moore. 
David  M.  Carpenter. 
Stephen  Ambrose. 
Samuel  Morrill. 
John  S.  Jenness. 
Andrew  Page. 
Richard  Tripp. 
Joseph  Edgerly. 
Joseph  Tilton,  Jr. 
William  Smith,  Jr. 
Jesse  Gordon. 
Edmund  Toppan. 

Samuel  Pilsbury. 

Robert  Prescott. 
Daniel  Peaslee. 
John  H.  Miltimore. 
Robert  Patterson. 
Jonathan  Clough. 
William  P.  Prescott. 
Paul  Rawlings. 
Arthur  Branscomb. 
John  Bartlett. 
Joseph  Neally. 
Henry  Butler. 
Nehemiah  Butler. 
Boswell  Stevens. 
Tristram  Dalton. 
James  Cochran. 
Ebenezer  Knowlton. 
John  Scribner. 
John  Bowles. 
David  C.  Foster. 
Estwicke  Evans. 
John  N.  Sherburne. 
Thomas  Dearborn. 
Jonathan  Philbrick. 
John  Clindenin. 
George  Janvrin. 

Ephraim  Fitts. 

Daniel  Veasey. 
Jonathan  Parker. 


LAWS  OF   NEW   HAMPSHIRE 


65 


STRAFFORD  COUNTY. 


Alton, 

Stephen  Davis. 

Barnstead, 

William  Walker,  Jr. 

Barrington, 

David  W'inkley. 

Conway, 

David  Webster. 

Dover, 

Nathaniel  W.  Ela. 

Charles  WToodman. 

Durham, 

Benjamin  Mathes,  Jr 

Eaton, 

Daniel  Lary. 

Effingham, 

James  Leavitt. 

Farmington, 

Thomas  Plumer. 

Gilford, 

Dudley  Ladd. 

Gilmanton, 

Pearson  Cogswell. 

Jeremiah  Wilson. 

Lee, 

Edward  B.  Neally. 

Madbury, 

Maul  Hanson. 

Meredith, 

John  Durkee. 

Ebenezer  Pitman. 

Middleton  and  { 
Brookfield,         \ 

John  Chadwick. 

Milton, 

Levi  Jones. 

Moultonborough, 

Ezekiel  Hoit. 

New  Durham, 

Joseph  Boodey. 

New  Hampton  and  / 

IT                                                  S 

Center  Harbor,          \ 

Thomas  Perkins. 

Ossipee, 

Ezekiel  Wentworth. 

Rochester, 

William  Barker. 

Moses  Hale. 

Sanbornton, 

James  Clark. 

Joseph  Woodman. 

Sandwich, 

Neal  McGaffrey. 

Johnson  D.  Quimby. 

Somersworth, 

Joseph  Doe. 

Strafford, 

Job  Otis. 

Tobias  Roberts. 

Tamworth, 

Ford  Whitman. 

Tuftonborough, 

Thomas  Hoit. 

Wakefield, 

Richard  Russell. 

Wclfeborough, 

Samuel  Fox. 

HILLSBOROUGH 

COUNTY. 

Amherst, 

Edmund  Parker. 

x^ndover, 

Samuel  Brown. 

Antrim, 

Amos  Parmenter. 

Bedford, 

Phinehas  Aiken. 

66 


LAWS   OF    NEW   HAMPSHIRE 


Boscawen, 

Ezekiel  Webster. 

Bradford, 

Samuel  Jones. 

Brookline, 

Thomas  Bennett. 

Deering, 

Russell  Tubbs. 

Dunbarton, 

John  Stinson. 

Dunstable, 

Jesse  Bowers. 

Fishersfield, 

Elijah  Peaslee. 

Francestown, 

Titus  Brown. 

Goffstown, 

Robert  Hall. 

Greenfield, 

William  Whittemore 

Hancock, 

Andrew  Wallace. 

Henniker, 

Artemas  Rogers. 

Hillsborough, 

Andrew  Sargent. 

Hollis, 

Ralph  W.  Jewett. 

Hopkinton, 

Abraham  Brown. 

Thomas  W.  Colby. 

Litchfield, 

Jonathan  Abbot. 

Lyndeborough, 

Nehemiah  Boutwell. 

Manchester, 

Frederick  G.  Stark. 

Mason, 

Josiah  Russell. 

Merrimack, 

Aaron  Gage,  Jr. 

Milford, 

William  Crosby. 

Mont  Vernon, 

John  Bruce. 

New  Boston, 

Joseph  Cochran,  Jr. 

New  Ipswich, 

Charles  Barrett. 

New  London, 

Daniel  Woodbury. 

Nottingham  West, 

Caleb  S.  Ford. 

Peterborough, 

Jonathan  Smith. 

Salisbury, 

Samuel  C.  Bartlett. 

Sharon, 

Samuel  Ryan. 

Society  Land, 

John  Dodge. 

Sutton, 

Thomas  Wadleigh. 

Temple, 

Jesse  Spofford. 

Warner, 

James  Bean. 

Benjamin  Evans. 

Weare, 

Abraham  Morrill. 

Tames  Wallace. 

Wilmot, 

Jabez  Youngman. 

Wilton, 

John  Stevens. 

CHESHIRE 

COUNTY. 

Ac  worth, 

Elisha  Parks. 

Alstead, 

Azel  Hatch. 

Charlestown, 

Enos  Stevens. 

Chesterfield, 

John  Kneeland. 

Claremont, 

Rufus  Handerson. 

LAWS   OF   NEW   HAMPSHIRE 


67 


Cornish, 

Croydon, 

Dublin, 

Fitzwilliam, 

Grantham, 

Hinsdale, 

Jaffrey, 

Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 

Nelson, 

Newport, 

Plainfield, 

Richmond, 

Rindge, 

Roxbury, 

Springfield, 

Stoddard, 

Sullivan, 

Surry  and  [ 

Gilsum,       j 

Swanzey, 

Troy, 

Unity, 

Walpole, 

Washington, 

Wendell  and  \ 

Goshen,  ( 

Westmoreland, 

Winchester, 


John  Smith. 
Eleazer  Jackson,  Jr. 
Obed  Metcalf. 
Joseph  Appleton. 
Levi  Chamberlain. 
Charles  Gleason. 
Obed  Slate. 
Oliver  Prescott. 
Foster  Alexander. 
Samuel  Egerton. 
John  Way. 
Joseph  Frost. 
Wells  Way. 
Henry  Melville. 
James  Breck. 
Merrill  Colby. 
Joseph  Weeks. 
Samuel  L.  Wilder. 
Samuel  Griffin. 
John  Quimby. 
Dan  forth  Taylor. 
Josiah  Seward. 

Sylvester  Smith. 

James  Underwood. 
Daniel  Cutting. 
Francis  Chase. 
Daniel  W.  Bisco. 
Abraham  B.  Story. 

Thomas  Pike. 

Simeon  Cobb,  2d. 
Elijah  Alexander. 


GRAFTON  COUNTY. 


Alexandria  and  ) 

Danbury,  \ 

Bath, 

Bethlehem, 

Bridgewater, 

Bristol, 

Campton, 

Concord  (Lisbon), 

Dorchester, 

Enfield, 


Stephen  Gale. 

Abram  Thomas. 
Ebenezer  Rix. 
Humphrey  Webster. 
Walter  Sleeper. 
Moses  Baker. 
Simon  Oakes. 
Ebenezer  Gregg. 
John  Jones. 


68 


LAWS   OF    NEW    HAMPSHIRE 


Grafton, 
Groton  and  ( 
Hebron,        \ 
Hanover, 

Haverhill, 

Holderness, 

Landaff, 

Lebanon, 

Lincoln, 

Littleton, 

Lyman, 

Lyme, 

New  Chester, 

Orford, 

Peeling, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren, 

Wentworth, 


Daniel  Bartlett. 

William  Caldwell. 

Elijah  Miller. 
James  Poole. 
John  L.  Corliss. 
Walter  Blair. 
Joseph  Atwood. 
Diarca  Allen. 
David  Aldrich,  2d. 
Nathaniel  Rix,  Jr. 
Pearley  Mason. 
Nathaniel  Lambert. 
Daniel  Favor. 
Samuel  Morey. 
Thomas  Vincent,  Jr. 
Richard  Jenness. 
Samuel  C.  Webster. 
Thomas  Blodget,  Jr. 
Enoch  Colby,  Jr. 
Amos  Tarleton. 
Caleb  Keith. 


COOS  COUNTY. 


Adams, 

Chatham, 

Columbia, 

Jefferson, 

Lancaster, 

Northumberland, 


Stephen  Meserve. 
Luther  Richardson. 
Lewis  Loomis. 
Frederick  Ingalls. 
Adino  N.  Brackett. 
John  M.  Tillotson. 


LAWS  OF   NEW   HAMPSHIRE  69 


[First  Session,  Held  at   Concord,  June  5,   6,   7,   8,    10,   11,   12, 

13,  14,  15,  17,   18,  IQ,  20,  21,  22,  24,  25,  26,  27,  28,  2Q,  July  I,  2, 

3,  4,  1822.] 


[CHAPTER  1.] 


State  oj  } 

New  Hampshire.  \ 


An  Act  To  incorporate  Enoch  G  Parrott,  Jacob  Cutter, 
Charles  Coffin,  Alexander  Ladd,  and  Samuel  Lord,  and 
others,  into  a  company  by  the  name  of  the  portsmouth 
Insurance  Company. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  26;  recorded  Acts, 
vol.  22,  p.  97.  See  acts  of  June  19,  1810,  Laws  of  New  Hampshire,  vol.  7, 
p.  871,  and  June  24,  1863,  Session  Laws,  1863,  Chapter  2814-] 

Section  First 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  said  Enoch  G  Parrott,  Jacob 
Cutter,  Charles  Coffin,  Alexander  Ladd,  and  Samuel  Lord,  and 
others,  and  all  such  Persons  as  have  already  or  shall  hereafter  be- 
come Stockholders  in  the  said  Company,  be;  and  hereby  are  in- 
corporated into  a  Company  and  Body  Politic,  by  the  name  of  the 
Portsmouth  Insurance  Company,  for  and  during  the  term  of  Twenty 
Years,  after  the  passing  of  this  Act,  and  by  that  name  may  sue,  and 
be  sued,  plead  and  be  impleaded,  appear,  prosecute,  and  defend  to 
final  judgment  and  execution;  and  have  a  common  Seal,  which  they 
may  alter  at  pleasure,  and  may  purchase,  hold,  and  convey  any 
Estate,  Real  or  Personal,  for  trie  use  of  said  Company,  subject  to 
the  restrictions  herein  after  mentioned. 

Section  Second 

And  be  it  further  enacted,  That  the  Capital  Stock  of  the  said 
Company,  shall  be  divided  into  Shares  of  One  Hundred  Dollars 
each,  which  shall  be  paid  into  said  Company  in  manner  provided  in 
the  tenth  Section  of  this  Act;  and  the  whole  number  of  Shares  shall 
be  One  Thousand,  and  the  whole  Capital,  Stock,  Estate,  and  Prop- 
erty, which  the  said  Company  shall  be  authorized  to  hold,  shall 
never  exceed  One  hundred  Thousand  Dollars,  exclusive  of  Premium 
Notes,  and  Profits  arising  from  the  business  of  said  Company;  of 
which  Capital  Stock,  not  more  than  Six  Thousand  Dollars  shall  at 
any  time  be  invested  in  Real  Estate. 


yo  LAWS  OF   NEW  HAMPSHIRE 

Section  Third 

And  be  it  further  enacted,  That  the  Stock,  Property,  Affairs,  and 
concerns  of  said  Company,  shall  be  managed  and  conducted  by 
Seven  Directors,  one  of  whom  shall  be  President  thereof,  who  shall 
hold  their  Office's  for  One  Year,  and  until  others  are  chosen,  and  no 
longer;  and  who  shall  at  the  time  of  their  election,  be  Stockholders, 
and  Citizens  of  this  State,  and  shall  be  elected  on  the  first  Monday 
of  August  in  each  and  every  Year,  at  such  time  of  the  day,  and  at 
such  a  place  in  the  Town  of  Portsmouth  as  a  majority  of  the 
Directors  for  the  time  being  shall  appoint;  of  which  election  public 
notice  shall  be  given  in  a  Newspaper  printed  in  the  Town  of  Ports- 
mouth, and  continued  for  the  space  of  two  weeks  immediately  pre- 
ceeding  such  election;  and  the  election  shall  be  holden  under  the 
inspection  of  two  Stockholders,  not  being  Directors,  (to  be  ap- 
pointed by  the  meeting)  and  the  election  shall  be  made  by  ballot, 
by  a  majority  of  the  votes  of  the  Stockholders  present,  allowing  one 
vote  to  each  Share  in  the  Capital  Stock;  provided  that  no  Stock- 
holder shall  be  allowed  more  than  Thirty  Votes;  and  the  Stock- 
holders not  present  may  vote  by  proxy,  under  such  regulations  as 
the  Company  shall  prescribe,  and  if  through  any  unavoidable  acci- 
dent, the  said  Directors  should  not  be  chosen  on  the  first  Monday  of 
August,  as  aforesaid,  or  at  an  adjournment  of  said  meeting,  it  shall 
be  lawful  to  choose  them  on  any  other  day,  in  the  manner  herein 
prescribed. 

Section  Fourth 

And  be  it  further  enacted,  That  the  Directors  when  chosen,  shall 
meet  as  soon  as  may  be  after  every  election,  and  shall  choose  out  of 
their  own  body,  one  Person  to  be  President,  who  shall  give  Bonds 
for  a  sum  not  less  than  Five  Thousand  Dollars,  for  the  faithful  dis- 
charge of  the  duties  of  his  office,  and  who  shall  preside  for  one 
Year,  and  until  another  is  chosen;  and  in  case  of  Death,  resignation, 
or  inability  to  serve  of  the  President,  or  any  Director,  such  vacancy 
or  vacancies  shall  be  filled  for  the  remainder  of  the  Year  in  which 
they  happen,  by  a  special  election  for  that  purpose,  to  be  held  in  the 
same  manner  as  herein  before  directed  respecting  annual  elections 
for  Directors. 

Section  Fifth 

And  be  it  further  enacted,  That  the  President  and  three  of  the 
Directors,  or  Four  of  the  Directors  in  the  absence  of  the  President, 
shall  be  a  board  competant  for  the  transaction  of  business:  and  all 
questions  before  them,  shall  be  decided  by  a  majority  of  votes;  and 
they  shall  have  power  to  make  and  prescribe  such  Bye  Laws,  Rules, 
and  regulations,  as  to  them  shall  appear  needful  and  proper,  touch- 
ing the  management  and  disposition  of  the  Stock,  Property,  Estate, 
and  Effects,  of  said  Company,  and  touching  the  duties  and  conduct, 


LAWS   OF   NEW  HAMPSHIRE  7l 

of  the  several  Officers,  Clerks,  and  Servants  employed,  and  all  such 
matters  as  appertain  to  the  business  of  Insurance;  and  shall  also 
have  power  to  appoint  Clerks  and  Servants  for  carrying  on  the  said 
business,  and  with  such  Salaries,  and  allowances  to  them  and  to  the 
President,  as  to  the  said  Board  shall  seem  meet;  Provided  such 
ByeLaws,  Rules,  and  regulations,  shall  not  be  repugnant  to  the  Con- 
stitution or  Laws  of  this  State. 

Section  Sixth 

And  be  it  further  enacted,  That  there  shall  be  stated  meetings 
of  the  Directors,  at  least  once  in  every  month,  and  as  often  within 
each  month  as  the  President  and  board  of  Directors  shall  deem 
proper;  and  the  President  and  two  of  the  Directors  to  be  by  him 
appointed  in  rotation,  shall  assemble  daily,  if  need  be,  for  the  dis- 
patch of  business;  and  the  said  board  of  Directors,  or  the  Commit- 
tee aforesaid,  at  and  during  the  pleasure  of  said  board,  shall  have 
power  and  authority  on  behalf  of  the  Company,  to  make  Insurance 
on  Vessels,  Freight,  Money,  Goods,  and  Effects,  and  against  Cap- 
tivity of  Persons,  and  on  the  Life  of  any  Person,  and  in  cases  of 
Moneys  lent  upon  Bottomry  and  Respondentia,  and  to  fix  the  Pre- 
miums, and  terms  of  payment.  And  all  Policies  of  Insurance  by 
them  made,  shall  be  subscribed  by  the  President,  and  one  of  the 
Committee  of  the  Directors  aforesaid;  or  in  case  of  the  Death, 
Sickness,  inability,  or  absence  of  the  President,  by  any  two  of  the 
Directors,  and  shall  be  binding  and  obligatory  upon  the  said  Com- 
pany, and  have  the  like  effect  and  force,  as  if  under  the  Seal  of  said 
Company;  and  all  Losses  duly  arising  under  any  Policy  so  sub- 
scribed, may  be  adjusted  and  settled  by  the  President  and  board 
of  Directors,  and  the  same  shall  be  binding  on  the  Company. 

Section  Seventh 

And  be  it  further  enacted,  That  the  Directors  shall  have  power  to 
loan  any  portion  of  their  Capital  Stock,  not  exceeding  one  half,  on 
Respondentia  or  Bottomry.  Provided  also,  that  the  sum"  loaned 
on  any  one  Bottom,  at  any  one  time,  including  the  sum  Insured  in 
any  other  way  upon  the  same  Bottom,  shall  not  exceed  Ten  per 
Cent  of  the  Capital  Stock;  nor  shall  the  same  be  loaned  but  with 
the  consent  of  at  least  five  of  the  Directors,  and  such  Loans  shall 
be  entered  at  large  in  the  records  of  the  Company,  and  signed  by  the 
Directors  consenting  thereto. 

Section  Eighth 

And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Di- 
rectors on  the  first  Monday  of  April  and  October  in  every  Year,  to 
examine  the  Books,  Stock,  and  Property  of  the  said  Company,  and 
to  enter  their  report  of  such  examination  at  large  on  the  records  of 


J2  LAWS   OF    NEW   HAMPSHIRE 

the  Company.  And  on  the  second  Monday  of  October  and  April 
in  every  Year,  to  make  Dividends  of  so  much  of  the  Interest  arising 
from  their  Capital  Stock,  and  the  Profits  of  said  Company,  as  to 
them  shall  appear  advisable;  but  the  monies  received  and  Notes 
taken  for  Premiums  on  risks  which  shall  be  undetermined,  and 
unexpired,  at  the  time  of  making  such  Dividends,  shall  not  be  con- 
sidered as  part  of  the  Profits  of  the  Company;  and  in  case  of  any 
Loss  or  Losses,  whereby  the  Capital  Stock  of  the  Company  shall 
be  lessened  before  all  the  instalments  are  paid  in,  each  Proprietor  or 
Stockholders'  Estate  shall  be  held  accountable  for  the  instalments 
that  may  remain  unpaid  on  his  Share  or  Shares  at  the  time  of  such 
Loss  or  Losses  taking  place,  and  no  subsequent  Dividend  shall  be 
made,  until  a  sum  arising  from  the  Profits  of  the  business  of  the 
Company,  equal  to  such  diminution,  shall  have  been  added  to  the 
Capital.  And  that  once  in  every  three  Years,  and  oftener  if  re- 
quired by  a  majority  of  the  votes  of  the  Stockholders,  the  Directors 
shall  lay  before  the  Stockholders,  at  a  general  meeting,  an  exact  and 
particular  statement  of  the  Profits,  if  any  there  be,  after  deducting 
Losses  and  Dividends. 

Section  Ninth 

And  be  it  further  enacted,  That  the  said  Company  shall  not 
directly  or  indirectly  deal  or  trade  in  buying  or  selling  any  Goods, 
Wares,  merchandize,  or  commodities  whatsoever,  except  such  as 
may  have  been  abandoned  to  them,  or  may  grow  out  of  their  Con- 
tracts for  Insurance.  And  the  Capital  Stock  of  said  Company  shall 
be  invested  either  in  the  funded  debt  of  the  United  States,  or  of  this 
State,  in  the  Stock  of  the  United  States  Bank,  or  of  any  Bank  or 
Company  Incorporated  by  this  State;  or  by  Notes  secured  by  a 
pledge  of  any  or  either  of  the  foregoing  Stocks,  or  by  Loans  on 
Respondentia  and  Bottomry  as  provided  in  the  Seventh  Section  of 
this  act:  or  in  Real  Estate  to  an  amount  not  exceeding  Six  Thousand 
Dollars;  in  either  or  all  of  them,  and  in  such  proportions  as  may  be 
for  the  Interest  of  said  Company,  and  they  shall  have  power  to  sell, 
transfer,  exchange,  and  reinvest  the  same,  at  the  discretion  of  the 
President  and  Directors  of  said  Company,  or  of  such  other  Person 
or  Persons  as  said  Stockholders  shall  for  such  purpose  at  any  meet- 
ing appoint. 

Section  Tenth 

And  be  it  further  enacted.  That  Fifty  Dollars  on  each  Share  in 
said  Company,  shall  be  paid,  or  secured  by  pledge  of  any  or  either 
of  the  Stocks  authorized  in  the  ninth  Section  of  this  Act,  within 
twenty  days  after  the  meeting  of  said  Company,  And  the  remain- 
ing sum  of  Fifty  dollars  on  each  Share,  shall  be  paid  or  secured,  at 
such  times,  in  such  manner,  at  such  equal  instalments,  and  under 
such  penalties,  as  the  Directors  of  said  Company  shall  direct.    And 


LAWS   OF    NEW   HAMPSHIRE  73 

no  transfer  of  any  Share  shall  be  permitted,  or  be  valid,  until  the 
amount  of  One  Hundred  Dollars  on  such  Share  shall  have  been 
paid  in  or  secured. 

Section  Eleventh 

And  be  it  further  enacted,  That  Certificate  of  Shares  in  the  Cap- 
ital Stock  of  said  Company,  shall  be  issued  to  each  Proprietor,  bear- 
ing the  Seal  of  the  Company,  and  signed  by  the  President  and  three 
of  the  Directors,  or  in  the  absence  of  the  President,  by  four  of  the 
Directors.  And  no  transfer  thereof  shall  be  valid,  until  any  and 
every  claim  of  said  Company  on  the  Proprietor,  shall  have  been 
paid  or  satisfied;  the  transfer  of  the  Stock  recorded  on  the  Books 
of  the  Company,  and  the  old  Certificate  given  up  and  cancelled. 

Section  Twelfth. 

And  be  it  further  enacted,  That  the  said  Company  shall  have 
power  to  hire  any  sum  or  sums  of  money,  not  exceeding  in  the  whole 
amount  Thirty  five  per  cent  of  their  Capital  Stock.  And  any  Note 
or  Bond,  signed  by  the  President  and  four  of  the  Directors,  or 
in  the  absence  of  the  President  by  five  of  the  Directors,  shall  be 
binding  on  the  Company,  and  it  shall  be  the  duty  of  the  Directors 
to  have  their  vote,  authorizing  such  loan  or  loans  to  be  entered  on 
the  records  of  the  Company  and  signed  by  at  least  five  of  the  Di- 
rectors. 

Section  Thirteenth. 

And  be  it  further  enacted,  That  the  Property  of  any  member  of 
said  Company,  vested  in  the  Stock  of  said  Company,  with  the  Div- 
idend or  Dividends  due  thereon,  when  together  exceeding  the 
amount  of  any  claim  the  said  Company  may  have  on  the  said  Pro- 
prietor, shall  be  liable  to  attachment  and  execution,  in  favour  of  any 
bona  fide  Creditor,  in  manner  following,  to  wit,  whenever  a  proper 
Officer,  having  a  writ  of  attachment,  or  execution  against  any  such 
member  shall  apply  with  such  writ  or  execution  to  the  President, 
or  acting  officer  of  said  Company,  it  shall  be  the  duty  of  said  Pres- 
ident to  expose  the  Books  of  the  Corporation  to  such  Officer,  and 
furnish  him  with  a  certificate,  under  his  hand,  in  his  Official  capac- 
ity, ascertaining  the  number  of  Shares  the  said  member  holds  in  said 
Company,  with  the  amount  of  the  Dividend  or  Dividends  due 
thereon,  and  the  amount  of  claim,  if  any,  said  Company  may  have 
on  said  member;  and  when  any  Share  or  Shares  shall  be  attached 
on  mesne  process,  or  taken  in  execution,  an  attested  Copv  of  such 
writ  of  attachment  or  execution,  shall  be  left  with  the  said  President, 
and  such  Share  or  Shares  may  be  sold  on  execution  after  the  same 
notification  of  the  time  and  place  of  sale,  and  in  the  same  mode  of 
sale  as  other  Personal  Property,  and  it  shall  be  the  duty  of  the 
Officer,  making  such  sale,  within  ten  days  thereafter  to  have  an  at- 


74  LAWS  OF   NEW  HAMPSHIRE 

tested  Copy  of  the  execution,  with  his  return  thereon  with  the 
President  of  the  Company,  and  the  vendee  shall  thereby  become  the 
Proprietor  of  such  share  or  shares,  and  entitled  to  the  same,  and  to 
all  the  Dividends  which  shall  have  accrued  thereon  after  the  taking 
in  execution  aforesaid. 

Section  Fourteenth 

And  be  it  further  enacted,  That  in  case  of  any  Loss  or  Losses 
taking  place,  that  shall  be  equal  to  the  amount  of  the  Capital  Stock 
of  the  said  Company,  and  the  President  or  Directors,  after  knowing 
of  such  Loss  or  Losses  taking  place,  shall  subscribe  to  any,  Policy  of 
Insurance,  their  Estates,  jointly  and  severally  shall  be  accountable 
for  the  amount  of  any  and  every  Loss  that  shall  take  place  under 
Policies  so  subscribed. 

Section  Fifteenth 

And  be  it  further  enacted,  That  the  said  Company  shall  be  allowed 
to  take  on  any  one  risk,  any  sum,  not  exceeding  in  amount  Ten  per 
Centum  of  their  Capital  Stock. 

Section  Sixteenth 

And  be  it  further  enacted,  That  the  Persons  named  in  the  first 
Section  of  This  Act,  or  a  majority  of  them,  are  hereby  authorized  to 
receive  subscriptions  to  the  Capital  Stock  of  said  Company,  and  to 
prescribe  the  manner  and  time  in  which  the  first  instalment  shall  be 
paid  in  and  secured.  And  also  to  call  a  meeting  of  said  Company, 
as  soon  as  may  be  after  said  subscription  has  been  filled,  by  adver- 
tizing the  same  in  two  newspapers  printed  in  the  Town  of  Ports- 
mouth for  the  purpose  of  their  electing  a  first  board  of  Directors  to 
continue  in  Office,  until  the  first  Monday  of  August  next  ensuing. 

[CHAPTER  2.] 

State  of  } 

New  Hampshire.  \ 

An  Act  in  addition  to  an  Act,  entiled  an  Act,  in  addition  to 
"an  Act  authorising  the  town  of  Bartlett  to  erect  and 
keep  in  repair  a  bridge  over  saco  rlver"  passed  december 
THIRTEENTH  eighteen  hundred  and  sixteen 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  27;  recorded  Acts, 
vol.  22,  p.  106.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  8,  p.  547.  See  acts  of  June  22,  1819,  id.,  p.  777;  July  1,  1837,  Session 
Laws,  1837,  Chap.  362,  and  June  24,  1839,  id.,  1839,  Private  Acts,  Chap.  8.] 

Whereas  the  term  heretofore  allowed  for  finishing  and  completing 
said  Bridge  has  been  found  insufficient  for  the  purpose — 


LAWS  OF   NEW   HAMPSHIRE  75 

Sec.  i.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  a  further  term  of  two  years 
from  the  thirteenth  day  of  December  A.D.  eighteen  hundred  and 
twenty  one,  be  granted  to  said  Town  of  Bartlett  for  erecting  and 
completing  said  Bridge,  and  that  every  part  of  the  Act  aforesaid, 
not  inconsistent  with  this  Act — be  &  remain  in  as  full  force  as  if 
the  full  period  from  the  passing  of  the  Act,  to  which  this  is  in  addi- 
tion had  been  originally  limited  for  erecting  and  completing  said 
Bridge — 

[CHAPTER  3.] 

State  of         } 
New  Hampshire.  \ 

An  Act  to  incorporate  Webb  Chapter  of  Royal  Arch  Masons 
Number  six. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  28;  recorded  Acts, 
vol.  22,  p.  107.] 

Sec.  1. — Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Jonathan  Nye,  Godfrey  Ste- 
vens, Silas  H.  Sabin,  and  Nathan  Bingham  and  their  associates  and 
successors  be  and  hereby  are  created  a  corporation  by  the  name  of 
"Webb  Chapter  of  Royal  Arch  Masons  No.  6.",  with  power  to  take 
and  hold  real  and  personal  estate  not  exceeding  three  thousand 
dollars  in  value,  and  with  all  other  powers  and  rights  of  similar 
corporations. 

Sec.  2.  And  be  it  further  enacted,  that  Jonathan  Nye,  Godfrey 
Stevens  and  Silas  H.  Sabin  or  any  two  of  them  shall  call  the  first 
meeting  of  said  corporation  at  such  time  and  place  as  they  may  des- 
ignate by  giving  public  notice  thereof  fifteen  days  prior  to  the  time 
of  meeting  and  at  the  same  or  any  subsequent  meeting  said  cor- 
poration may  elect  officers,  and  make  any  by-laws  not  repugnant  to 
the  laws  of  the  State. 


[CHAPTER  4.] 


State  of 
New  Hampshire. 


An  Act  to  incorporate  St.  Pauls  Lodge  No.  30. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  29;  recorded  Acts, 
vol.  22,  p.  108.     See  act  of  July  3,  1867,  Session  Laws,  1867,  Chap.  111.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened;  that,  John  Wakefield,  Eber 
Carpenter,  Cyrus  Field,  James  Chandler,  and  their  associates  shall 


7^  LAWS   OF    NEW   HAMPSHIRE 

be  and  hereby  are  erected  and  made  a  Corporation  and  body  politic, 
by  the  name  of  St.  Pauls  Lodge  No.  30,  and  by  that  name  may  sue 
and  be  sued,  plead  and  be  impleaded,  defend  and  be  defended,  to 
final  judgment  and  execution;  and  may  have  a  common  seal,  and 
the  same  may  alter  at  pleasure,  and  shall  have  and  possess  all  the 
powers  incident  to  Corporations  of  a  similar  nature,  and  may  have 
hold  and  enjoy,  real  and  personal  estate,  not  exceeding  in  amount 
the  sum  of  two  thousand  dollars. 

Sec  2.  And  be  it  further  enacted  that  John  Wakefield,  Eber 
Carpenter  and  Cyrus  Field  or  any  two  of  them  may  call  a  meeting 
of  said  Corporation,  to  be  holden  at  Alstead  in  the  County  of 
Cheshire;  at  such  time  as  they  shall  think  expedient,  by  advertise- 
ment in  the  New  Hampshire  Sentinel  printed  at  Keene, — fifteen 
days  previous  to  the  time  of  meeting;  at  which  meeting  the  mem- 
bers of  said  Corporation  by  a  vote  of  the  majority  of  those  present, 
shall  choose  such  officers,  and  enact  such  byelaws,  as  they  may  think 
proper  for  the  regulation  and  government  of  said  Corporation.  Pro- 
vided said  byelaws  are  not  repugnant  to  the  Constitution  and  Laws 
of  this  State. 

[CHAPTER  5.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  a  company  by  the  name  of  the  pro- 
prietors of  the  Mason  Cotton  Factory. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  30;  recorded  Acts, 
vol.  22,  p.  109.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Henry  Isaacs,  Silas 
Bullard.  Roger  Chandler,  John  Chandler,  James  Taft,  Moses 
Prichard,  their  associates,  successors  and  assigns,  be,  and  they 
hereby  are  incorporated,  and  made  a  body  politic  by  the  name  of 
the  Proprietors  of  the  Mason  Cotton  Factory;  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  be  known  and  distinguished  in  their  acts  and  pro- 
ceedings, and  in  all  cases  whatever:  and  shall  be,  and  hereby  are 
vested  with  all  the  powers  and  privileges  which  are  by  law  incident 
to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  be  and 
hereby  is  authorized  to  carry  on  the  manufacture  of  Cotton  Goods 
and  such  other  business  as  shall  be  necessarily  connected  therewith 
at  Mason  in  the  county  of  Hillsborough,  and  may  erect  such  mills, 
mildams,  buildings  and  machinery,  as  may  be  necessary  and  con- 
venient for  conducting  and  carrying  on  those  useful  manufactures. 

Sec.  3.     And  be  it  further  enacted,  That  said  Corporation  may 


LAWS   OF   NEW   HAMPSHIRE  77 

purchase  and  hold  such  real  and  personal  estate  as  may  be  necessary 
or  useful  in  conducting  the  business  aforesaid,  and  for  the  con- 
venient management  thereof,  upon  the  present,  or  a  more  enlarged 
scale,  not  exceeding  fifty  thousand  dollars;  and  the  same  may  sell 
and  dispose  of  at  pleasure. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  Henry  Isaacs 
may  call  the  first  meeting  of  said  proprietors  to  be  holden  at  any 
suitable  time  and  place  by  advertisement  in  either  of  the  newspapers 
printed  at  Amherst,  twenty  days  at  least  previous  thereto,  or  by 
giving  at  least  ten  days'  personal  notice  of  the  time  and  place  of 
meeting:  at  which  the  said  proprietors  may  agree  on  the  method  of 
calling  future  meetings;  and  at  the  same,  or  at  any  subsequent 
meeting  duly  notified  and  holden,  may  choose  a  clerk  and  all  other 
necessary  officers  for  conducting  the  affairs  of  said  corporation;  may 
divide  their  capital  or  joint  stock  into  such  number  of  shares  as 
they  may  deem  proper;  may  agree  upon  the  method  of  transferring 
them;  may  order  assessments  and  fix  the  time  of  their  payment; 
may  pass  such  by-laws  as  they  may  deem  proper  for  their  regula- 
tion and  government,  not  repugnant  to  the  laws  of  the  State,  and 
do  and  transact  any  business  necessary  for  carrying  into  effect  the 
objects  of  their  association. 

All  questions  at  any  meeting  shall  be  determined  by  a  majority 
of  votes  present  or  represented,  accounting  and  allowing  one  vote 
to  each  share;  and  absent  members  may  vote  by  proxy,  being 
authorized  in  writing  signed  by  the  person  represented 

Sec.  5.  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Corporation  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  nonpayment  thereof 
within  the  time  fixed  for  their  payment,  the  said  shares  may  be 
sold  at  publick  auction,  or  so  many  of  them  as  may  be  necessary  to 
pay  such  assessments,  with  incidental  charges,  under  such  regula- 
tions as  said  Corporation  may  in  its  by-laws  prescribe. 


[CHAPTER  6.] 


State  of  ) 

New  Hampshire.  \ 


An  act  in  addition  to  an  act,  entitled  An  Act  to  incorporate 
the  New  Hampshire  Fire  and  Marine  Insurance  Company. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  31;  recorded  Acts, 
vol.  22,  p.  112.  See  act  referred  to  dated  June  10,  1803,  Laws  of  New  Hamp- 
shire, vol.  7,  p.  138.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  so  much  of  the  first  section 
of  the  act  passed  on  the  tenth  day  of  June  in  the  year  of  our  Lord 


78  LAWS   OF   NEW   HAMPSHIRE 

1803,  entitled  an  act  to  incorporate  the  New  Hampshire  Fire  and 
Marine  Insurance  Company,  as  limits  the  duration  of  said  corpora- 
tion to  the  term  of  twenty  years  from  the  passing  of  said  act,  be, 
and  the  same  hereby  is  repealed. 

Sec  2.  And  be  it  further  enacted  that  the  said  New  Hampshire 
Fire  and  Marine  Insurance  Company  be,  and  continue  a  body 
politic  and  corporate,  with  all  its  present  powers  and  liabilities,  until 
the  tenth  day  of  June  which  will  be  in  the  year  of  our  Lord  1825. 

Sec.  3.  Provided  however,  and  be  it  further  enacted  that  it  shall 
not  be  lawful  for  said  New  Hampshire  Fire  and  Marine  Insurance 
Company  to  make  insurance  upon  any  vessels,  goods,  or  freight, 
houses  or  buildings  after  the  10th  day  of  June  in  the  year  of  our 
Lord  1823. 


[CHAPTER  7.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act  entitled  "an  act  to  incorporate 
sundry  persons  by  the  name  of  the  president,  directors 

AND  COMPANY  OF  THE  EXETER  BANK",  APPROVED  DECEMBER   I 9th 
l803. 

[Approved  June  14,  1822.  Original  Acts,  vol.  27,  p.  32;  recorded  Acts, 
vol.  22,  p.  113.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  7,  p.  183.  See  acts  of  July  3,  1847,  Session  Laws,  1847,  Chap.  583;  July 
14,  1855,  id.,  1855,  Chap.  1750,  and  June  27,  1857,  id.,  1857,  Chap.  2034.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  court  convened,  That  the  said  act  entitled  an 
act  to  incorporate  sundry  persons  by  the  name  of  the  President, 
Directors,  and  company  of  the  Exeter  bank  shall  remain  and  con- 
tinue to  be  in  force  for  and  during  the  term  of  twenty  years  from 
and  after  the  first  day  of  January  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty  four,  during  which  term  the  said 
corporation  shall  continue,  and  shall  have  and  enjoy  all  the  rights, 
privileges  and  immunities  granted  to  it  by  said  act,  which  are  not 
inconsistent  with  this  act,  and  shall  be  subject  to  all  the  liabilities 
mentioned  and  provided  in  and  by  said  act  not  inconsistent  with  the 
provisions  of  this  act. 

Spc.  2.  And  be  it  further  enacted,  That  the  said  corporation 
shall  not  issue  and  have  in  circulation  at  any  one  time,  bills,  notes  or 
obligations  to  a  greater  amount  than  the  amount  of  the  capital 
stock  actually  paid  in  at  such  time,  and  then  composing  the  capital 
stock  of  said  b^nk.  And  in  case  any  cashier,  director  or  other  offi- 
cer of  said  bank  at  any  time  shall  knowingly  issue,  or  order,  direct 
or  cause  to  be  issued  and  put  in  circulation  bills,  notes  or  obliga- 
tions of  said  bank,  which  together  with  those  before  issued  and  then 


LAWS   OF   NEW   HAMPSHIRE  79 

in  circulation  shall  exceed  the  amount  of  the  capital  stock  of  said 
bank  as  aforesaid  such  cashier,  director  or  other  officer  shall  forfeit 
and  pay  a  sum  not  exceeding  ten  thousand  dollars  and  not  less  than 
one  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  That  dividends  may  be  made 
semiannually  among  the  stockholders  of  said  bank  of  interest  or 
profits  actually  received,  but  no  part  of  the  capital  stock  of  said 
bank  shall  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  corporation  be  divided  among 
or  paid  to  the  stockholders  without  the  license  of  the  Legislature 
of  this  State  therefor,  on  penalty  that  any  cashier,  director  or  other 
officer  who  shall  so  divide  or  pay  the  same,  or  order,  direct  or  cause 
the  same  to  be  done,  shall  therefor  forfeit  and  pay  a  sum  not  ex- 
ceeding ten  thousand  dollars,  nor  less  than  one  thousand  dollars. 
Provided  nevertheless,  that  it  shall  be  lawful  for  the  stockholders, 
after  having  given  one  year's  previous  notice  of  their  intention  by 
advertisement  in  two  newspapers  published  in  this  State,  and  after 
payment  of  all  outstanding  debts  due  from  said  bank,  to  make  a 
division  of  the  capital  stock  among  themselves,  and  thereby  dissolve 
said  corporation. 

Sec.  4.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
bank  shall  for  the  purposes  of  this  act  be  taken  and  deemed  to  be 
one  hundred  thousand  dollars,  being  the  amount  of  sums  actually 
paid  into  said  bank  by  the  stockholders,  and  now  composing  the 
capital  stock  thereof.  And  in  case  of  a  diminution  or  loss  of  any 
portion  thereof  by  reason  of  bad  or  desperate  debts  due  to  the  bank 
or  other  means  whatever,  it  shall  be  the  duty  of  the  Directors  in 
their  next  annual  return  of  the  condition  of  the  said  bank  by  law 
required  to  be  made  to  the  Governor  and  councill,  to  state  the 
amount  of  such  diminution  or  loss,  and  the  cause  thereof;  and  after 
such  loss  or  diminution  no  dividend  of  interest  or  profit  shall  be 
made  untill  such  loss  or  diminution  shall  be  replaced  and  supplied 
by  assessments  and  actual  payments  by  the  stockholders  or  by 
appropriations  therefor  of  the  interest  and  profits  actually  re- 
ceived. Provided  nevertheless,  that  the  capital  stock  of  said  bank 
may  be  increased  by  assessments  and  actual  payments  by  the  stock- 
holders to  any  sum  not  exceeding  in  amount  the  sum  limited  by  the 
original  act  of  incorporation,  and  such  payments  shall  thereupon 
be  added  to  said  one  hundred  thousand  dollars,  and  the  amount  of 
both  sums  shall  constitute  the  capital  stock. 

Sec.  5.  And  be  it  further  enacted,  That  the  Legislature  shall  at 
all  times  have  the  right  by  any  persons  duly  appointed  for  that  pur- 
pose to  examine  into  the  state,  condition  and  all  the  doings  and 
transactions  of  said  corporation,  and  of  its  officers  relating  to  the 
same;  for  which  purpose  all  the  books  and  papers  of  the  corpora- 
tion, together  with  its  money  and  securities  for  money,  shall  be  ex- 
hibited and  submitted  to  the  inspection  and  examination  of  such 


80  LAWS  OF   NEW   HAMPSHIRE 

persons  so  to  be  appointed;  and  each  officer  of  said  corporation 
shall  answer  on  oath,  if  required,  all  suitable  and  proper  interroga- 
tories relating  to  the  state,  condition  or  transactions  of  said  bank. 

Sec.  6.  And  be  it  further  enacted,  that  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 

[CHAPTER  8.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  certain  persons  by  the  name  of  the 
Milton  Social  Library — 

[Approved  June   14,   1822.     Original  Acts,  vol.  27,  p.  33;   recorded  Acts, 
vol.  22,  p.  117.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Gilman  Jewett,  Stephen  Drew, 
David  Wentworth,  John  Scates,  Isaac  Worster,  Josiah  Witham, 
Charles  Ricker,  Samuel  Blaisdell,  Hanson  Hayes,  and  their  asso- 
ciates proprietors  of  said  Library  and  all  who  may  hereafter  be- 
come proprietors  of  the  same  be,  and  they  hereby  are  incorporated 
into,  and  made  a  body  politic  and  corporate,  by  the  name  and  Style 
of  the  Milton  Social  Library  with  continuance  and  succession  for- 
ever; and  in  that  name  may  sue  and  be  sued,  prosecute  and  defend 
to  final  Judgment  and  execution,  and  are  hereby  vested  with  all  the 
powers  and  privileges  of  Corporations  of  a  similar  nature,  and  may 
enjoin  penalties  of  disfranchisement  or  fine  not  exceeding  four 
dollars  for  each  offence,  to  be  recovered  by  action  of  debt  to  their 
use  in  any  court  of  competent  Jurisdiction;  and  may  purchase  and 
receive  subscriptions,  grants  and  donations  of  personal  property 
not  exceeding  the  sum  of  one  thousand  dollars  for  the  use  of  their 
association — 

Sec.  2.  And  be  it  further  enacted  that  said  proprietors  be  and 
hereby  are  authorized  and  empowered  to  meet  at  Milton  aforesaid 
on  the  first  Saturday  of  October  annually,  to  choose  all  such  officers 
as  may  be  found  necessary  for  the  orderly  conducting  of  the  affairs 
of  said  association,  who  shall  continue  in  office  until  others  are 
chosen  in  their  room — And  the  said  corporation  may  convene  as 
often  as  may  be  found  necessary  for  the  filling  up  of  any  vacancies 
that  may  happen  in  said  officers,  and  for  transacting  all  other  business 
for  the  benefit  of  said  corporation  except  the  raising  of  money,  which 
shall  be  done  at  the  annual  meeting  and  at  no  other  time,  at  which 
annual  meeting  they  shall  vote  all  such  sums  as  shall  be  necessary 
to  defray  the  annual  expense  of  preserving  said  Library,  and  for 
enlarging  the  same;   and  may  make  and  establish  a  constitution, 


LAWS   OF   NEW  HAMPSHIRE  8  I 

rules  and  bye  laws  for  the  government  of  said  corporation,  provided 
the  same  be  not  repugnant  to  the  constitution  and  laws  of  this 
State — 

Sec  3.  And  be  it  further  enacted  that  Gilman  Jewett  before 
named  be,  and  he  hereby  is  authorized  and  empowered  to  call  the 
first  meeting  of  said  proprietors  at  such  time  and  place  as  may  be 
Judged  proper  in  said  town  of  Milton  by  posting  up  a  notification 
of  the  same  at  the  Meeting  house  in  said  town,  and  at  some  other 
public  place  therein,  at  least  fifteen  days  before  the  time  of  holding 
said  meeting,  and  the  said  Gilman  Jewett  may  preside  in  said  meet- 
ing until  a  Moderator  be  chosen;  and  the  proprietors  at  said  meet- 
ing shall  have  all  the  power  and  authority  to  establish  such  bye  laws, 
and  choose  all  such  officers  as  they  may  or  can  do  by  virtue  of  this 
act  at  their  annual  meeting 

[CHAPTER  9.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  establish  a  corporation  by  the  name  of  the  Salmon 
Falls  Manufacturing  Company. 

[Approved  June  17,  1822.  Original  Acts,  vol.  27,  p.  34;  recorded  Acts, 
vol.  22,  p.  120.    See  act  of  July  9,  1846,  Session  Laws,  1846,  Chap.  445.] 

Section  i. — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  James  Rundlett  and 
such  other  persons  as  shall  associate  with  him,  and  their  successors 
and  assigns  shall  be  and  hereby  are  constituted  and  made  a  corpo- 
ration by  the  name  of  the  Salmon  Falls  Manufacturing  Company 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution;  and  may  have  and  use  a  common 
seal  and  the  same  alter  and  renew  at  pleasure,  and  also  may  make, 
ordain  and  put  in  execution  such  by-laws  and  regulations  (not 
being  Contrary  to  the  constitution  &  laws  of  this  State)  as  shall  be 
necessary,  proper  and  convenient  for  the  government  of  said  corpo- 
ration and  the  due  management  of  its  concerns,  and  shall  be  and 
hereby  are  vested  with  all  the  privileges  and  powers  which  by  law 
are  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
bQ  and  the  same  is  hereby  empowered  to  carry  on  the  manufactures 
of  Woolen,  Cotton  and  other  goods  at  Salmon  Falls  River  and  also 
such  branches  of  manufacture  and  trade  as  can  be  conveniently 
carried  on  by  said  corporation,  and  to  purchase,  take  and  hold  real 
and  personal  estate  of  what  kind  or  nature  soever,  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  and  the  same  to  sell  and 


82  LAWS   OF    NEW   HAMPSHIRE 

dispose  of  at  pleasure;  and  to  erect  on  the  real  estate  to  be  purchased 
and  held  such  dams,  mills,  works,  machines  and  buildings  as  shall  be 
deemed  necessary  or  uselul  in  carrying  on  the  manufactures,  and 
conducting  the  business  of  the  corporation. 

Section  3.  And  be  it  further  enacted,  that  the  said  James  Rund- 
lett  may  call  the  first  meeting  of  the  members  of  said  corporation 
by  giving  ten  days  previous  notice  by  advertisement  in  some  news- 
paper published  in  the  town  of  Portsmouth,  at  which  meeting  a 
Clerk  shall  be  chosen,  who  shall  be  sworn  faithfully  to  discharge  the 
duties  of  his  office,  whose  duty  it  shall  be  to  record  the  proceedings 
and  doings  of  said  corporation,  and  to  perform  such  other  services 
as  the  by-laws  may  require,  and  at  the  same  or  any  subsequent 
meeting  duly  holden  the  said  members  may  prescribe  and  agree  on 
the  manner  of  calling  and  holding  future  meetings;  may  divide  their 
capital  or  joint  stock  into  such  number  of  shares  as  they  may  deem 
proper,  and  prescribe  the  mode  or  manner  in  which  the  shares  shall 
be  held  and  how  the  same  shall  be  transferred;  may  make  or  pro- 
vide for  the  making  of  assessments  on  the  shares  from  time  to  time 
as  occasion  may  require  and  fix  the  time  for  the  payment  of  the 
same;  may  appoint  and  constitute  such  officers,  servants  and  agents 
of  the  said  corporation  as  they  shall  think  necessary,  and  prescribe 
their  respective  duties,  and  may  do  or  transact  any  matter  or  thing 
relating  to  the  property,  business  or  concerns  of  the  said  corpora- 
tion. 

Section  4.  And  be  it  further  enacted,  that  at  all  meetings  of 
the  members  of  said  corporation  duly  notified  and  holden  each  mem- 
ber shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be 
the  owner  and  holder  of  in  said  corporation,  on  all  questions  that 
may  come  before  such  meetings,  and  absent  members  may  be  rep- 
resented and  vote  at  such  meetings  by  an  agent  for  that  purpose 
duly  authorized  by  writing  signed  by  the  member  or  members  to  be 
represented,  which  writing  shall  be  filed  with  the  Clerk  of  said  Cor- 
poration and  at  such  meetings  all  questions  shall  be  decided  by  a 
majority  of  the  votes  cast,  provided  however  that  in  the  assessment  of 
taxes  on  the  shares  in  said  corporation  three  fourths  of  the  votes 
cast  shall  be  required  to  make  such  assessment  binding  on  the  mem- 
bers of  said  corporation. 

Section  5. — And  be  it  further  enacted  that  the  shares  in  the  cap- 
ital or  joint  stock  of  the  corporation  shall  be  liable  and  holden  for 
the  payment  of  all  assessments  legally  made  thereon,  and  in  case 
of  neglect  of  any  member  to  pay  the  assessments  on  his  share  or 
shares  the  same  or  so  many  of  them  as  shall  be  sufficient  to  pay  the 
amount  of  the  assessment  or  assessments,  may  be  sold  or  transferred 
for  the  payment  of  the  same  in  such  manner  or  way  as  shall  be  pre- 
scribed by  the  by-laws  or  regulations  of  said  corporation— 


LAWS   OF    NEW    HAMPSHIRE  8  3 

[CHAPTER  10.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  a  company  by  the  name  of  the  pro- 
prietors OF  THE  SOUHEGAN  FACTORY. 

[Approved  June  24,  1822.  Original  Acts,  vol.  27,  p.  35;  recorded  Acts, 
vol.  22,  p.  123.] 

Section  i.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  James  W.  Bliss,  Asa 
Prichard,  Charles  Barrett,  their  associates,  successors  and  assigns, 
be,  and  they  hereby  are  incorporated  and  made  a  body  politic  by  the 
name  of  The  Proprietors  of  the  Souhegan  Factory;  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment 
and  execution,  and  be  known  and  distinguished  in  their  acts  and 
proceedings,  and  in  all  cases  whatever;  and  shall  be,  and  hereby 
are  vested  with  all  the  powers  and  privileges  which  are  by  law  inci- 
dent to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  be  and 
hereby  is  authorized  to  carry  on  the  manufacture  of  Cotton  or 
Woollen  Goods,  and  such  other  branches  of  business  as  shall  be 
necessarily  or  conveniently  connected  therewith,  at  New-Ipswich  in 
the  County  of  Hillsborough,  and  may  erect  such  mills,  mill-dams, 
buildings  and  machinery  as  may  be  necessary  or  convenient  for  con- 
ducting and  carrying  on  those  useful  manufactures. 

Sec.  3.  And  be  it  further  enacted.  That  said  Corporation  may 
purchase  and  hold  such  real  and  personal  estate  as  may  be  necessary 
or  useful  in  conducting  the  business  aforesaid,  and  for  the  con- 
venient management  thereof  upon  the  present  or  a  more  enlarged 
scale,  not  exceeding  two  hundred  thousand  dollars;  and  the  same 
may  sell,  alienate  and  dispose  of  at  pleasure. 

Sec.  4.  And  be  it  further  enacted.  That  either  of  the  persons 
above  named  mav  c^ll  .the  first  mating  of  said  proprietors,  to  be 
holden  at  any  suitable  time  and  nhce,  bv  advertisement  in  either 
of  the  newspapers  printed  at  Amherst,  twenty  days  at  least  pre- 
vious thereto,  or  bv  giving  at  bast  t^n  days'  personal  notice  of  the 
time  and  Dlace  of  meeting; — At  which  the  said  proprietors  may 
agree  on  the  method  of  calling  future  meetings;  and  at  the  same  or 
at  any  subsequent  meeting  duly  notified  and  holden,  thev  mav 
choose  a  cWk  and  all  cth^r  necessary  officers  for  conducting  the 
concerns  of  said  Corooration: — may  divide  their  capital  or  joint 
stock  into  such  number  of  shares  as  thev  may  deem  proper,  and 
agree  upon  the  method  of  transferring  them; — may  order  assess- 


84  LAWS  OF   NEW  HAMPSHIRE 

ments,  and  fix  the  time  of  their  payment; — may  pass  such  by-laws, 
not  repugnant  to  the  laws  of  the  State,  as  they  may  deem  proper 
for  their  regulation  and  government,  and  do  and  transact  any  busi- 
ness necessary  for  carrying  into  effect  the  objects  of  their  associa- 
tion. All  questions  shall  be  determined  by  a  majority  of  votes 
present  or  represented  at  any  meeting,  accounting  and  allowing  one 
vote  to  each  share  in  all  cases,  except  the  raising  of  money,  which 
shall  require  three  fourths  of  the  whole  number  of  votes  present; 
and  absent  members  may  vote  by  proxy,  being  authorized  in  writing 
signed  by  the  person  represented. 

Sec.  5.  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Corporation  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  non-payment  thereof 
within  the  time  fixed  for  their  payment,  the  said  share  or  shares 
may  be  sold  at  public  auction,  or  so  many  of  them  as  may  be  nec- 
essary to  pay  such  assessments,  with  incidental  charges,  under  such 
regulations  as  said  Corporation  may  in  its  by-laws  prescribe. 


[CHAPTER  11.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  divide  the  second  Regiment  of  Militia  in  this 
State. 

[Approved  June  26,  1822.  Original  Acts,  vol.  27,  p.  36;  recorded  Acts, 
vol.  22,  p.  126.  Session  Laws,  1822,  Chap.  11,  Laws,  1824  ed.,  p.  86.  Re- 
pealed by  act  of  January  2,  1829,  post.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  companies  in  the  towns 
of  Dover  and  Somersworth  shall  constitute  the  Second  Regiment — 
And  the  companies  in  the  towns  of  Rochester,  Farmington  and  Mil- 
ton shall  constitute  the  thirty  ninth  Regiment. 

Sec.  2.  And  be  it  further  enacted  that  the  thirty  ninth  regiment 
shall  be  annexed  to  the  second  Brigade 


LAWS  OF  NEW  HAMPSHIRE  85 

[CHAPTER  12.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  confirm  and  establish  the  westerly  boundary  line 
of  the  town  of  seabrook. 

[Approved  June  26,  1822.  Original  Acts,  vol.  27,  p.  37;  recorded  Acts, 
vol.  22,  p.  127.     Session  Laws,  1822,  Chap.   12.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  the  line  between  the 
towns  of  Kensington  and  Seabrook  and  the  line  as  determined  and 
extended  by  an  act  of  the  legislature  passed  December  fourth  one 
thousand  seven  hundred  and  forty  two  for  taking  off  part  of  the 
town  of  South-Hampton  and  annexing  the  same  to  Hamptonfalls; 
and  the  same  line  extended  in  the  same  direction,  being  south  four 
degrees  west,  to  the  present  line  between  this  state  and  the  Common- 
wealth of  Massachusetts,  shall  hereafter  be  the  westerly  boundary 
of  the  town  of  Seabrook,  and  all  the  lands,  non-resident  as  well  as 
resident,  and  the  waters  lying  easterly  thereof  to  the  sea,  shall  be- 
long to  the  town  of  Seabrook  for  the  purpose  of  taxation  and  juris- 
diction and  to  all  other  legal  and  constitutional  intents  and  purposes 
whatever; — Provided,  however,  that  any  part  thereof,  which  is  now 
the  publick  property  of  the  town  of  South  Hampton,  shall  be  exempt 
from  taxation  so  long  as  the  same  shall  belong  to  that  corporation. 

Sect.  2.  And  be  it  further  enacted,  that  thirty  cents  shall  be 
taken  from  the  proportion  of  publick  taxes  established  for  the  town 
of  South  Hampton  and  be  added  to  the  proportion  of  the  town  of 
Seabrook,  &  that  the  Treasurer  shall  issue  his  warrants  accordingly 
until  a  new  proportion  of  taxes  be  established. 


[CHAPTER  13.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  in  addition  to  an  Act  entitled  An  Act  to  incorporate 
certain  persons  by  the  name  of  the  proprietors  of  the 
Washington  library  passed  June  29,  1821. 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  38;  recorded  Acts, 
vol.  22,  p.  129.     See  act  referred  to,  ante,  p.  48.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  proprietors  of  said  library  at  any 
annual  meeting  may  divide  their  joint  Stock  into  any  number  of 


86  LAWS   OF    NEW    HAMPSHIRE 

shares,  not  exceeding  one  hundred,  instead  of  fifty  as  is  provided  by 
the  section  of  the  act  to  which  this  is  an  addition,  and  that  no  pro- 
prietor shall  have  more  than  one  vote  instead  of  the  manner  in  the 
aforesaid  Act  provided. 


[CHAPTER  14.] 

State  oj  \ 

New  Hampshire.  \ 

An  act  for  incorporating  certain  persons  by  the  name  of  the 
proprietors  of  the  lltchfield  social  library 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  39;  recorded  Acts, 
vol.  22,  p.  130.] 

Sec.  1.  Be  it  enacted  by  the  senate  and  house  of  representatives 
in  General  Court  convened,  that  John  White,  Moses  Chase,  Joseph 
Chase  Jur.  Frederick  Chase  and  William  Read  Jur.  and  their  asso- 
ciates proprietors  of  said  Library,  and  all  such  as  may  hereafter 
become  proprietors  of  the  same,  be  and  they  are  hereby  incor- 
porated into  a  body  politick  by  the  name  of  "the  proprietors  of 
Litchfield  Social  Library"  with  continuation  and  succession  forever, 
and  in  that  name  may  sue  and  be  sued  in  all  actions  personal  and 
may  prosecute  and  defend  the  same  to  final  Judgement  and  Execu- 
tion, and  they  are  hereby  vested  with  all  the  powers  and  privileges 
incident  to  Corporations  of  a  similar  nature,  and  may  enjoin  pen- 
alties of  disfranchisement  or  fine,  not  exceeding  four  dollars  for 
each  offence  to  be  recovered  by  said  society  in  an  action  of  debt 
to  their  use  in  any  court  proper  to  try  the  same,  and  they  may  make, 
purchase  and  receive  subscriptions,  grants,  and  donations  of  per- 
sonal estate  not  exceeding  one  thousand  five  hundred  dollars,  for 
the  purpose  and  use  of  said  association — 

Sec.  2.  And  be  it  further  enacted,  that  said  society  be  and  they 
are  hereby  authorized  to  assemble  at  Litchfield  aforesaid  on  the 
first  monday  of  November  next  and  forever  after  on  the  first  mon- 
day  of  November  annually  to  choose  all  such  officers  as  may  be 
found  necessary  for  the  orderly  conducting  of  the  affairs  of  said 
Corporation  who  shall  continue  in  office  until  others  are  chosen 
in  their  stead,  and  that  said  corporation  may  assemble  as  often  as 
may  be  found  necessary  for  filling  up  any  vacancies  which  may 
happen  in  said  offices  and  for  transacting  all  other  business,  except- 
ing raising  of  money  which  shall  at  all  times  be  done  at  their  annual 
meeting  and  at  no  other  time,  and  at  which  time  they  shall  vote  all 
necessary  sums  for  defraying  the  annual  expence  for  preserving 
said  Library  and  for  increasing  the  same.  And  said  Corporation 
shall  have  power  to  make  such  rules  and  bye  Laws  for  the  govern- 


LAWS  OF   NEW   HAMPSHIRE  87 

ment  of  said  society  as  may  from  time  to  time  be  found  necessary- 
Provided  the  same  be  not  repugnant  to  the  Constitution  and  laws 
of  this  State. 

Sec.  3.     And  be  it  further  enacted,  that  John  White  or  Moses 
Chase  be  hereby  authorized  and  empowered  to  call  the  first  meeting 
of  said  proprietors  at  such  time  and  place  in  said  town  as  they  may 
appoint,  by  giving  personal  notice  of  the  time  and  place  of  holding 
said  meeting  at  least  seven  days  prior  to  the  holding  said  meeting, 
or  by  posting  a  notification  at  some  public  place  in  said  town  ex- 
pressing the  design  of  said  meeting  at  least  fifteen  days  before  the 
time  of  holding  said  meeting;  and  the  said  proprietors  at  said  meet- 
ing shall  have  the  same  power  to  choose  officers  and  make  bye  laws, 
as  they  have  by  this  act  at  their  annual  meeting — and  the  said  John 
White  or  Moses  Chase  shall  preside  in  said  meeting  until  a  presiding 
officer  shall  be  chosen,  and  in  case  a  majority  of  said  proprietors 
shall  not  convene  on  that  day,  a  less  number  shall  have  a  right  to 
adjourn  from  time  to  time  until  a  majority  shall  assemble — 


[CHAPTER  15.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Village  Library  Society  in  Gilmanton. 

[Approved  June  2j,  1822.  Original  Acts,  vol.  27,  p.  40;  recorded  Acts, 
vol.  22,  p.  132.] 

Section  i.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jeremiah  Sawyer,  Peter 
Clark,  James  Weymouth,  David  Johnston,  John  B.  Gilman  and 
Charles  Lane,  and  their  Associates,  proprietors  of  said  Library,  and 
all  such  as  are  or  hereafter  may  become  proprietors  of  the  same,  be, 
and  they  hereby  are  incorporated  into  and  made  a  body  politic 
and  corporate,  by  the  name  and  style  of  The  Village  Library  Society, 
with  continuance  and  succession  forever;  and  in  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execution, 
and  are  hereby  vested  with  all  the  powers  and  privileges  of  corpo- 
rations of  a  similar  nature;  and  may  enjoin  penalties  of  disfran- 
chisement, or  fine  not  exceeding  four  dollars  for  each  offence,  to  be 
recovered  by  action  of  debt,  to  their  own  use,  in  any  court  of  com- 
petent jurisdiction;  and  may  purchase  and  receive  subscriptions, 
grants  and  donations  of  personal  propertv.  not  exceeding  the  sum 
of  one  thousand  dollars,  for  the  use  of  their  Association. 

Sec.  2.  And  be  it  further  enacted.  That  said  proprietors  be,  and 
they  hereby  are  authorized  and  empowered  to  meet  at  Gilmanton 


88  LAWS  OF   NEW  HAMPSHIRE 

aforesaid  on  the  first  monday  of  September  annually,  to  choose  all 
such  officers  as  may  be  found  necessary  for  the  orderly  conducting 
of  the  affairs  of  said  Association,  who  shall  continue  in  office  until 
others  are  chosen  in  their  room;  and  the  said  Corporation  may  con- 
vene as  often  as  may  be  found  necessary  for  the  filling  up  of  any 
vacancies  that  may  happen  in  said  offices,  and  for  transacting  all 
other  business  for  the  benefit  of  said  Corporation,  excepting  the 
raising  of  money,  which  shall  be  done  at  their  annual  meeting,  and 
at  no  other  time: — at  which  annual  meeting  they  shall  vote  all  such 
sums  as  shall  be  necessary  for  defraying  the  annual  expense  of  pre- 
serving said  Library  and  for  enlarging  the  same;  and  may  make 
and  establish  a  constitution,  rules  and  by-laws,  for  the  government 
of  said  Corporation:  provided  the  same  be  not  repugnant  to  the 
constitution  and  laws  of  this  State. 

Sec.  3.  And  be  it  further  enacted,  That  the  persons  above 
named,  or  any  two  of  them,  be,  and  they  hereby  are  authorized 
and  empowered  to  call  the  first  meeting  of  said  Corporation,  at  any 
such  time  and  place  as  may  be  judged  proper,  in  said  town  of  Gil- 
manton,  by  posting  up  a  notification  of  the  same  at  the  reverend 
Peter  Clark's  meeting-house  (so  called)  in  said  Gilmanton,  and 
some  other  public  place  therein,  at  least  fifteen  days  before  the  time 
of  holding  said  meeting,  and  to  preside  in  said  meeting  until  a 
moderator  shall  be  chosen;  and  the  proprietors  at  said  meeting  shall 
have  all  the  power  and  authority  to  establish  such  by-laws,  and 
choose  all  such  officers  as  they  may  or  can  do  by  virtue  of  this  act 
at  their  annual  meeting. 


[CHAPTER  16.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  Hiram  Lodge,  number  Nine. 

[Approved  June  27,    1822.     Original  Acts,  vol.  27,  p.  41 ;   recorded  Acts, 
vol.  22,  p.  135.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonathan  Nye,  Godfrey 
Stevens,  Nathan  Bingham,  Roswell  Elmer,  and  their  Associates 
and  successors,  be,  and  they  hereby  are  created  a  Corporation  by 
the  name  of  Hiram  Lodge,  number  Nine,  with  power  to  take  and 
hold  real  and  personal  estate,  not  exceeding  three  thousand  dollars 
in  value,  and  with  all  the  powers  and  rights  of  similar  corporations. 

Sec.  2.  And  be  it  further  enacted,  That  Jonathan  Nye,  Godfrey 
Stevens  and  Nathan  Bingham,  or  any  two  of  them,  shall  call  the 
first  meeting  of  said  Corporation  at  such  time  and  place  as  they 
may  designate,  by  giving  public  notice  thereof  fifteen  days  prior  to 


LAWS   OF    NEW   HAMPSHIRE  89 

the  time  of  meeting;  and  at  the  same  or  any  subsequent  meeting, 
said  Corporation  may  elect  officers,  and  make  any  by-laws  not  re- 
pugnant to  the  laws  of  the  State. 

[CHAPTER  17.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Canaan  Musical  Society. 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  42;  recorded  Acts, 
vol.  22,  p.  136.] 

Sec  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  John  Currier,  Timothy  Tilton, 
Moses  Kelley,  their  associates  and  such  as  may  hereafter  become 
members  of  said  Society,  be,  and  they  hereby  are,  made  a  corpora- 
tion by  the  name  of  the  Canaan  Musical  Society,  with  power  to 
hold  personal  estate  not  exceeding  One  thousand  dollars,  and  with 
all  other  powers  and  privileges  incident  to  corporations  of  a  similar 
nature. 

Sec.  2(1  And  be  it  further  enacted,  that  John  Currier,  Timothy 
Tilton,  Moses  Kelley,  or  any  two  of  them  may  call  the  first  meeting 
of  said  society,  at  any  suitable  time  and  place,  by  posting  up  a 
notification  for  that  purpose  at  two  public  places  in  said  Canaan, 
at  least  fifteen  days  prior  to  said  meeting; — at  which  the  members 
thereof  shall  choose  such  officers  as  they  think  proper;  shall  agree 
on  method  of  calling,  and  time  of  further  meetings,  and  establish 
all  such  other  Rules  and  By-Laws  for  their  regulation  and  govern- 
ment (not  repugnant  to  Laws  of  New  Hampshire),  as  they  may 
think  just  and  reasonable, — said  By-Laws  being  subject  to  addition 
and  amendment  at  any  future  stated  meeting. 


[CHAPTER  18.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Union  Musical  Society  in  Gilford. 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  43;  recorded  Acts, 
vol.  22,  p.  137.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  William  H.  Y.  Hackett, 
William  Blaisdell,   Aaron   C.   Blaisdell,  Nathaniel   Goodhue,   their 


90  LAWS   OF    NEW   HAMPSHIRE 

associates  and  such  as  may  hereafter  become  members  of  said  So- 
ciety are  hereby  incorporated  and  made  a  body  politick  by  the 
name  of  the  Union  Musical  Society  in  Gilford,  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be  de- 
fended to  final  judgment  and  execution  and  are  hereby  invested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a  sim- 
ilar nature. 

Sect.  2.  And  be  it  further  enacted  that  William  H.  Y.  Hackett 
and  William  Blaisdell  may  call  the  first  meeting  of  said  Society  at 
any  suitable  time  and  place  by  posting  a  notification  for  that  pur- 
pose at  two  public  places  in  said  Gilford  at  least  fifteen  days  prior 
to  such  meeting  at  which  meeting  the  members  shall  choose  a  clerk 
and  may  establish  such  bye-laws  as  they  may  think  proper  not  re- 
pugnant to  the  laws  of  this  State. 

Sec.  3.  And  be  it  further  enacted,  that  said  corporation  may 
receive  hold  and  enjoy  by  gift,  grant,  or  otherwise  personal  estate 
to  any  amount  not  exceeding  one  thousand  dollars. 


[CHAPTER  19.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  Warner  Lodge  No.  35. 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  44;  recorded  Acts, 
vol.  22,  p.  138.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  that  Thomas  R.  White, 
Henry  B.  Chase,  and  Harrison  G.  Harris  and  their  associates  and 
successors  be  and  they  are  hereby  constituted  and  made  a  body 
corporate  and  politic  forever  by  the  name  of  Warner  Lodge  No. 
35  and  by  that  name  may  sue  and  be  sued  plead  and  be  impleaded, 
prosecute  and  be  prosecuted  to  final  judgment  and  execution,  and 
may  make,  have  and  use  a  common  seal,  and  the  same  may  break, 
alter  or  renew  at  pleasure — and  may  hold  real  and  personal  estate 
not  exceeding  in  amount  the  sum  of  three  thousand  dollars — and 
shall  have  and  possess  all  the  powers  and  privileges  incident  to  cor- 
porations of  a  similar  nature. 

Section  2.  Be  it  further  enacted,  that  Thomas  R.  White  Henry 
B.  Chase  and  Harrison  G.  Harris  or  any  two  of  them  may  call  the 
first  meeting  of  said  corporation  by  giving  public  notice  of  the  same 
in  some  newspaper  printed  in  Concord,  three  weeks  at  least  before 
the  day  of  holding  such  meeting — And  at  said  meeting  may  choose 
such  officers  and  make  and  establish  such  rules  and  regulations  as 
to  them  shall  seem  proper.  Provided  such  rules  and  regulations 
shall  not  be  repugnant  to  the  Constitution  and  laws  of  this  State. 


LAWS  OF   NEW   HAMPSHIRE  9 1 

[CHAPTER  20.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Exeter  Mechanic  association. 

[Approved  June  27,  1822.  Original  Acts,  vol.  27,  p.  45;  recorded  Acts, 
vol.  22,  p.  140.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre.- 
sentatives  in  General  Court  convened.  That  Theodore  Moses, 
Nathaniel  Conner,  Oliver  Towle,  James  Odlin,  Josiah  G.  Smith, 
William  Odlin  Ju1'  James  Burley,  Francis  Grant,  Freese  Dearborn, 
Jeremiah  Dow  and  Josiah  C.  Smith  and  their  associates,  together 
with  such  others  as  may  hereafter  become  members  with  them,  be, 
and  they  are  hereby  incorporated  into  a  body  politic  and  corporate 
forever,  by  the  name  of  the  Exeter  mechanic  association;  for  the 
purpcse  of  benevolence,  and  for  promoting  useful  improvements  & 
knowledge  in  the  Mechanic  Arts. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  corporation  be 
and  they  are  made  capable  in  law  of  having,  holding,  purchasing 
and  taking  in  fee  simple,  or  any  less  estate  by  gift,  grant  or  pur- 
chase, any  lands,  tenements  or  other  estate  real  or  personal  pro- 
vided the  annual  income  thereof  shall  not  exceed  the  sum  of  one 
thousand  dollars;  also  to  sell,  demise  or  dispose  of  the  same  estate, 
real  or  personal  for  the  purposes  above  mentioned. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  corporation 
shall  have  full  power  and  authority,  to  make,  have,  and  use  a 
common  seal,  and  the  same  to  break,  alter  and  renew  at  pleasure; 
that  it  shall  be  capable  in  law  to  sue  and  be  sued,  prosecute  & 
defend  in  all  courts  of  record,  or  other  courts  and  places  what- 
soever, in  all  actions  real,  personal  or  mixed,  and  to  execute  all 
matters  and  things  that  may  appertain  to  them. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  corporation 
may  make,  establish  and  put  in  execution  all  such  regulations  and 
bylaws  as  may  be  necessary  for  the  Government  of  said  corpora- 
tion, provided  the  same  be  not  repugnant  to  the  constitution  and 
laws  of  this  State,  and  shall  have  such  officers  as  they  shall  here- 
after appoint  and  elect  from  time  to  time,  and  such  officers  shall 
be  designated  by  the  regulations  of  the  said  corporation,  and  shall 
be  capable  of  exercising  such  powers  as  shall  be  fixed  and  deter- 
mined by  the  said  laws  and  regulations. 

Sec.  5.  And  be  it  further  enacted,  That  the  time  for  holding 
the  first  meeting  under  the  authority  of  this  act,  shall  be  on  the 
first  Wednesday  of  September  next;  which  shall  be  done  by  giving 


92  LAWS  OF   NEW  HAMPSHIRE 

public  notice,  at  least  seven  days  prior  to  said  meeting,  in  the  Ports- 
mouth Journal,  expressing  the  time  and  place  of  said  meeting;  and 
Theodore  Moses  is  hereby  authorised  to  call  the  same. 


[CHAPTER  21.] 

State  of  | 

New  Hampshire.  \ 

An    Act    to    incorporate    Mount    Lebanon    Lodge    Number 
thirty  two 

[Approved  June  28,  1822.  Original  Acts,  vol.  27,  p.  46;  recorded  Acts, 
vol.  22,  p.  142.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Aaron  Martin,  Jona- 
than Piper,  Lyman  B.  Walker,  Stephen  P.  Tolman  and  John  T. 
Coffin,  and  their  associates  and  successors  be  and  hereby  are 
created  a  corporation  by  the  name  of  "Mount  Lebanon  Lodge  No. 
32",  with  power  to  hold  any  estate  not  exceeding  three  thousand 
dollars  in  value  and  with  all  other  powers  common  to  similar 
Masonic  corporations. 

Section  2.  And  be  it  further  enacted,  that  said  Aaron  Martin, 
Jonathan  Piper,  and  Lyman  B.  Walker  or  any  two  of  them  may 
call  the  first  meeting  of  said  corporation  at  such  time  and  place  and 
in  such  publick  manner  as  they  may  deem  proper. 


[CHAPTER  22.] 

State  of  ) 

New  Hampshire.  \ 

An  act  altering  the  name  and  Stile  of  the  Keene  Engine 
Company. 

[Approved  June  28,  1822.  Original  Acts,  vol.  27,  p.  47;  recorded  Acts, 
vol.  22,  p.  144.  See  act  of  incorporation  dated  June  13,  1808,  Laws  of  New- 
Hampshire,  vol.  7,  p.  659.  See  additional  acts  of  June  29,  1825,  post,  and 
June  18,  1836,  Session  Laws,  June,  1836,  Private  Acts,  Chap.  79.] 

Be  it  enacted  by  the  Senate  and  house  of  Representatives  in 
general  Court  convened,  that  the  name  of  the  Keene  Engine  Com- 
pany, be  altered  to  the  name  of  the  Keene  fire  Society,  and  by  that 
name  in  future  be  known  and  called. 


LAWS   OF   NEW  HAMPSHIRE  93 

[CHAPTER  23.] 


State  of 
New  Hampshire. 


An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Claremont 
Bank. 

[Approved  June  28,  1822.  Original  Acts,  vol.  27,  p.  48;  recorded  Acts, 
vol.  22,  p.  144.  Session  Laws,  1822,  Appendix,  p.  1.  See  acts  of  July  10, 
1846,  id.,  1846,  Chap.  402;  June  23,  1848,  id.,  June,  1848,  Chap.  667;  January 
3,  1849,  id.,  November,  1848,  Chap.  787,  and  July  12,  1850,  id.,  1850,  Chap. 
1031.] 

Section  i.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Tappan,  David 
Dexter,  Josiah  Stevens,  Ezra  Jones,  Samuel  Fiske,  George  B.  Up- 
ham,  Isaac  Hubbard,  their  associates,  and  those  who  may  hereafter 
become  associates  in  said  Bank,  their  successors  and  assigns,  shall 
be,  and  they  hereby  are  created  and  made  a  corporation  by  the 
name  of  the  President,  Directors  and  Company  of  the  Claremont 
Bank;  and  shall  so  continue  from  the  first  day  of  March  next  until 
the  expiration  of  twenty  years  next  following;  and  by  that  name 
shall  be,  and  hereby  are  made  capable  in  law  to  sue  and  be  sued, 
plead  and  be  impleaded,  defend  and  be  defended  in  any  court  of 
record,  or  any  other  place  whatever;  and  also,  to  make,  have  and 
use  a  common  seal,  and  the  same  again  at  pleasure  to  break,  alter 
or  renew;  and  also,  to  ordain,  establish,  and  put  in  execution  such 
by-laws,  ordinances  and  regulations,  not  repugnant  to  the  laws  of 
the  State,  as  to  them  shall  appear  necessary  and  convenient  for 
their  regulation  and  government,  and  for  the  prudent  management 
of  the  affairs  of  said  Corporation;  Subject  always  to  the  rules,  re- 
strictions, limitations  and  provisions  herein  after  prescribed. 

Sec.  2.  And  be  it  further  enacted,  That  the  capital  stock  of  said 
Corporation  shall  consist  of  a  sum  not  less  than  fifty  thousand 
dollars,  nor  more  than  one  hundred  and  fifty  thousand  dollars,  in 
specie,  and  shall  be  divided  into  one  thousand  shares: — And  the 
stockholders,  at  their  first  meeting  shall,  by  a  majority  of  votes, 
determine  the  amount  of  payments  to  be  made  on  each  share,  and 
the  time  when  they  shall  be  made;  also,  the  mode  of  transferring 
and  disposing  of  the  stock  and  the  profits  thereof;  which  being 
entered  on  the  books  of  said  Corporation,  shall  be  binding  on  the 
stockholders,  their  successors  and  assigns:  Provided  that  no  stock- 
holder shall  be  allowed  to  borrow  at  said  Bank  until  he  shall  have 
paid  in  his  full  proportion  of  said  sum  of  fifty  thousand  dollars  at 
least.  And  said  Corporation  is  hereby  made  capable  in  law  to  have; 
hold,  purchase,  and  receive,  possess,  enjoy  and  retain  to  them,  their 
successors  and  assigns,  lands,  rents,  tenements  and  hereditaments, 


94  LAWS   OF    NEW   HAMPSHIRE 

to  the  amount  of  ten  thousand  dollars,  and  no  more  at  any  one 
time,  with  power  to  bargain,  sell  and  dispose  of  the  same;  and  to 
loan  and  negotiate  their  monies  and  effects,  by  discounting  on  bank- 
ing principles,  on  such  personal  security  as  they  shall  think  advis- 
able. 

Sec.  3.  And  be  it  further  enacted,  That  the  following  rules, 
limitations  and  provisions,  shall  form  and  be  the  fundamental  arti- 
cles of  said  Corporation:  — 

1  st.  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation at  any  one  time  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in  at 
such  time,  and  then  composing  the  capital  stock  of  said  Bank.  And 
in  case  any  cashier,  director  or  other  officer  of  said  Bank,  at  any 
time,  shall  knowingly  issue,  or  order,  direct  or  cause  to  be  issued 
and  put  in  circulation  bills,  notes  or  obligations  of  said  Bank,  which 
together  with  those  before  issued  and  then  in  circulation,  shall  ex- 
ceed the  amount  of  the  capital  stock  of  said  Bank  as  aforesaid, 
such  cashier,  director  or  other  officer  shall  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars,  nor  less  than  one  thousand 
dollars. 

2d.  That  dividends  may  be  made  semi-annually  among  the 
stockholders  of  said  Bank  of  interest  or  profits  actually  received, 
but  no  part  of  the  capital  stock  of  said  Bank  shall,  either  before 
or  after  the  expiration  of  the  time  limited  by  this  act  for  the  con- 
tinuance of  said  Corporation,  be  divided  among  or  paid  to  the  stock- 
holders without  the  licence  of  the  Legislature  of  this  State  therefor, 
on  penalty  that  any  cashier,  director  or  other  officer,  who  shall  so 
divide  or  pay  the  same,  or  order,  direct  or  cause  the  same  to  be 
done,  shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thou- 
sand dollars,  nor  less  than  one  thousand  dollars: — Provided  never- 
theless, that  it  shall  be  lawful  for  the  stockholders,  after  having 
given  one  year's  previous  notice  of  their  intention,  by  advertise- 
ment in  two  newspapers  published  in  this  State,  and  after  payment 
of  all  outstanding  debts  due  from  said  Bank,  to  make  division  of 
the  capital  stock  among  themselves,  and  thereby  dissolve  said  Cor- 
poration. 

3d.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank,  by  reason  of  bad 
or  desperate  debts  due  to  the  Bank,  or  other  means  whatever,  it 
shall  be  the  dutv  of  the  directors  in  their  next  annual  return  of  the 
condition  of  said  Bank  by  law  required  to  be  made  to  the  Governor 
and  Council,  to  state  the  amount  of  such  diminution  or  loss,  and 
the  cause  thereof;  and  after  such  loss  or  diminution,  no  dividend  of 
interest  or  profit  shall  be  made  until  such  loss  or  diminution  shall 
be  replaced  and  supplied  by  assessments  and  actual  payments  bv 
the  stockholders,  or  by  appropriations  therefor,  of  the  interest  and 
profits  actually  received. 


LAWS   OF   NEW   HAMPSHIRE  95 

4th.  That  said  Corporation  shall  not  vest,  use  nor  improve  any 
of  its  monies,  goods,  chattels  or  effects  in  trade  or  commerce;  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  its  possession  by 
way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5th.  That  none  but  a  member  of  said  Corporation,  being  a  citi- 
zen of  this  State,  and  resident  therein,  shall  be  eligible  for  a  di- 
rector; and  the  directors  shall  choose  one  of  their  own  number  to 
act  as  president.  The  cashier  before  he  enters  on  the  duties  of  his 
office,  shall  give  bond  with  two  or  more  sureties  to  the  satisfaction 
of  the  board  of  directors  in  a  sum  not  less  than  ten  thousand  dollars, 
with  condition  for  the  faithful  performance  of  the  duties  of  his 
office. 

6th.  That  for  the  well  ordering  of  the  affairs  of  said  Corpora- 
tion a  meeting  of  the  stockholders  from  and  after  their  first  meet- 
ing shall  be  holden  at  such  place  as  they  shall  direct,  on  the  first 
Monday  of  March  annually,  and  at  any  other  time  during  the  con- 
tinuance of  said  Corporation,  at  such  place  as  may  be  appointed  by 
the  president  and  directors  for  the  time  being,  by  public  notifica- 
tion being  given  at  least  two  weeks  prior  thereto;  at  which  annual 
meeting  there  shall  be  chosen  by  ballot  seven  directors  to  continue 
in  office  the  year  ensuing  their  election;  and  the  number  of  votes  to 
which  each  stockholder  shall  be  entitled  shall  be  according  to  the 
number  of  shares  he  shall  hold  in  the  following  proportion — that  is 
to  say;  For  every  one  share,  one  vote;  for  every  two  shares  above 
one  and  not  exceeding  twenty,  one  vote;  for  every  three  shares 
above  twenty,  one  vote:  provided,  that  no  one  stockholder  shall 
be  entitled  to  more  than  fifteen  votes.  Absent  members  may  vote 
by  proxy,  being  authorized  in  writing  signed  by  the  person  repre- 
sented, and  filed  with  the  cashier. 

7th.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  stockholders  may  make  the  president  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8th.  That  no  less  than  four  directors  shall  constitute  a  board 
for  the  transaction  of  business,  of  whom  the  president  shall  be  one, 
except  in  case  of  sickness  or  necessary  absence,  in  which  case  the 
directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9th.  That  all  bills  issued  from  the  Bank  aforesaid,  signed  by 
the  president  and  countersigned  by  the  cashier,  shall  be  binding 
on  said  Corporation. 

ioth.  That  the  directors  shall  appoint  a  cashier,  clerks  and 
such  other  officers,  agents  or  servants  for  conducting  the  business  of 
the  Bank,  with  such  salaries  as  to  them  shall  seem  just  and  proper. 

nth.  That  the  said  Bank  shall  be  established  and  kept  in  the 
town  of  Claremont  in  the  county  of  Cheshire. 


96  LAWS  OF   NEW   HAMPSHIRE 

1 2th.  That  the  Legislature  shall  at  all  times  have  the  right,  by 
persons  duly  appointed  for  that  purpose,  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion, and  of  its  officers  relating  to  the  same;  for  which  purpose  all 
the  books  and  papers  of  the  Corporation,  together  with  its  money 
and  securities  for  money,  shall  be  exhibited  and  submitted  to  the 
inspection  and  examination  of  such  persons  so  appointed;  and  each 
officer  of  said  Corporation  shall  answer  on  oath,  if  required,  all 
suitable  and  proper  interrogatories  relating  to  the  state,  condition 
or  transactions  of  said  Bank. 

Sec.  4.  And  be  it  further  enacted,  That,  the  said  John  Tappan, 
David  Dexter  and  Josiah  Stevens,  or  any  two  of  them,  may  call  a 
meeting  of  the  members  of  said  Corporation,  as  soon  as  may  be, 
at  such  time  and  place  as  they  may  see  fit,  by  giving  publick  notice 
thereof  at  least  two  weeks  prior  to  the  time  of  meeting  by  posting 
up  notifications  therefor  at  some  publick  place  in  the  towns  of 
Claremont,  Charlestown,  Cornish  and  Newport,  for  the  purpose  of 
making,  ordaining  and  establishing  such  by-laws,  ordinances  and 
regulations,  as  the  said  members  may  deem  necessary,  and  for  the 
choice  of  the  first  board  of  directors,  and  such  other  officers  as  they 
may  see  fit  to  choose. 

Sec.  5.  And  be  it  further  enacted,  That  all  penalties  incurred 
for  the  breach  of  any  of  the  provisions  of  this  act  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 


[CHAPTER  24.] 


State  of  ) 

New  Hampshire.  \ 


An  Act,  to  incorporate  Mount-Vernon  Lodge  N°  15. 

[Approved  July  i,  1822.  Original  Acts,  vol.  27,  p.  49;  recorded  Acts, 
vol.  22,  p.  152.     See  act  of  July  2,  1867,  Session  Laws,  1867,  Chap.  105.] 

Sect.  ist  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened.  That  Joseph  Healy,  David 
Farnsworth  and  Joseph  W.  White,  and  their  associates  and  Suc- 
cessors shall  be  and  hereby  are  erected  and  made  a  Corporation  and 
body  politic  by  the  name  of  Mount-Vernon  Lodge  N°  15.  and  by 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  to  final  judgment  and  execution,  and  may  have  a 
common  seal,  and  the  same  may  alter  at  pleasure,  and  shall  have 
and  possess  all  the  powers,  incident  to  Corporations  of  a  similar 
nature,  and  may  have,  hold,  and  enjoy  real  and  personal  estate,  not 
exceeding  in  amount  the  sum  of  two  thousand  Dollars:  and  the 
same  may  sell,  alienate  and  dispose  of  at  pleasure. 


LAWS   OF   NEW  HAMPSHIRE  97 

Sect.  2'"1  And  be  it  further  enacted,  That  Joseph  Healy,  David 
Farnsworth  and  Joseph  W.  White  or  any  two  of  them,  may  call  a 
meeting  of  said  Corporation,  to  be  holden  at  Washington  in  the 
County  of  Cheshire,  at  such  time  as  they  shall  think  expedient,  by 
advertisement  in  the  Farmer's  Cabinet  printed  at  Amherst,  fifteen 
days  previous  to  the  time  of  meeting,  at  which  meeting,  the  Mem- 
bers of  said  Corporation  by  a  vote  of  the  majority  of  those  present, 
shall  choose  such  Officers,  and  enact  such  bye-laws  as  they  may 
think  proper,  for  the  regulation  and  government  of  said  Corpora- 
tion; Provided,  said  bye-laws  are  not  repugnant  to  the  Constitution 
and  Laws  of  this  State. 


[CHAPTER  25.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  an  act  to  authorize 
towns  to  make  by-laws  to  prevent  horses,  mules,  jacks, 
neat  cattle,  sheep  and  swine  from  going  at  large  passed 
June  17™  1811— 

[Approved  July  1,  1822.  Original  Acts,  vol.  27,  p.  50;  recorded  Acts, 
vol.  22,  p.  154.  Session  Laws,  1822,  Chap.  2$.  Laws,  1824  ed.,  p.  47;  id., 
1830  ed.,  p.  201.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  8,  p.  17.  See  also  acts  of  June  16,  1791,  id.,  vol.  5,  p.  761;  February  22, 
1794,  id.,  vol.  6,  p.  175;  January  14,  1795,  id.,  p.  232,  and  December  13,  1836, 
Session  Laws,  November,  1836,  Chap.  283.  Repealed  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap  230.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  any  town  at  its  annual  meet- 
ing or  at  any  meeting  legally  holden  for  the  purpose,  may  make 
by-laws  to  prevent  horses  or  horse  kind,  mules,  jacks,  neat  cattle, 
sheep  and  swine  from  going  at  large  in  any  street,  highway  or  com- 
mon or  in  any  public  place  within  its  jurisdiction  at  any  time  during 
the  year  on  the  penalty  that  the  owner  or  owners  shall  forfeit  a  sum 
not  exceeding  four  dollars  for  the  breach  of  any  bylaw  so  made  and 
which  shall  be  recovered  in  the  same  way  and  manner  as  is  pro- 
vided in  the  act  to  which  this  is  addition— 


9^  LAWS   OF    NEW    HAMPSHIRE 

[CHAPTER  26.] 

State  oj  I 

New  Hampshire.  \ 


An  Act  in  addition  to  and  in  amendment  of  an  act  declaring 
the  mode  of  conve 
February  A.  D.  1791 


THE    MODE    OF    CONVEYANCE    BY    DEED    PASSED    THE    IOT"    DAY    OF 


[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  51;  recorded  Acts, 
vol.  22,  p.  155.  Session  Laws,  1822,  Chap.  26.  Laws,  1824  ed.,  p.  136.  The 
act  referred  to  is  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  652.  See 
also  act  of  December  24,  1799,  id.,  vol.  6,  p.  589.  Repealed  by  act  of  June 
29,  1829,  Session  Laws,  1829,  Chap.  26.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  when  it  shall  happen 
that  the  witnesses  or  either  of  them,  whose  names  are  subscribed 
to  any  deed  of  bargain  and  sale  or  other  conveyance  shall  not  have 
resided  within  or  shall  have  removed  out  of  this  State  before  the 
same  deed  shall  have  been  acknowledged,  proof  of  the  hand  writ- 
ing of  the  grantor  or  either  of  the  subscribing  witnesses  to  said  deed 
may  be  made  and  shall  have  the  same  effect  as  the  proof  of  their 
hand  writing  would  have  by  virtue  of  said  act  in  case  of  the  death 
of  such  witness  or  grantor. 


[CHAPTER  27.] 

State  of  } 

New  Hampshire.  \ 

An  Act  for  the  devising  of  real  estate,  the  attestation,  fil- 
ing AND  RECORDING  OF  WILLS  IN  CERTAIN  CASES,  AND  THE  DIS- 
TRIBUTION OF  TESTATE  ESTATES. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  52;  recorded  Acts, 
vol.  22,  p.  157.  Session  Laws,  1822,  Chap.  28.  Laws  1824  ed.,  p.  139;  id., 
1830  ed.,  p.  355.  See  act  of  June  19,  1828,  post.  Repealed  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  every  person  lawfully 
seized  and  possessed  of  any  real  estate  in  this  State,  of  the  age  of 
twenty  one  years  and  upwards,  and  of  sane  mind,  shall  have  power 
to  give,  devise,  and  dispose  of  the  same  by  a  will  in  writing  as  well 
as  by  anv  other  instrument  duly  executed,  which  will  shall  be 
sealed  and  signed  by  the  devisor,  or  by  some  person  in  the  pres- 
ence and  by  the  express  direction  of  the  devisor,  and  shall  be  at- 
tested and   subscribed  in  his  or  her  presence  by  three  or  more 


LAWS   OF    NEW    HAMPSHIRE  99 

credible  witnesses.  And  every  will  so  executed,  when  duly  proved, 
shall  be  effectual  to  establish  the  intentions  of  the  devisor,  agree- 
ably to  the  rules  of  law;  and  the  estate  shall  be  distributed  accord- 
ingly; and  no  will  purporting  a  disposition  of  real  estate,  or  of  real 
and  personal  estate,  unless  executed  by  a  person  upwards  of  twenty 
one  years  of  age  and  of  sane  mind,  and  with  the  formalities  afore- 
said, shall  be  proved  or  allowed.  And  words  in  a  will  so  executed, 
purporting  a  devise  of  lands  or  real  estate,  shall  be  holden  to  pass  a 
fee,  unless  it  appear  from  their  common  acceptation  that  it  was  the 
intention  of  the  devisor  to  pass  a  less  estate. 

Section  2.  And  be  it  further  enacted,  that  if  no  provision  is 
made  for  the  widow  in  the  will  of  her  husband,  or  if  any  such  pro- 
vision is  made  therein  and  intended  to  be  instead  of  her  dower,  as 
she  within  a  reasonable  time  may  elect  to  waive  and  shall  waive  by 
a  writing  filed  with  the  Judge  of  Probate,  before  whom  the  will 
was  proved,  the  said  widow  shall  have  her  dower  assigned  her  in 
the  real  estate  of  the  deceased,  as  in  cases  of  intestacy,  and  every 
provision  made  for  her  in  such  will  shall  be  void. 

Section  3.  And  be  it  further  enacted,  that  if  there  be  any  child 
or  any  lineal  heir  of  a  child  in  the  descending  line,  which  has  no 
devise  or  legacy  by  the  will  of  the  deceased  father  or  mother,  and 
which  is  not  named  or  referred  to  in  the  will  in  such  manner  as  to 
shew  that  it  was  not  out  of  the  mind  of  the  Testator  at  the  time  of 
making  the  will,  or  if  any  child  shall  happen  to  be  born  after  the 
death  of  the  father,  and  no  provision  shall  have  been  made  in  his 
will  for  such  posthumous  child,  every  such  child  or  heir  shall  inherit 
and  have  assigned  to  it  the  same  portion  in  the  estate  of  the  de- 
ceased, as  it  would  be  entitled  to,  if  such  deceased  person  had  died 
intestate;  and  if  there  be  not  sufficient  personal  estate  left  unbe- 
queathed,  or  real  estate  undevised,  to  satisfy  its  just  share  in  each, 
the  same  shall  be  made  up  and  satisfied  in  a  just  proportion  from 
the  estate  bequeathed  and  devised  to  others;  provided,  that  such 
portion  shall  be  liable  to  be  diminished  by  advancements  made,  in 
the  same  way  and  manner,  as  is  prescribed  by  law  in  cases  of 
intestate  estates. 

Section  4.  And  be  it  further  enacted,  that  no  nuncupative  will 
shall  be  good,  where  the  estate  thereby  bequeathed  shall  exceed  the 
value  of  one  hundred  dollars,  which  is  not  proved  by  the  oaths  of 
three  or  more  witnesses,  who  were  present  at  the  making  thereof, 
nor  unless  it  be  proved  that  the  testator  at  the  time  of  pronouncing 
the  same  did  bid  the  persons  present,  or  some  of  them,  bear  wit- 
ness that  such  was  his  will,  or  to  that  effect,  nor  unless  such  nun- 
cupative will  be  made  in  the  time  of  the  last  sickness  of  the 
deceased,  and  in  uV  house  of  his  or  her  habitation  or  dwelling,  or 
where  such  person  hath  b^en  resident  for  the  space  of  ten  days  or 
more  next  before  the  making  of  such  will,  except  when  such  person 
was  surprised  or  taken  sick,  being  from  his  own  home,  and  died 


IOO  LAWS   OF    NEW   HAMPSHIRE 

before  he  returned  to  his  dwelling.  And  after  six  months  passed 
from  the  speaking  the  said  testamentary  words,  no  testimony  shall 
be  received  to  prove  any  nuncupative  will,  except  said  testimony 
or  the  substance  thereof  shall  have  been  committed  to  writing 
within  six  days  after  making  said  will.  And  no  letter  testamentary 
or  probate  of  any  nuncupative  will  shall  pass  any  Court,  until  four- 
teen days  at  least  after  the  decease  of  the  testator;  nor  shall  any 
nuncupative  will  be  proved  unless  process  is  first  issued  to  call  in 
the  widow  or  next  of  kindred  to  the  deceased,  to  the  end  they  may 
contest  the  same,  if  they  please.  Provided  always,  that  any  soldier 
being  in  actual  military  service,  or  any  mariner  or  seaman  being 
at  sea,  may  dispose  of  his  moveables  and  personal  estate,  as  he 
might  have  done  before  the  making  of  this  act. 

Section  5.  And  be  it  further  enacted,  that  when  any  person 
having  any  devise  or  bequest  of  real  or  personal  estate  shall  die 
before  the  testator,  and  leave  lineal  heirs  in  the  descending  line, 
such  heirs  shall  take  the  estate  bequeathed  or  devised,  in  the  same 
manner  the  legatee  or  devisee  would  have  taken  it,  had  such  legatee 
or  devisee  survived  the  testator. 

Section  6.  And  be  it  further  enacted,  that  the  estate  real  and 
personal  of  any  person  dying  testate  not  devised  or  bequeathed, 
shall  be  administered  upon  by  the  person  who  executes  the  will  and 
be  distributed  as  intestate  estate. 

Section  7.  And  be  it  further  enacted,  that  no  revocation  of  any 
will  purporting  a  disposition  of  real  estate,  or  of  real  and  personal 
estate,  or  any  clause  thereof,  shall  be  allowed,  unless  proved  by 
some  other  will  or  codicil,  executed  with  the  like  formalities,  or  by 
some  other  writing  declaring  the  same,  or  by  cancelling,  tearing, 
obliterating,  or  otherwise  destroying  such  will  by  the  testator,  or 
by  some  other  person  in  his  presence  and  with  his  consent;  and  no 
will  in  writing  concerning  personal  estate  shall  be  revoked  or 
altered  by  any  words  or  will  by  word  of  mouth  only,  except  the 
same  be  in  the  life  time  of  the  testator  committed  to  writing,  and 
be  read  to  him,  and  be  proved  so  to  be  done  by  three  witnesses 
at  least;  provided,  that  nothing  in  this  section  contained  shall  be 
construed  to  control  or  affect  any  revocation  of  a  will  to  be  imoli^d 
according  to  law  from  any  change  in  the  circumstances  of  the 
testator,  his  family,  devisees,  legatees,  or  estate,  occurring  between 
the  time  of  making  the  will  and  the  death  of  the  testator. 

Section  8.  And  bQ  it  further  enacted,  that  in  case  anv  will, 
which  may  be  proved  without  notice  to  the  parties  interested,  shall 
hereafter  be  so  proved,  any  party  interested  shall  be  entitle  to 
have  the  probata  thereof  re-examined  before  the  Probate  Court 
for  the  county,  in  which  it  was  so  proved:  and  a  petition  for  that 
purpose  mav  be  presented  to  the  Tudge  of  Probate,  and  a  dav  of 
hearing  shall  be  appointed  and  notice  thereof  given  to  the  executor 


LAWS  OF   NEW  HAMPSHIRE  IOt 

or  executors  of  such  will  personally,  if  practicable,  and  published 
in  some  public  newspaper  three  weeks,  at  least  thirty  days  before 
the  day  of  hearing;  and  if  upon  such  hearing  and  reexamination  the 
probate  thereof  should  not  be  confirmed,  the  said  will  and  probate 
shall  be  made  void;  Provided,  that  no  such  application  shall  be  sus- 
tained, unless  preferred  within  one  year  from  the  time  of  the  pro- 
bate, nor  if  an  appeal  from  such  probate  has  been  prosecuted  before 
the  Superior  Court. 

Section  9.  And  be  it  further  enacted,  that  the  estate  of  every 
person  dying  testate  shall  stand  chargeable,  so  far  as  trie  rights  of 
creditors  are  concerned,  with  the  reasonable  expenses  of  adminis- 
tration, the  funeral  charges  of  the  deceased,  and  the  just  debts, 
which  he  owed,  in  the  same  way  and  manner,  in  which  intestate 
estates  are  charged. 

Section  10.  And  be  it  further  enacted,  that  if  any  person  shall 
attest  the  execution  of  any  will  or  codicil,  to  whom  any  beneficial 
devise,  legacy,  interest,  gift,  or  appointment  of  or  affecting  any  real 
or  personal  estate,  shall  be  thereby  given  or  made,  such  devise, 
legacy,  estate,  interest,  gift  or  appointment  shall  so  far  only  as 
concerns  such  person  attesting  the  execution  of  such  will  or  codicil 
or  any  person  claiming  under  him,  be  utterly  null  and  void;  and 
such  person  shall  be  admitted  as  a  competent  witness  to  the  execu- 
tion of  such  will  or  codicil;  but  a  provision  for  the  payment  of  a 
debt  made  in  such  will  or  codicil  shall  not  be  void,  nor  disqualify 
the  creditor  as  a  witness  to  the  execution  thereof. 

Section  n.  And  be  it  further  enacted,  that  when  the  executor, 
or  any  other  person  interested  in  a  will  that  has  been  proved  or 
allowed  in  a  court  of  probate  in  any  of  the  United  States,  or  in  a 
court  of  Probate  in  any  other  State  or  kingdom,  pursuant  to  the 
laws  thereof,  shall  produce  a  copy  of  such  will  with  a  copy  of  the 
probate  thereof,  duly  authenticated,  unto  the  Judge  of  Probate  of 
any  County  in  this  State,  where  the  testator  had  estate  real  or 
personal,  whereon  the  said  will  may  operate,  and  shall  in  writing 
desire  that  the  same  may  be  filed  and  recorded  in  the  Probate  Office 
in  the  same  county,  the  said  Judge  shall  assign  a  time  and  place 
for  taking  the  same  into  consideration;  and  shall  cause  notice 
thereof  to  be  given  in  some  public  newspaper  in  this  State  three 
weeks  successively,  thirty  days  at  least  before  the  time  assigned,  to 
the  end  that  any  person  may  appear  and  shew  cause  against  the 
filing  and  recording  thereof;  and  if  upon  such  hearing  no  objection 
is  made,  or  none  in  the  judgment  of  the  said  Judge  sufficient  to 
prevent  it,  he  may  cause  the  said  authenticated  copy  of  the  will  and 
probate  to  be  filed  and  recorded  in  the  registry  of  the  court  of  pro- 
bate for  the  same  county;  and  his  decree  for  the  filing  and  record- 
ing thereof  shall  be  of  the  same  force  and  effect,  as  the  Probate 
of  an  original  will  in  the  same  court;   Provided,  that  no  will  thus 


102  LAWS   OF    NEW   HAMPSHIRE 

filed  and  recorded  shall  operate  a  disposition  of  any  real  estate  in 
this  State,  unless  it  purports  to  have  been  executed  with  all  the 
formalities  required  in  such  cases  by  this  act. 

Section  12.     And  be  it  further  enacted,  that  this  act  shall  not 
take  effect  until  the  first  day  of  January  next. 


[CHAPTER  28.] 


State  'of  I 

New  Hampshire.  \ 


An  Act  for  the  descent  and  distribution  of  intestate  es- 
tates. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  53;  recorded  Acts, 
vol.  22,  p.  164.  Session  Laws,  1822,  Chap.  27.  Laws,  1824  ed.,  p.  136;  id., 
1830  ed.,  p.  351.  See  also  acts  of  February  3,  1789,  Laws  of  New  Hamp- 
shire, vol.  5,  p.  384;  January  4,  1792,  id.,  p.  838;  December  13,  1792,  id., 
vol.  6,  p.  60;  December  21,  1824,  and  July  6,  1826,  post.  Repealed  December 
23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  ist — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  when  any  person  shall 
die  possessed  of  any  personal  estate  not  bequeathed,  or  seized  of 
any  real  estate  within  this  State  undevised,  the  same  shall  descend 
in  equal  shares  among  his  children  and  the  legal  representatives  of 
such  of  them  as  may  be  dead;  and  if  there  be  no  child  or  children 
of  such  intestate,  the  estate  shall  be  inherited  equally  by  the  next 
of  kin  in  equal  degree,  and  those  who  represent  them;  but  no 
person  shall  be  admitted  as  a  legal  representative  of  collaterals 
beyond  the  degree  of  brother's  and  sister's  children;  provided 
nevertheless,  that  when  any  of  the  children  of  such  intestate  die 
before  twenty  one  years  of  age  and  unmarried,  or  when  any  child 
of  a  person  deceased  testate  die  before  twenty-one  years  of  age  and 
unmarried,  such  deceased  child's  share  in  the  estate  shall,  although 
its  other  parent  be  alive,  be  inherited  by  its  surviving  brothers  and 
sisters  and  the  lineal  heirs  in  the  descending  line  of  such  of  them 
as  are  dead;  but  if  such  child  die  after  having  arrived  to  the  age 
of  twenty-one  years  unmarried,  and  intestate,  any  brother  or  sister, 
or  their  said  heirs  being  alive,  and  the  mother  also,  she  shall  inherit 
such  share  equally  with  them  being  entitled  only  to  a  brother's  or 
sister's  part  thereof.  And  provided  further,  that  the  intestate  estate 
of  any  person  dying  after  marriage,  or  arrival  to  twenty  one  years 
of  age,  without  having  descendants,  the  father  being  alive,  shall  be 
inherited  by  him  in  exclusion  of  the  mother;  but  if  the  father  be 
dead,  and  brothers  or  sisters  of  a  person  so  dying  or  such  as  legally 
represent  them,  and  also  the  mother  be  alive,  the  estate  shall  be 
inherited  by  them,  the  mother  being  entitled  only  to  an  equal  share 


LAWS  OF   NEW  HAMPSHIRE  IO3 

with  a  brother  or  sister;  and  provided  further  that  the  widow  of 
every  person  dying  intestate  shall  be  entiled  to  one  third  part  of 
the  residue  of  the  personal  estate  of  her  deceased  husband,  after 
deducting  therefrom  the  just  demands  with  which  the  same  is 
chargeable,  and  in  case  he  died  without  leaving  lineal  heirs  in  the 
descending  line,  she  shall  be  entitled  to  the  one  half  of  such  residue 
as  her  distributive  share  thereof;  and  provided  further,  that  noth- 
ing herein  contained  shall  be  construed  to  impair  the  right  of  a 
widow  to  have  dower  in  the  real  estate  of  her  deceased  husband,  or 
the  right  of  the  husband  to  hold  as  tenant  by  the  curtesy  the  real 
estate  of  his  deceased  wife,  as  allowed  by  law. 

Section  2 .  And  be  it  further  enacted,  that  when  there  is  no  heir 
or  legatee  of  any  estate  of  a  person  deceased  the  same  shall  accrue 
to  the  state;  and  if  at  the  expiration  of  three  years  from  the  original 
grant  of  administration,  no  heir  or  legatee  shall  be  ascertained,  it 
shall  be  the  duty  of  the  Judge  of  Probate  to  order  the  executor  or 
administrator  to  pay  the  balance  of  his  account  into  the  Treasury 
of  the  State,  where  it  shall  be  subject  to  the  claim  of  the  person  or 
persons  having  right  thereto,  upon  application  to  the  legislature. 

Section  3.  And  be  it  further  enacted,  that  the  heirs  of  a  bastard, 
in  the  ascending  and  collateral  lines,  shall  be  its  mother  and  her 
heirs. 

Section  4.  And  be  it  further  enacted,  that  the  estate  of  every 
person  dying  intestate  shall  stand  chargeable  with  the  just  expenses 
of  the  administration  thereof,  the  necessary  expenses  of  the  funeral 
of  the  deceased,  a  reasonable  allowance  to  be  made  by  the  Judge  of 
Probate  to  the  widow,  out  of  the  inventory  of  the  personal  estate 
for  her  present  support  and  comfort,  the  just  debts  which  the  de- 
ceased owed,  and  with  the  support  of  the  infant  children  of  the 
deceased  until  they  arrive  to  the  age  of  seven  years,  as  the  just 
demands  against  the  same;  provided  that  in  the  administration 
thereof  no  more  of  the  real  estate  shall  be  taken  than  is  necessary 
to  make  up  the  sum  in  which  the  personal  estate  shall  be  deficient 
for  the  purposes  aforesaid;  And  provided  further,  that  the  support 
of  the  said  children  shall  be  taken  out  of  such  surplusage  only  of  the 
estate  as  may  remain  after  the  full  payment  of  the  other  just  de- 
mands aforesaid.  And  the  residue  of  the  personal  estate,  if  any, 
after  all  the  said  just  demands  are  satisfied,  shall  be  distributed  to 
the  widow  and  heirs  or  their  legal  representatives,  as  in  this  act  is 
provided. 

Section  5.  And  be  it  further  enacted,  that  if  any  heir  of  a 
person  dying  intestate,  or  any  person  through  whom  such  heir  claims, 
shall  have  had  estate  of  such  intestate  in  his  lifetime,  or  shall  have 
been  advanced  in  settlement,  such  estate  or  advancement  shall  go  to- 
wards the  share  of  such  heir  or  in  full  thereof,  as  the  case  may  be, 
according  to  its  value.  And  any  deed  of  lands  and  tenements  made 
for  love  or  affection,  or  any  personal  estate  delivered,  which  per- 


104  LAWS  OF   NEW   HAMPSHIRE 

sonal  estate  shall  have  been  charged  in  writing,  or  of  which  some 
memorandum  shall  have  been  made  by  the  intestate,  or  by  his  or 
her  order,  or  which  shall  have  been  delivered  expressly  as  an  ad- 
vancement before  two  witnesses,  who  were  requested  to  take  notice 
thereof,  or  which  shall  be  proved  so  to  have  been  received  by  some 
acknowledgment  thereof  in  writing,  signed  by  the  party  receiving 
the  same,  shall  be  deemed  and  taken  to  be  in  advancement  of  the 
share  of  such  heir;  provided  however,  that  no  deed  of  lands  or  ten- 
ements shall  be  so  deemed  and  taken  unless  the  same  be  expressed 
to  be  for  love  or  affection,  or  unless  the  fact,  that  such  deed  was 
given  as  advancement  be  proved  by  some  acknowledgement  thereof, 
signed  by  the  party  receiving  the  same.  And  all  advancements  may 
be  taken  into  consideration  and  allowed  either  in  the  division  of 
the  real  estate,  or  distribution  of  the  personal  estate.  If  taken 
into  consideration  in  the  division  of  the  real  estate,  they  shall  be 
reported  by  the  dividing  committee  and  allowed  and  decreed  upon 
by  the  Judge  of  Probate,  and  if  in  the  distribution  of  the  personal 
estate,  they  shall  be  adjusted  and  allowed  by  the  said  Judge  at  the 
time  of  such  distribution. 

Section  6.     And  be  it   further  enacted,  that  this  act  shall  not 
take  effect  until  the  first  day  of  January  next. 


[CHAPTER  29.] 


State  of  I 

New  Hampshire.  \ 


An  Act  regulating  the  settlement  and  distribution  of  in- 
solvent ESTATES. 

[Approved  July  2,  1822.  Original  Acts,  vol.  2j,  p.  54;  recorded  Acts, 
vol.  22,  p.  169.  Session  Laws,  1822,  Chap.  29.  Laws,  1824  ed.,  p.  142;  id., 
1830  ed.,  p.  359.  See  acts  of  November  11,  1784,  Laws  of  New  Hampshire, 
vol.  5,  p.  35;  February  n,  1791,  id.,  p.  662;  June  26,  1792,  id.,  vol.  6,  p.  28, 
and  June  29,  1841,  Session  Laws,  1841,  Chap.  606.  Repealed  December  23, 
1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  en?xted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  when  the  estate  of  any 
person  deceased  shall  appear  to  the  executor  or  administrator 
thereof  to  be  insolvent,  and  shall  be  so  represented  to  the  Judge 
of  Probate,  and  be  decreed  by  him  to  be  administered  upon  as  an 
insolvent  estate,  the  same  shall  be  distributed  among  the  creditors 
in  proportion  to  the  sums  to  them  respectively  due,  or  in  full  pay- 
ment of  their  demands,  as  the  case  maybe;  saving  that  the  expenses 
of  administration,  the  necessary  charges  for  the  burial  of  the  de- 
ceased, the  allowance  made  by  the  Judge  to  the  widow  out  of  the 
personal  estate,  all  rates  and  taxes,  and  charges  for  the  last  sickness 


LAWS  OF   NEW   HAMPSHIRE  IO5 

shall  be  first  paid,  giving  preference  to  them  in  the  payment  accord- 
ing to  the  order  in  which  they  are  here  placed;  the  said  expenses 
of  administration,  funeral  charges,  and  the  rates  and  taxes  together 
with  the  allowance  to  the  widow,  to  be  allowed  by  the  judge  and  de- 
ducted from  the  estate  in  the  hands  of  the  executor  or  administrator. 
Provided  nevertheless,  in  case  there  should  be  any  estate  left,  after 
the  payment  of  the  charges  aforesaid,  the  debts  due  from  the  estate, 
and  the  support  of  the  children,  if  any,  under  seven  years  of  age, 
such  residue  shall  be  distributed  among  the  legatees  or  heirs,  ac- 
cording to  law.  And  where  any  estate  shall  be  represented  insolvent, 
the  judge  of  probate  shall  appoint  one  or  more  persons,  not  exceeding 
three,  to  receive,  examine,  adjust,  and  allow  the  claims  of  the  cred- 
itors to  any  such  estate;  and  the  said  commissioners  shall  cause  the 
times  and  places  of  their  meeting,  to  receive,  examine,  adjust,  and 
allow  such  claims  to  be  made  known  by  posting  up  an  advertise- 
ment or  notification  thereof  in  the  town  or  place,  where  the  deceased 
last  dwelt,  and  in  two  of  the  adjacent  towns,  and  also  in  a  shire 
town  in  the  same  County;  or  shall  cause  the  same  to  be  published 
in  some  public  newspaper,  that  shall  be  most  likely  to  give  informa- 
tion to  all  concerned;  or,  if  the  judge  should,  considering  the  cir- 
cumstances of  any  such  estate,  and  the  situation  of  the  creditors 
thereto,  order  all  the  notice  before  mentioned  or  any  further  and 
additional  notice,  to  be  given,  then  the  said  commissioners  shall 
notify  in  such  manner,  as  the  judge  shall  order;  and  the  notice  to 
be  given  shall,  in  all  cases,  be  expressed  in  the  commission  of  in- 
solvency; and  not  less  than  six  nor  more  than  nine  calendar  months, 
as  the  Judge,  considering  the  circumstances  of  any  such  estate,  may 
order,  shall  be  allowed  the  creditors,  to  bring  in  and  support  their 
claims  or  demands  against  such  estate.  Provided  nevertheless,  that 
for  sufficient  cause  shewn,  the  judge  may  afterwards  allow  to  the 
creditors  such  further  time  or  times  as  in  the  whole  shall  not  exceed 
eighteen  calendar  months  from  the  date  of  the  first  commission;  in 
all  which  cases  of  extension  the  notice  originally  directed  shall  be  re- 
newed, and  such  further  notice  given  as  the  Judge  shall  order. 
And  in  all  cases  the  last  session  of  the  Commissioners  for  the  pur- 
poses aforesaid,  shall  be  notified  to  be.  and  shall  be,  within  the 
seven  last  days  of  the  time  allowed,  the  day  of  the  date  of  the 
commission  being  reckoned  as  part  of  such  time;  and  at  the  end 
of  the  time  limited  for  bringing  in  claims  as  aforesaid,  the  said 
commissioners  shall  make  report  to  the  Probate  Office,  and  present 
a  list  of  all  the  claims  by  them  allowed,  and  shall,  in  such  report, 
particularly  state,  how  they  have  notified  the  creditors,  and  the 
times  and  places  of  their  meeting,  and  shall  furnish  to  the  Judge, 
or  file  in  the  probate  office,  satisfactory  evidence  of  their  having 
so  notified.  And  the  executor  or  administrator  shall  pay  the  com- 
missioners a  reasonable  compensation  for  their  services,  which  shall 
be  allowed  to  him  by  the  Judge  on  settlement  of  the  account  of  his 


106  LAWS  OF   NEW  HAMPSHIRE 

administration.  And  before  any  person  shall  enter  upon  the  duties 
of  a  commissioner,  under  this  act,  he  shall  be  sworn  to  the  faithful 
and  impartial  discharge  thereof,  which  oath  shall  be  certified  on 
the  back  of  the  commission.  And  if,  during  the  pendency  of  any 
such  commission,  circumstances  occur  which  shall  incapacitate  or 
prevent  any  person  appointed  a  commissioner  from  discharging  the 
duties  thereof,  the  Judge  may,  in  any  stage  of  the  proceedings, 
substitute  some  other  person  to  complete  such  duties,  who  shall  be 
sworn  in  manner  aforesaid. 

And  before  any  decree  of  acceptance  of  the  report  on  such  com- 
mission shall  be  passed,  notice  shall  be  given  of  the  time  and  place, 
when  and  where  such  report  will  be  taken  into  consideration,  by 
public  advertisement  in  such  way  and  manner  as  the  judge  shall 
direct.  And  at  any  time  before  the  acceptance  of  such  report, 
any  errors  happening  therein  may,  by  the  said  commissioners, 
under  the  inspection  or  by  the  permission  of  the  judge,  be  corrected, 
but  no  claim  shall  be  diminished  without  notice  to  the  creditor  or 
his  agent;  nor  shall  any  claim  be  increased  without  notice  to  the 
executor  or  administrator;  and  no  new  claim  by  virtue  of  this  pro- 
vision shall  be  considered  or  allowed.  And  no  decree  of  acceptance 
of  any  such  report  shall  be  passed,  until  the  Judge  is  satisfied,  that 
the  creditors  have  been  notified  according  to  his  order;  and  in  such 
decree  he  shall  certify,  that  they  have  been  so  notified,  and  it  shall 
forever  after  be  taken  and  held  to  be  conclusive  evidence  of  the 
fact  so  certified,  in  all  matters  or  causes,  where  the  same  may  be 
drawn  in  question. 

Section  2.  And  be  it  further  enacted,  that  the  commissioners  on 
any  estate  represented  insolvent,  as  aforesaid,  shall  be  and  they 
hereby  are  authorized,  and  it  shall  be  their  duty  to  receive,  examine, 
and  allow  all  bona  fide  demands,  which  the  deceased  owed  that 
shall  be  exhibited  to  them,  although  such  demands  may  not  be 
payable  at  the  time  of  such  allowance.  And  they  shall  allow  in- 
terest on  demands  carrying  interest,  to  the  time  of  the  expiration 
of  their  commission,  and  on  demands  not  ordinarily  carrying  inter- 
est, to  the  same  time,  from  the  death  of  the  testator  or  intestate; 
but  from  demands  allowed  by  them  not  then  payable  and  not  carry- 
ing interest,  they  shall  discount  such  sum  as  will  reduce  them  to 
their  just  and  present  value.  And  when  there  are  mutual  demands 
between  the  deceased  and  any  person  claiming  as  a  creditor,  which, 
if  due,  might  be  legally  or  equitably  offset  against  each  other,  it 
shall  be  the  duty  of  the  said  commissioners,  if  there  be  a  balance 
in  favour  of  such  creditor,  to  consider  such  mutual  demands,  and 
to  allow  only  to  such  creditor  the  balance  justly  due. 

Section  3.  And  be  it  further  enacted,  that  the  said  commis- 
sioners shall  have  power  to  swear  witnesses,  and,  if  they  deem  it 
expedient,  to  examine  on  oath  the  creditor,  touching  any  claim 
exhibited  to  them  for  allowance. 


LAWS  OF   NEW   HAMPSHIRE  107 

Section  4.  And  be  it  further  enacted,  that  the  commissioners 
on  such  estate  shall  take  no  cognizance  of  any  claim  or  demand 
in  favour  of  the  executor  or  Administrator  thereof,  against  the 
deceased;  but  in  all  such  cases,  in  the  citation  to  the  heirs  and 
creditors  to  hear  the  account  of  such  executor  or  administrator, 
notice  shall  be  particularly  given,  of  the  claim  or  demand  against 
the  estate,  which  the  executor  or  administrator  wishes  to  have 
allowed  to  him;  and  if  at  the  time  of  rendering  the  account  no  heir 
or  creditor  appear  to  contest  the  said  claim,  the  judge  of  Probate 
may  examine  the  same,  and  allow  such  sum  as  to  him  appears  legal, 
and  the  same  shall  be  placed  by  him  on  the  list  of  claims;  or  the 
judge  may,  and  if  any  heir  or  creditor  appear  to  contest  the  claim, 
he  shall,  unless  the  parties  agree  in  writing  to  have  him  decide  upon 
it,  refer  the  same  to  one  or  more  referees,  whose  report,  when 
accepted  by  the  judge,  shall  be  final  in  the  case;  and  any  sum  so 
allowed  shall  by  the  Judge  be  placed  on  the  list  of  claims  and 
draw  its  proportionable  share. 

Section  5.  And  be  it  further  enacted,  that  any  creditor  conceiv- 
ing himself  aggrieved  by  the  determination  of  the  said  commis- 
sioners, on  any  demand  by  him  exhibited,  may,  at  the  time  of  the 
acceptance  of  their  report  by  the  Judge,  as  before  mentioned,  or 
within  thirty  days  afterwards,  appeal  from  such  determination  to 
the  Superior  Court  of  judicature  next  to  be  holden  in  the  same 
county,  signifying  such  his  desire  to  the  judge  of  probate  in  writing 
and  filing  in  the  probate  Office  a  declaration  on  his  demand  against 
such  insolvent  estate,  drawn  up  with  legal  certainty;  and  the  Judge 
shall  order  the  executor  or  administrator  to  be  served  with  a  copy 
of  such  declaration,  and  to  be  notified  of  the  appeal  made  by  such 
creditor;  and  the  creditor  may,  at  the  court  appealed  to,  enter  his 
action  as  plaintiff  against  the  executor  or  administrator,  and  shall 
produce  an  attested  copy  of  such  his  declaration  and  the  certificate 
of  the  judge  of  probate,  that  notice  was  issued  to  the  executor  or 
administrator,  and  evidence  of  the  compliance  with  such  order; 
and  upon  said  declaration  such  pleadings  may  be  made,  issues 
joined,  and  proceedings  had,  as  the  said  court  shall  direct  or  allow; 
and  unless  such  appealing  creditor  shall  recover  more  than  the  com- 
missioners shall  have  allowed,  the  court  shall  not  tax  cost  for  the 
creditor,  but  may  tax  cost  for  the  executor  or  administrator,  if, 
all  circumstances  considered,  they  think  it  proper,  and  issue  execu- 
tion therefor.  And  if  the  creditor  shall  fail  to  enter  his  action,  in 
manner  aforesaid,  or  to  recover  judgment  thereon,  his  demand  shall 
be  forever  barred,  and  whatever  was  allowed  by  the  commissioners 
shall  be  struck  from  the  list  of  claims;  And  the  court  may  in  case 
of  his  failing  to  enter  his  action  as  aforesaid,  on  complaint  of  the 
executor  or  administrator,  tax  and  allow  cost  for  such  executor  or 
administrator  and  issu^  execution  therefor:  or  in  case  Judgment  be 
for  the  executor  or  administrator  on  trial  or  otherwise,  after  the 


IC8  LAWS   OF    NEW   HAMPSHIRE 

entry  of  such  action,  such  executor  or  administrator  shall  be  allowed 
cost,  and  have  execution  therefor  as  in  other  cases;  and  any  other 
of  the  creditors  shall  and  may,  if  the  said  Superior  Court  think 
proper,  be  admitted  to  defend  against  such  action,  with  or  without 
the  executor  or  administrator.  And  the  judgment  of  the  Superior 
Court  in  favour  of  such  appealing  creditor  shall  be  certified  to  the 
Judge  of  probate,  and  its  amount  shall  be  considered  as  the  just 
claim  of  such  creditor,  and  be  placed  by  the  judge  on  the  list  of 
claims,  and  be  entitled  to, its  proportionable  share  of  the  estate; 
and  the  sum,  if  any,  allowed  by  the  commissioners,  shall  be  struck 
from  the  said  list  of  claims.  And  if  any  executor  or  administrator 
shall  be  of  opinion,  that  the  commissioners  have  allowed  a  de- 
mand against  the  estate,  which  ought  not  to  be  allowed,  or  have 
allowed  a  larger  sum  than  was  justly  due,  such  executor  or  admin- 
istrator shall,  at  the  time  of  the  acceptance  of  their  report,  signify 
his  objection  thereto  in  writing,  which  writing  shall  be  filed  in  the 
Probate  Office,  and  if  neither  the  creditor,  his  agent,  nor  attorney, 
be  present  to  take  notice  of  such  objection,  the  judge  may  order 
such  notice  thereof  to  be  given,  as  he  shall  deem  proper;  and  if  the 
creditor  fail  to  prosecute  his  demand  against  such  insolvent  estate 
at  the  next  Superior  Court  in  the  same  County,  in  the  manner  before 
directed,  and  within  the  time  before  limited  in  case  of  a  creditor's 
appealing  from  the  determination  of  the  commissioners,  then  the 
claim  by  them  allowed  and  so  objected  to  by  the  executor  or  admin- 
istrator, as  aforesaid,  shall  either  be  struck  off  of  the  list  of  claims, 
or  reduced  in  its  amount  to  such  sum  as  the  executor  or  adminis- 
trator shall  allow  to  be  just;  but  if  the  creditor  shall,  on  the  prose- 
cution of  his  appeal,  recover  by  the  judgment  of  the  Superior  Court, 
as  much  as  was  allowed  by  the  commissioners,  he  shall  be  entitled  to 
full  cost.  And  there  shall  be  no  review  of  any  judgment  rendered 
in  the  Superior  Court  on  an  appeal  from  the  determination  of  com- 
missioners. Provided  however,  that  in  either  of  the  cases  above 
mentioned,  if  the  creditor  and  executor  or  administrator  do,  within 
the  said  thirty  days,  agree,  before  the  iudge  of  probate,  to  submit 
the  disputed  claim  to  the  decision  of  referees,  to  be  nominated  and 
appointed  by  him,  a  rule  therefor  shall  be  granted;  and  the  report 
of  the  referees  on  such  claim,  accepted  by  the  judge,  shall  be  final 
and  conclusive  between  the  parties,  and  if  in  favour  of  the  creditor, 
shall  be  placed  on  the  list  of  claims,  and  the  one,  if  any,  returned 
by  the  commissioners,  shall  be  struck  off.  And  the  allowance  of  the 
costs  of  reference  to  either  party,  shall  be  in  the  discretion  of  the 
judge;  if  allowed  to  the  creditor,  it  shall  be  added  to  and  constitute 
a  part  of  his  claim;  if  to  the  executor  or  administrator,  the  judge 
may  issue  his  warrant  of  distress  therefor. 

Section  6.  And  be  it  further  enacted,  that  debts  due  for  the 
last  sickness  of  the  deceased  shall  be  designated  as  such  by  the 
commissioners  in  their  report;   and  if  the  balance  in  the  hands  of 


LAWS  OF   NEW   HAMPSHIRE  109 

the  executor  or  administrator  after  making  the  other  deductions, 
herein  before  directed  be  sufficient,  the  said  debts  for  the  last  sick- 
ness shall  be  paid  in  full;  but  if  the  said  balance  be  insufficient  to 
pay  them  in  full,  the  same  shall  be  distributed  to  the  creditors  of 
such  debts  in  proportion  to  their  respective  claims;  and  the  sum  so 
paid  or  distributed  for  the  said  debts  for  the  last  sickness  shall  in  all 
cases  be  allowed  to  the  executor  or  administrator,  in  his  account  of 
administration. — And  if,  after  paying  all  the  said  debts  in  full,  any 
balance  remain  in  the  hands  of  the  executor  or  administrator,  the 
same  shall  be  decreed  to  be  distributed  among  the  other  creditors 
in  proportion  to  their  respective  claims  adjusted  and  allowed  as 
aforesaid,  or  in  the  full  payment  thereof  with  interest,  as  the  case 
may  be;  and  such  decree  shall  contain  the  names  of  the  creditors, 
the  sums  allowed  them,  and  the  sums,  which  they  are  respectively 
entitled  to  receive  from  the  executor  or  administrator  on  such  es- 
tate; and  the  balance  on  any  second  or  further  account  rendered  on 
such  estate  shall  be  distributed  in  like  manner,  until  the  creditors 
shall  have  received  the  sums  allowed  them  in  full  with  interest,  if 
the  estate  shall  so  far  extend. 

Section  7.  And  be  it  further  enacted,  that  all  demands  against 
such  estate  exhibited  to  the  commissioners  and  rejected  by  them, 
and  not  prosecuted  to  judgment  in  the  manner  by  this  act  pre- 
scribed, and  all  demands  against  such  estate,  which  by  virtue  of  this 
act  might  have  been  exhibited  to  and  allowed  by  them,  but  which 
were  not  so  exhibited  and  allowed,  shall  be  forever  barred.  And 
no  action  against  any  executor  or  administrator  of  any  such  estate 
shall  ever  be  sustained  otherwise  than  in  this  act  is  provided.  And 
if  any  action  be  commenced  against  the  executor  or  administrator  of 
such  estate,  it  shall  be  discontinued,  when  the  estate  is  represented 
insolvent.  Provided  however,  that  nothing  herein  contained  shall 
be  construed  to  impair  any  remedy  of  a  creditor  against  the  heirs 
or  devises  of  any  such  estate,  whose  demand  could  not  be  allowed 
by  the  commissioners,  because  the  same  depended  upon  a  contin- 
gency, which  had  not  happened  before  or  during  the  time  allowed 
to  the  creditors  to  prove  their  demands;  and  provided  further,  that 
the  right  of  review  of  any  suit  instituted  in  the  courts  of  common 
law,  and  on  which  judgment  shall  have  been  rendered,  shall  not  be 
affected  by  this  act;  but  the  sum  finally  ascertained  to  be  due  from 
the  insolvent  estate  on  such  review,  if  prosecuted,  shall,  including 
costs,  constitute  the  claim  of  the  creditor,  and  be  admitted  by  the 
Judge  on  the  list  of  claims  to  receive  its  proportionable  share,  and 
the  court  shall  issue  no  execution  therefor. 

Section  8.     And   be   it   further   enacted,   that  no   surety  of   the 

executor  or  administrator  of  an  estate  represented  insolvent  shall  be 

liable  for  the  proportion  or  dividend  of  any  creditor  to  such  estate, 

unless  process  shall  have  been  instituted  against  one  or  more  of  the 

.sureties  of  such  executor  or  administrator  for  the  recovery  of  such 


I  IO  LAWS   OF   NEW   HAMPSHIRE 

dividend,  within  one  year  from  the  time  of  making  or  passing  the 
decree  ordering  the  payment  thereof;  provided  such  creditor  shall 
have  had  notice  of  the  dividend,  within  six  months,  after  the  same 
shall  have  been  decreed. 

Section  9.     And  be  it  further  enacted,  that  this  act  shall  not  take 
effect  nor  be  in  force  until  the  first  day  of  January  next. 


[CHAPTER  30.] 

State  of  I 

New  Hampshire.  \ 

An  Act  defining  the  jurisdiction  powers  and  duties  of  a 
Judge  of  Probate,  and  the  duties,  exemptions,  and  liabili- 
ties of  Executors,  Administrators,  and  Guardians,  in  cer- 
tain cases. — 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  55;  recorded  Acts, 
vol.  22,  p.  179.  Session  Laws,  1822,  Chap.  31.  Laws,  1824  ed.,  p.  153;  id., 
1830  ed.,  p.  331.  See  acts  of  June  21,  1820,  Laws  of  New  Hampshire,  vol.  8, 
p.  902;  December  2,  1820,  id.,  p.  923;  July  2,  1822,  July  3,  1822,  July  1,  1825, 
June  30,  1826,  and  January  2,  1829,  post,  and  June  29,  1829,  Session  Laws, 
1829,  Chap.  26.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  several  Judges  of 
Probate  shall  in  their  respective  counties  have  original  cognizance 
and  jurisdiction  of  the  Probate  of  wills,  and  the  granting  of  Admin- 
istrations, and  all  the  powers  appertaining  by  law  to  such 
jurisdiction.  And  the  Probate  of  the  will  and  the  granting  of  Ad- 
ministration on  the  estate  of  any  person  deceased  shall  belong  to 
the  Judge  of  Probate  for  the  county  in  which  such  person  was  last 
an  inhabitant;  but  if  the  person  deceased  was  not  at  the  time  of  his 
death  an  inhabitant  of  this  State,  the  Will  may  be  proved  or  filed 
and  recorded,  or  the  administration  granted  by  the  Judge  of  Pro- 
bate of  any  County  where  such  deceased  person  had  Estate. — 
And  the  issuing  of  letters  Testamentary,  or  granting  Administration 
to  Executors,  and  granting  administration  with  the  Will  annexed, 
and  Administration  on  Estate  not  before  administered,  or  not  before 
administered  with  the  Will  annexed,  as  the  case  may  require,  and 
examining  and  allowing  the  account  or  accounts  of  the  Executor  or 
Administrator,  so  often  as  the  same  shall  be  rendered,  and  all 
matters  and  things  of  Probate  jurisdiction,  relating  to  the  settlement 
and  final  distribution  of  the  Estate,  shall  appertain  to  the  Judge  of 
Probate  for  the  county  where  the  Will  was  proved,  or  filed  and 
recorded,  on  the  original  Administration  granted. 

Section  2.     And  be  it  further  enacted,  that  Administration  shall 


'    LAWS   OF   NEW   HAMPSHIRE  I  1  I 

be  granted  to  the  Executor  or  Executors  named  in  the  Will,  being  of 
age  and  capable,  if  he  or  they  will  accept  the  trust;  but  in  case  of 
their  incapacity  or  refusal  or  if  no  executor  be  named,  or  in  the  case 
of  intestacy,  Administration  on  the  Estate  of  the  deceased,  and  if 
there  be  a  will  with  the  Will,  annexed,  shall  be  granted  to  the  Widow 
or  any  of  the  next  of  kin  being  of  age  and  capable,  or  to  such  suit- 
able person  as  they  may  nominate;  or  in  case  of  their  refusal,  to 
some  one  of  the  devisees  or  creditors  of  the  deceased  who  shall 
apply  for  the  same;  provided  nevertheless,  that  after  the  expiration 
of  thirty  days  from  the  death  of  the  person,  upon  whose  estate 
administration  is  to  be  granted,  and  upon  the  neglect  or  refusal  of 
the  persons  aforesaid,  the  Judge  may  grant  the  same  to  such  other 
person  as  he  may  think  proper;  and  provided  further,  that  no  per- 
son not  an  inhabitant  of  this  State  shall  be  appointed  to  administer 
any  Estate  therein  by  reason  of  any  right  to  such  trust,  unless  in  the 
opinion  of  the  Judge,  other  circumstances  make  it  fit  and  proper. 
And  if  the  Administration  on  the  Estate  of  any  person,  testate  or 
intestate,  shall  become  vacant  by  death,  extinguishment,  or  revoca- 
tion, the  Judge  of  Probate  may  grant  administration  on  the  Estate 
not  before  administered,  or  not  before  administered  with  the  will 
annexed,  as  the  case  may  require,  to  such  person  as  he  may  think 
proper,  having  due  regard  to  the  rules  aforesaid;  provided  however, 
that  if  a  minor  named  in  any  will  as  the  Executor  thereof  shall  come 
of  age  and  claim  his  right  to  administer  the  Estate,  and  give  security 
as  this  act  requires,  the  Judge  shall  grant  administration  on  the 
Estate  not  before  administered  with  the  will  annexed  to  the  person 
so  having  come  of  age  and  requesting  the  same;  and  the  adminis- 
tration before  granted  if  to  a  person  not  named  in  the  will  as  an 
Executor,  or  named  only  to  execute  the  same  until  such  minor 
should  come  of  age,  shall  be  thereby  revoked;  but  if  Administration 
had  been  granted  to  any  person  or  persons  named  in  the  will  with- 
out any  such  limitation  of  their  authority,  the  grant  of  Adminis- 
tration to  such  minor  shall  constitute  him  a  joint  Executor  with 
such  person  or  persons. 

Section  3.  And  be  it  further  enacted,  that  no  person  shall  inter- 
meddle with  the  Estate  of  any  person  deceased,  or  act  as  the  Execu- 
tor or  administrator  thereof,  or  be  considered  as  having  that  trust, 
until  such  person  shall  have  given  bond  to  the  Judge  of  Probate 
with  sufficient  sureties  in  a  reasonable  sum  upon  condition  among 
other  things  to  return  to  the  said  Judge  a  true  and  perfect  inventory 
of  the  Estate  of  the  deceased  upon  oath,  within  three  months  from 
the  date  of  the  bond,  to  administer  said  Estate  according  to  law,  and 
to  render  to  the  said  Judge  a  full  account  of  administration  upon 
oath  within  one  year,  and  to  pay  and  deliver  all  the  rest  and  residue 
of  the  Estate,  which  shall  be  found  remaining  upon  the  account 
of  such  Executor  or  Administrator;  unto  such  person  or  persons 
respectively  as  the  said  Judge  by  his  decree  or  sentence;  pursuant  to 


112  LAWS   OF   NEW   HAMPSHIRE 

law,  shall  limit  and  appoint. — And  the  Inventory,  thus  to  be  re- 
turned, shall  contain  a  just  and  impartial  appraisement  of  the 
Estate,  including  the  Real  Estate,  goods,  chattels,  rights,  credits, 
and  effects  of  the  deceased;  and  shall  be  taken  and  made  by  three 
suitable  persons,  to  be  appointed  by  the  Judge,  and  sworn  by  him 
or  some  Justice  of  the  peace  to  their  fidelity  and  impartiality 
therein. — Provided  however,  that  if  the  Executor  to  whom  adminis- 
tration shall  be  granted,  be  also  residuary  legatee,  a  bond  with 
sufficient  sureties  may  be  taken  from  him  with  condition  only  to 
pay  the  funeral  charges,  debt  and  legacies,  and  to  render  upon  oath 
an  account  of  his  proceedings  therein,  when  thereto  lawfully  re- 
quired— 

Section  4.  And  be  it  further  enacted,  that  the  Executor  or  Ad- 
ministrator, shall  account  in  money  for  the  debts  due  the  deceased 
by  him  received,  or  which  by  due  diligence  might  have  been  col- 
lected and  received. — And  he  shall  also  be  charged  in  money  with 
the  appraised  value  of  the  goods  and  chattels  of  the  deceased;  but 
if  within  six  months  from  the  date  of  the  bond,  he  or  any  other 
person  interested  in  the  Estate,  shall  procure  an  order  or  license 
to  have  the  said  goods  and  chattels  sold  at  public  auction,  which 
order  or  license  the  Judge  of  Probate  is  hereby  authorized  to  grant, 
directing  therein  the  notice  to  be  given  of  such  sale,  and  if  the 
Executor  or  Administrator  shall  comply  with  such  order,  and  act 
with  fidelity  and  impartiality  in  the  sale,  he  shall  be  credited  with 
the  sum  in  which  the  proceeds  of  the  sale  fall  short  of  the  appraised 
value,  and  if  the  proceeds  exceed  the  appraised  value,  he  shall  be 
charged  with  such  excess;  provided  nevertheless,  that  if  there  be 
any  personal  estate  specifically  bequeathed,  or  undisposed  of  at  the 
request  of  the  heirs  or  legatees,  or  preserved  for  their  greater  ben- 
efit, and  not  wanted  for  the  payment  of  the  just  demands  with 
which  the  Estate  is  chargeable,  the  Executor  or  Adminis- 
trator shall  be  discharged  therefrom  by  producing  the  same, 
and  delivering  it  over  to  the  heirs  or  legatees  to  whom  it  belongs  — 
And  it  shall  further  be  the  duty  of  the  Executor  or  Administrator 
to  account  for  all  assets,  although  the  same  may  not  have  been 
Inventoried,  and  the  Judge  of  Probate  shall  upon  satisfactory  evi- 
dence of  such  assets  charge  him  therewith  in  the  account  of  Admin- 
istration. 

Section  5.  And  be  it  further  enacted,  that  if  the  personal  Estate 
be  insufficient  for  the  payment  of  the  just  demands  with  which  the 
Estate  of  any  person  deceased  stands  charged,  it  shall  be  the  duty 
of  the  Executor  or  Administrator  thereof  to  apply  for  and  procure 
license  for  the  sale  of  so  much  of  the  Real  Estate  as  will  make  up 
such  deficiency.  And  if  the  Executor  or  Administrator  shall  unrea- 
sonably neglect  or  refuse  to  procure  such  license,  or  shall  ureason- 
ably  neglect  or  refuse  to  sell  in  pursuance  of  any  such  license  when 
granted,  or  shall  conduct  such  sale  fraudulently,  whereby  the  parties 


LAWS   OF   NEW   HAMPSHIRE  I  I  3 

interested  shall  sustain  injury,  or  shall  refuse  to  account  and  re- 
spond for  the  proceeds  thereof,  it  shall  be  deemed  and  held  to  be 
maladministration  by  such  Executor  or  Administrator,  and  a  for- 
feiture of  his  bond. 

Section  6.  And  be  it  further  enacted,  that  it  shall  be  the  duty  of 
the  Executor  or  Administrator,  if  he  has  realized  assets  sufficient,  or 
if  by  due  diligence  he  might  have  realized  such  assets,  to  redeem 
any  personal  or  Real  Estate  of  the  deceased  under  pledge,  mortgage, 
or  levied  on  Execution,  ( the  time  of  redemption  not  having  expired) 
for  less  than  its  value  in  money  or  which  if  unredeemed,  would 
materially  diminish  the  value  of  other  Estate  of  the  deceased,  unless 
he  shall  sell  the  same  by  license  subject  to  the  incumbrance;  and 
the  omission  of  the  Executor  or  Administrator  so  to  redeem, 
whereby  the  equity  of  redemption  is  foreclosed,  shall  be  held  to  be 
maladministration  and  waste. 

Section  7.  And  be  it  further  enacted,  that  all  debts  due  from  the 
Executor  or  Administrator  to  the  Testator  or  Intestate  shall  be  as- 
sets in  his  hands,  for  which  he  shall  account  in  the  same  way  and 
manner,  as  for  a  debt  against  any  other  person;  and  the  Judge  of 
Probate  is  hereby  authorized  to  ascertain  and  liquidate  such  debt, 
and  charge  the  Executor  or  Administrator  therewith;  provided 
nevertheless,  that  if  any  Testator  bequeath  to  his  Executor  any 
such  debt,  his  right  thereto  shall  be  the  same  as  that  of  any  other 
legatee  to  a  debt  specifically  bequeathed. — And  if  the  Estate  be  not 
represented  Insolvent,  demands  due  from  a  person  deceased  to  an 
Executor  or  Administrator  shall  be  liquidated  and  adjusted  by  the 
Judge,  and  credited  the  Executor  or  Administrator  in  the  account 
of  Administration. 

Section  8.  And  be  it  further  enacted,  that  if  an  Executor  or 
Administrator,  in  order  to  secure  or  satisfy  a  debt  due  the  deceased, 
shall  levy  on  the  land  of  the  debtor,  the  heirs  and  Widow,  or  Lega- 
tees shall  htive  the  same  right  in  the  land  so  levied,  that  they  had 
in  the  demand  thereby  secured  or  satisfied,  and  it  shall  vest  in  them 
accordingly  subject  to  the  just  demands  with  which  the  Estate 
stands  charged,  to  the  same  extent,  as  the  money,  if  received  for  the 
debt,  would  be  subject,  and  to  be  sold  by  the  Executor  or  Adminis- 
trator in  the  manner  provided  by  Law.  And  in, case  of  disseizin, 
the  Executor  or  Administrator  may  sue  for  and  recover  the  land  so 
levied,  declaring  upon  his  seizin  thereof  in  his  said  capacity. 

Section  9.  And  be  it  further  enacted,  that  if  any  person,  not 
being  duly  authorized  as  Executor  or  Administrator,  shall  unlaw- 
fully intermeddle  with,  embezzle,  alienate,  waste,  consume  or  de- 
stroy any  of  the  personal  Estate  of  a  deceased  person,  he  shall  stand 
chargeable  and  be  liable  to  the  actions  of  the  creditors  or  others 
aggrieved,  as  Executor  in  his  own  wrong,  to  double  the  amount  or 
value  of  the  Estate  so  intermeddled  with. 


114  LAWS   OF    NEW   HAMPSHIRE 

Section  10.  And  be  it  further  enacted,  that  the  Judge  of  Pro- 
bate be  and  hereby  is  fully  impowered  to  call  before  him,  and  to 
examine  upon  oath,  any  person  suspected  and  complained  of,  by  any 
Executor,  Administrator,  Heir,  Legatee  or  Creditor  of  a  person  de- 
ceased to  have  concealed,  embezzled,  or  conveyed  away  any  of  the 
Personal  Estate  of  the  deceased,  for  discovery  of  the  same. — And 
if  the  person  suspected  and  complained  of  refuse  to  appear  before 
the  said  Judge,  or  appearing  refuse  to  be  examined,  or  to  answer 
interrogatories  upon  oath  respecting  such  Estate,  the  said  Judge  is 
hereby  authorized  to  commit  the  person  so  refusing  unto  the  com- 
mon Gaol  in  any  County  where  such  person  may  be  found,  there  to 
remain,  until  he  or  she  consent  to  be  examined  and  answer  inter- 
rogatories as  aforesaid,  or  be  released  by  the  complainant,  or  by 
order  of  the  Superior  Court  of  Judicature.  And  on  a  like  com- 
plaint of  any  Guardian  in  relation  to  the  property  of  his  ward,  or 
complaint  of  any  creditor,  relative,  or  friend  of  such  ward,  like 
proceedings  may  be  had — 

Section  n.  And  be  it  further  enacted,  that  all  Sheriffs, 
Deputy  Sheriffs,  and  constables  be  and  they  hereby  are  required 
duly  to  serve  and  execute  any  legal  warrant  or  process  to  them 
directed  by  a  Judge  of  Probate. 

Section  12.  And  be  it  further  enacted,  that  the  Estate  of  any 
person  deceased,  and  the  Executor  or  Administrator  thereof,  shall 
be  liable  for  joint  demands  against  the  deceased  and  any  other  per- 
son, in  the  same  way  and  manner,  as  they  would  be  liable,  if  such 
demands  were  several  as  well  joint,  unless  it  appear  to  have  been 
the  intention  of  the  parties,  that  the  demand  should  survive  only 
against  the  longest  liver. 

Section  13.  And  be  it  further  enacted,  that  when  there  are  two 
or  more  Executors  on  an  Estate,  and  either  of  them  shall  have  more 
than  his  share  of  the  Estate,  and  shall  refuse  to  pay  the  same  out  in 
discharge  of  the  just  demands,  with  which  it  is  charged,  or  refuse  to 
account  with  his  co-executor,  the  aggrieved  Executor  shall  have  and 
may  bring  an  action  of  account  against  the  Executor  so  refusing,  and 
recover  such  proportionable  share  of  the  Estate  as .  may  justly 
belong  to  him.  And  Joint  Administrators  and  Guardians,  under  like 
circumstances,  shall  have  the  like  remedy  against  each  other. 

Section  14.  And  be  it  further  enacted,  that  the  Executor  of  an 
Executor  shall  not,  in  consequence  thereof,  become  the  Executor  of 
the  first  Testator.  And  if  any  feme  Executrix,  Administratrix  or 
Guardian  shall  marry,  her  husband  shall  not  thereby  become  Exec- 
utor, Administrator  or  Guardian  in  her  right,  but  such  marriage 
shall  operate  an  extinguishment  of  the  trust.  And  if  any  Executor, 
Administrator  or  Guardian,  by  reason  of  absence,  or  any  infirmitv 
of  body  or  mind  or  by  wasteful  or  fraudulent  management  in  his 
trust,  shall  become  unfit  for  the  discharge  thereof,  or  unsafe  to  be 
intrusted  therewith,  it  shall  be  in  the  power  of  the  Judge  of  Probate 


LAWS   OF   NEW   HAMPSHIRE  I  I  5 

for  the  county  where  such  Executor,  Administrator,  or  Guardian 
received  his  appointment,  upon  due  notice  given,  and  examination 
had,  to  revoke  the  same;  and  such  revocation  may  be  made  under 
any  circumstances  with  the  consent  of  the  Executor,  Administrator, 
or  Guardian,  and  the  persons  interested,  when  it  shall  appear  to  be 
for  their  benefit. — And  all  Guardianships  over  persons  Non  compos 
and  other  persons  not  minors,  when  it  shall  be  made  to  appear,  that 
the  cause,  for  which  the  same  was  granted,  has  ceased,  or  is  re- 
moved, shall  be  revoked. — And  if  the  sureties  of  any  Executor,  Ad- 
ministrator or  Guardian  shall  be  insufficient,  it  shall  be  the  duty 
and  in  the  power  of  the  Judge  of  Probate,  to  require  such  Executor, 
Administrator  or  Guardian,  to  furnish  new  and  sufficient  sureties 
for  the  faithful  discharge  of  the  trust,  and  upon  refusal  or  neglect, 
after  a  reasonable  time  allowed,  to  revoke  said  trust. 

Section  15.  And  be  it  further  enacted,  that  if  the  Probate  of  a 
Will  be  not  contested,  the  Judge  may  allow  and  approve  the  same, 
upon  the  testimony  of  one  of  the  subscribing  witnesses  thereto, 
although  the  other  subscribing  witnesses  be  living  and  within  the 
process  of  the  Court.  And  when  any  Will  shall  be  offered  for  Pro- 
bate, and  any  of  the  witnesses  live  out  of  the  State,  or  more  than 
thirty  miles  from  the  place  of  holding  the  Court,  or  by  reason  of 
infirmity  or  other  necessary  detention  are  unable  to  appear  and 
give  evidence;  the  deposition  of  such  witness  may  be  taken  in 
writing,  before  any  person  duly  authorized  by  Dedimus  potestatem 
from  the  Judge  or  Court  of  Probate  before  whom  the  Will  is  to  be 
proved. — And  the  deposition  of  any  Executor,  Administrator,  Guar- 
dian or  other  person,  who  would  otherwise  be  required  by  law  to  be 
sworn  before  any  Judge  or  Court  of  Probate,  may  be  taken  by  order 
of  said  Judge  or  Court  of  Probate  in  the  same  manner,  whenever 
the  personal  attendance  of  such  Executor,  Administrator,  Guardian 
or  other  person  is  prevented  by  infirmity,  or  other  necessary  deten- 
tion. 

Section  16.  And  be  it  further  enacted,  that  if  any  person,  know- 
ing* of  his  being  named  in  any  will  as  the  Executor  thereof,  neg- 
lect for  more  than  thirty  days  after  the  death  of  the  Testator,  to 
cause  the  said  Will  to  be  proved,  or  to  present  the  same  to  the  Judge 
to  whom  the  Probate  thereof  belongs,  or  lodge  it  in  the  Probate 
Office,  and  in  writing  signify  a  refusal  of  the  trust,  he  shall,  unless 
his  excuse  for  such  neglect  be  accepted  and  certified  by  the  Judge 
as  reasonable,  forfeit  the  sum  of  twenty  dollars,  for  the  first  ten 
days  of  such  neglect  after  the  expiration  of  the  said  thirty  days, 
and  the  same  sum  for  every  thirty  days  afterwards,  to  be  recovered 
bv  any  person  who  will  sue  for  the  same,  in  an  action  of  debt  in  any 
Court  of  competent  jurisdiction.  And  if  there  be  two  or  more 
Executors  so  neglecting,  they  shall  be  jointly  and  severally  liable 
to  such  action. 

Section   17.     And  be  it  further  enacted,  that  it  shall  be  in  the 


Il6  LAWS  OF   NEW   HAMPSHIRE 

power  of  the  Judge  of  Probate  to  make  to  the  Widow  of  any  person 
dying  Intestate,  a  reasonable  allowance  out  of  the  Inventory  of  the 
Personal  Estate  for  her  present  support  and  comfort;  and  the  same 
shall,  at  the  time  of  making  the  decree  for  distribution,  be  taken 
into  consideration,  and  the  whole  or  any  part  thereof,  as  the  Judge 
shall  think  reasonable,  may  be  ordered  to  go  in  diminution  of  her 
share  in  such  distribution. — And  in  case  of  a  person  dying  Testate, 
if  the  Eatate  shall  be  represented  Insolvent,  or  if  it  is  manifest, 
that  the  Testator  was  deceived  in  the  condition  of  his  Estate,  where- 
by the  provision  made  for  his  widow  shall  be  materially  affected, 
it  shall  be  in  the  power  of  the  Judge  of  Probate  to  make  to  her  a 
similar  allowance;  provided  she  waive  the  provision  made  for  her  in 
the  Will  and  take  her  dower  at  common  law. 

Section  18.  And  be  it  further  enacted,  that  no  action  for  any 
cause  of  action  against  a  person  deceased  shall  be  sustained  against 
the  Executor  or  Administrator,  if  commenced  at  any  time  within 
one  year  after  the  original  grant  of  Administration;  nor  shall  any 
such  action  be  ever  sustained  against  any  Executor  or  Administrator, 
unless  the  demand  was  exhibited  to  the  Executor  or  Administrator, 
or  one  of  the  Executors  or  Administrators  sued. — And  no  such  ac- 
tion shall  ever  be  sustained,  unless  the  demand,  whether  payable  or 
not,  was  exhibited,  within  two  years  from  the  original  grant  of  Ad- 
ministration, to  the  Executor  or  Administrator  acting  as  such  at  the 
time  of  the  exhibition,  but  every  remedy  for  the  recovery  thereof 
against  any  Executor  or  Administrator  shall  be  barred;  provided 
nevertheless,  that  if,  within  the  said  two  years,  the  Estate  of  such 
deceased  person  shall  have  been  represented  Insolvent,  no  such 
exhibition  of  the  demand  shall  be  necessary,  to  entitle  the  creditor 
to  have  the  same  allowed  by  the  commissioners  of  Insolvency;  and 
provided  further,  that  if  the  demand  depended  upon  a  contingency 
which  might  never  have  happened,  but  which  shall  have  happened 
after  the  said  two  years  and  the  creditor  shall  exhibit  the  same 
before  the  final  settlement  and  distribution  of  the  Estate,  the 
Executor  or  Administrator  shall  be  liable  for  therefor  as  in  other 
cases  of  Estates  not  represented  Insolvent,  but  only  to  the  extent 
of  the  assets  under  his  control,  and  which  shall  remain  after  the 
discharge  of  the  other  demands  with  which  the  Estate  stands 
charged. — And  provided  further,  that  if  during  the  said  two  years 
there  should  be  any  suspension  of  the  Administration  of  the  Estate 
by  reason  of  the  death  of  the  Executor  or  Administrator  or  other- 
wise, the  creditors  aforesaid  shall  have,  for  the  exhibition  of  their 
demands,  a  time  beyond  the  said  two  years  equal  to  the  time  of 
such  suspension. 

Section  19.  And  be  it  further  enacted,  that  all  writs  of  attach- 
ment and  Executions  for  any  cause  of  action  against  a  person  de- 
ceased, shall  run  only  against  the  goods  or  Estate  of  the  deceased 
person  in  the  hands  of  the  Executor  or  Administrator;  nor  shall  any 


LAWS  OF   NEW   HAMPSHIRE  117 

Executor  or  Administrator  be  held  to  special  bail  upon  mesne 
process;  nor  shall  his  Estate  be  seized,  or  his  person  arrested,  or 
taken  on  Execution  for  any  such  cause  of  action,  except  that  upon 
return  made  by  the  Sheriff  on  an  Execution  of  "No  goods"  or  of 
"waste",  a  scire  facias  may  be  issued  against  such  Executor  or 
Administrator,  and  if  upon  the  return  thereof,  he  fail  to  appear,  or, 
if  after  appearance,  shall  not  shew  sufficient  cause,  execution  shall 
be  awarded  against  such  Executor  or  Administrator  of  his  own 
proper  goods  and  Estate  to  the  value  of  the  waste,  when  it  can  be 
ascertained,  and  otherwise  for  the  whole  sum  recovered,  and  for 
want  of  goods  or  estate,  against  the  body  of  such  Executor  or 
Administrator.— And  no  Executor  or  Administrator  shall  be  com- 
pelled to  plead  specially  to  any  action  brought  against  him  in  that 
capacity,  but  may,  under  the  general  issue,  give  any  special  matter 
in  evidence. 

Section  20.  And  be  it  further  enacted,  that  when  any  Executor 
or  Administrator  is  Plaintiff  or  Defendant  in  any  suit,  such  suit  shall 
not  abate  by  reason  of  the  death  of  such  Executor  or  Administrator, 
or  by  reason  of  the  extinguishment  or  revocation  of  the  trust  of  such 
Executor  or  Administrator,  but  the  same  may  be  prosecuted  or  de- 
fended by  the  Executor  or  Administrator,  that  shall  succeed  to  the 
trust,  as  a  suit  instituted  by  or  against  a  person  since  deceased  may 
be  prosecuted  or  defended;  and  the  action  may  be  revived,  and  such 
Executor  or  Administrator  be  called  into  Court,  by  scire  facias,  to 
prosecute  or  defend,  in  the  same  way  and  manner;  and  the  whole 
cost  of  the  suit  shall  follow  the  Judgment  as  in  other  cases. 

Section  21.  And  be  it  further  enacted,  that  the  expenses  of  as- 
signing the  Widow's  Dower,  and  the  expenses  attending  the  division 
or  assignment  of  the  Real  Estate  and  of  appointing  Guardians  to 
minors  and  others  incapacitated  to  take  care  of  their  interest, 
whether  heirs  or  legatees,  shall  be  held  and  taken  to  belong  to  the 
expense  of  administration,  and  shall  be  allowed  as  such. 

Section  22.  And  be  it  further  enacted,  that  the  several  Judges 
of  Probate  in  their  respective  counties  in  this  State,  when  and  so 
often  as  there  shall  be  occasion,  be  and  hereby  are  empowered  to 
appoint  guardians  to  minors;  and  when  any  minor  shall  have  arrived 
to  the  age  of  fourteen  years,  whether  such  minor  be  under  guar- 
dianship or  not,  the  Judge  shall  appoint  such  suitable  person  for  a 
guardian,  as  the  minor  may  elect;  provided  however,  that  if  no  new 
guardian  be  appointed,  the  former  guardianship  shall  continue  and  be 
in  force.  And  the  Judge  shall  take  from  every  such  guardian  a  bond 
with  sufficient  sureties,  upon  condition  among  other  things,  for  a 
faithful  performance  of  his  trust  according  to  law,  and  to  render 
an  account  upon  oath  to  the  Court  of  Probate  when  required,  and 
to  respond  to  the  minor  when  of  full  age  or  otherwise,  as  the  Court 
of  Probate  shall  order.  And  it  shall  be  the  duty  of  every  such 
guardian,  if  required,  to  return  an  Inventory  of  the  estate  of  the 


I  1 8  LAWS   OF    NEW    HAMPSHIRE 

minor,  to  be  taken  and  made  in  the  same  way  and  manner,  as  in- 
ventories of  the  estates  of  persons  deceased  are  to  be  taken  and 
made. 

Section  23.  And  be  it  further  enacted,  that  upon  a  request  made 
in  writing  by  any  relative  or  friend  of  any  person,  who  is  an  idiot, 
non  compos,  lunatic  or  distracted  person,  or  upon  the  like  request 
of  the  overseers  of  the  poor  of  the  town,  in  which  such  person  lives 
or  is  an  inhabitant,  that  a  guardian  may  be  appointed  over  such 
person,  the  Judge  of  Probate  for  the  county,  in  which  said  town  is 
situated,  shall  cause  the  Selectmen  of  such  town  to  make  inquisition 
thereinto;  and  if  upon  return  of  such  inquisition  and  due  examina- 
tion had,  it  shall  appear  to  the  said  Judge  and  be  decreed  by  him, 
that  such  person  is  an  idiot,  non  compos,  lunatic,  or  distracted  per- 
son, it  shall  be  in  the  power  of  the  said  Judge  to  appoint  a  guardian 
or  guardians  over  such  person;  provided  no  such  decree  shall  be 
passed  or  appointment  made,  until  the  person,  over  whom  a  guar- 
dian is  requested,  shall  have  been  cited  and  had  opportunity  to 
appear  and  shew  cause  against  the  same. — And  when  any  person  by 
excessive  drinking,  gaming,  idleness,  debauchery  or  vicious  habits 
of  any  kind,  shall  so  waste,  spend  or  lessen  his  Estate,  or  shall  so 
neglect  to  attend  to  any  useful  calling  or  business;  which  he  may 
be  capable  of  attending  to  as  thereby  to  expose  himself  or  his 
family,  or  any  of  them,  to  want  or  suffering  circumstances,  or  to 
endanger  or  expose  the  town  to  which  he  belongs,  in  the  judgment 
of  the  Selectmen  of  the  town  in  which  he  resides,  to  charge  or  ex- 
pense for  the  maintenance  and  support  of  him,  or  his  family,  or 
any  of  them,  and  the  Selectmen,  or  the  major  part  of  them,  shall 
make  complaint  thereof  in  writing  to  the  Judge  of  Probate  for  the 
county  where  such  person  resides,  said  Judge  shall  appoint  a  day 
of  hearing,  and  cause  the  person  complained  of  to  have  due  notice 
of  the  complaint  and  of  the  time  of  hearing  the  same,  to  the  end 
that  he  may  appear  and  be  heard  thereon;  and  if  upon  examination 
had,  it  shall  appear  that  such  person  comes  within  the  description 
aforesaid,  the  said  Judge  is  hereby  empowered  to  appoint,  and  shall 
appoint,  one  or  more  of  the  said  Selectmen,  or  some  other  suitable 
and  discreet  person  or  persons  to  be  guardian  or  guardians  over  such 
person  so  complained  of. — And  every  guardian  appointed  by  virtue 
of  this  section  shall  give  bond  to  the  Judge  of  Probate  in  a  reason- 
able sum  with  sufficient  sureties,  upon  condition,  among  other 
things,  for  the  faithful  discharge,  according  to  law,  of  the  trust  re- 
posed in  him,  and  for  rendering  upon  oath  a  true  and  just  account 
of  his  guardianship,  when  and  so  often  as  he  shall  be  thereto  re- 
quired.— And  it  shall  be  the  duty  of  every  such  guardian,  to  make 
and  return  a  true  and  perfect  inventory  of  the  estate  of  his  ward, 
in  the  same  way  and  manner  as  inventories  of  estates  of  persons 
deceased  are  taken  and  made. — And  it  shall  also  be  the  duty  of 
such  guardian,  to  take  care,  as  well  of  the  person,  as  of  the  Estate 


LAWS  OF   NEW  HAMPSHIRE  I  I  9 

both  real  and  personal  of  his  said  ward,  and  the  same  to  improve 
frugally  and  without  waste  or  destruction,  and  to  apply  the  annual 
profits  and  income  thereof  for  the  comfortable  maintenance  and 
support  of  his  said  ward,  and  also  of  his  household  and  family  if 
any  such  he  have,  and  to  collect  the  dues  of  his  said  ward,  to  pay 
his  just  debts  out  of  his  property  in  the  most  economical  and  least 
expensive  manner,  and  in  all  things  to  use  his  endeavors,  that  his 
said  ward  shall  suffer  no  injustice;  and  generally,  to  take  care  of 
the  estate  and  rights  of  his  said  ward  in  as  full  and  ample  a  manner, 
as  the  said  ward  could  or  might  do,  were  he  in  his  right  mind  or 
not  under  guardianship;  and  such  ward  shall  sue  and  be  sued, 
prosecute  and  defend  by  his  guardian. — And  every  such  guardian 
shall,  immediately  after  his  appointment,  give  public  notice  thereof 
in  some  public  newspaper  printed  in  the  county,  if  any  there  be,  or 
in  such  newspaper  as  said  Judge  shall  direct,  and  in  all  cases  shall 
post  up  a  notification  thereof  in  the  town  where  his  ward  resides. — 
And  it  shall  be  the  duty  of  every  guardian  appointed  over  any  per- 
son on  account  of  his  vicious  habits  as  aforesaid,  to  inculcate  habits 
of  sobriety  and  industry  in  his  ward;  and  he  may  bind  his  ward  or 
the  children  of  such  ward  out  to  labor,  or  employ  them  in  the  work 
house;  provided  that  every  contract  made  by  the  guardian  in  such 
case  shall  be  in  writing,  and  express  the  term  which  the  person,  so 
bound  out,  or  employed  is  to  serve,  which  shall  not  exceed  one  year 
at  a  time,  but  may  be  renewed  as  there  shall  be  occasion. 

Section  24.  And  be  it  further  enacted,  that  no  bargain  or  sale 
of  real  or  personal  estate,  or  contract  of  any  nature  whatever,  made 
by  a  person  under  guardianship  for  vicious  habits,  after  the  appoint- 
ment made,  and  during  the  continuance  of  such  guardianship,  shall 
be  valid  in  law.  And  no  such  bargain,  sale  or  contract  shall  be  valid, 
if  made  after  an  attested  copy  of  the  complaint  presented  to  a  Judge 
of  Probate,  upon  which  a  guardian  shall  be  afterwards  appointed, 
and  the  order  of  notice  thereon,  shall  have  been  filed  with  the  clerk 
of  the  town  in  which  the  person  complained  of  resides;  unless  the 
guardian  by  an  instrument  under  his  hand  and  seal  shall  after- 
wards approve  and  ratify  the  same. 

Section  25.  And  be  it  further  enacted,  that  all  guardians  shall 
be  entitled  to  a  reasonable  compensation  for  their  expenses  and 
services  in  the  discharge  of  their  trust.  And  the  examining  and 
allowing  of  all  accounts  of  guardians  shall  appertain  to  the  Judge 
of  Probate  for  the  county  where  the  appointment  was  made. — And 
if  the  balance,  on  any  such  account,  be  against  the  ward,  it  shall  be 
a  lien  upon  all  the  estate  of  the  ward  real  and  personal,  not  disposed 
of  by  the  guardian,  for  the  recovery  of  which,  after  he  ceases  to  be 
guardian,  he  may  maintain  an  action  for  money  paid  and  advanced. 

Section  26.  And  be  it  further  enacted,  that  no  account  of  an 
Executor,  Administrator  or  guardian  shall  be  allowed  until  the  heirs, 
legatees,  creditors  or  other  person  interested  therein,  shall  have  been 


120  LAWS  OF   NEW   HAMPSHIRE 

notified  of  the  time  and  place  of  rendering  the  same,  by  a  citation 
issued  for  that  purpose,  which  citation  shall  be  served  by  giving  per- 
sonal notice,  or  by  publishing  the  same  in  some  public  newspaper,  or 
otherwise  as  the  Judge  may  order. — And  no  private  claim  of  an 
accountant  shall  be  credited  to  him  on  settlement  of  his  account, 
unless  special  notice  thereof  be  given  in  such  citation. 

Section  27.  And  be  it  further  enacted,  that  it  shall  be  the  duty 
of  every  executor  and  administrator,  upon  the  payment  to  any  heir 
or  legatee  of  their  distributive  share  of  the  estate  in  the  hands  of 
such  executor  or  administrator,  to  take  from  such  legatee  or  heir  a 
lawful  receipt  or  discharge  therefor,  and  of  every  guardian,  to  take  a 
similar  receipt  or  discharge,  when  he  shall  pay  or  deliver  over  the 
property  of  his  ward  to  the  said  ward  or  his  legal  representative, 
and  to  lodge  such  receipt  or  discharge  in  the  Probate  office  for  the 
county  where  such  executor,  administrator  or  guardian  gave  bond, 
where  it  shall  be  safely  kept,  the  time  of  its  being  so  lodged  or  filed, 
being  certified  on  the  same  by  the  Judge  or  Register. — And  upon  the 
complaint  of  any  surety  of  any  executor,  administrator  or  guardian, 
or  the  legal  representatives  of  such  surety,  that  such  executor,  ad- 
ministrator or  guardian  has  omitted  to  return  such  receipt  or  dis- 
charge to  the  Probate  office,  such  delinquent  executor,  administrator 
or  guardian,  shall  be  cited  to  appear  and  return  the  same;  and,  in 
case  of  his  inability  or  refusal  so  to  do,  to  assign  his  reasons  there- 
for;, and,  unless  upon  a  hearing  had  thereon,  the  Judge  shall  certify 
the  reasons  of  the  omission  to  be  sufficient,  such  executor,  adminis- 
trator or  guardian,  shall,  for  every  thirty  days  delay,  to  return  and 
lodge  in  the  Probate  office  such  discharge,  after  said  hearing,  forfeit 
the  sum  of  twenty  dollars,  to  be  recovered  by  the  person  complaining 
in  an  action  of  debt  before  any  court  of  competent  jurisdiction. 

Section  28.  And  be  it  further  enacted,  that  the  Judge  of  Pro- 
bate, to  whom  the  granting  of  administration  on  the  estate  of  any 
person  deceased  by  law  appertains,  shall,  upon  application  to  him 
made  therefor,  cause  the  dower  of  the  widow,  where  she  is  entitled 
to  dower,  to  be  assigned  her  in  the  real  estate  of  which  her  husband 
died  seized  and  possessed,  by  a  committee  of  three  or  more  free- 
holders not  exceeding  five,  which,  being  returned  under  their  or  the 
major  part  of  their  hands  upon  oath  to  their  fidelity  or  impartiality 
therein,  and  accepted  and  allowed  by  the  Judge,  due  notice  having 
been  given  by  the  committee  to  the  parties  interested,  shall  be  valid. 
And  her  dower  in  all  the  real  estate  of  the  deceased  may  be  assigned 
her  in  one  or  more  parcels  thereof  as  shall  be  convenient. — And  in 
like  manner  the  said  Judge  may  cause  the  share  of  any  devisee  or 
heir  in  the  real  estate  of  any  person  deceased  or  any  part  thereof 
and  in  the  dower  of  the  widow  when  it  shall  have  reverted,  to  be 
set  off,  and  may  in  the  same  manner  cause  the  whole  or  any  part 
of  the  real  estate  of  any  person  deceased  to  be  divided  among  the 
devisees  or  heirs  thereof,  or  their  legal  representatives,  according 


LAWS   OF   NEW   HAMPSHIRE  12  1 

to  their  respective  interests.  But  if  any  real  estate  that  is  intestate 
cannot,  in  the  opinion  of  the  committee,  be  divided  among  all  the 
heirs  or  their  legal  representatives,  without  great  prejudice  to  or 
spoiling  the  whole,  they  shall  appraise  the  same  at  its  just  value, 
giving  a  general  description  thereof,  and  make  return  of  their  do- 
ings; and  if  the  same  shall  be  approved  by  the  Judge,  he  may 
decree  the  whole  to  the  oldest  male  heir  that  will  accept  it,  or  to 
him  and  any  other  of  the  male  heirs  who  will  accept  it,  and  upon 
their  refusal,  or  if  there  be  no  male  heirs,  to  the  oldest  female  heir 
that  will  accept  it,  or  upon  her  and  any  other  of  the  female  heirs 
that  will  accept  it,  preference  being  always  given,  when  there  are 
two  grades  of  kin  that  are  heirs,  to  the  grade  which  is  nearest  of 
kin,  he,  she  or  they  paying  to  their  co-heirs  their  respective  and  pro- 
portionable shares  of  the  appraised  value  thereof,  or  giving  good 
security  to  pay  the  same  with  interest  at  such  periods  as  the  Judge 
shall  limit.  And  if  any  tract  of  land,  messuage  or  other  tenement 
shall  be  of  greater  value  than  the  share  of  any  devisee  or  heir  in  the 
estate  to  be  divided,  and  cannot  be  subdivided  and  a  part  thereof 
assigned  to  one,  and  a  part  to  another  without  injury  or  inconven- 
ience, the  whole  of  such  tract,  messuage  or  tenement  may  be  as- 
signed to  one  of  the  parties,  such  party  paying  such  sum  or  sums  of 
money  to  the  party  or  parties,  as  by  means  of  the  assignment  shall 
have  less  than  their  share  of  the  land,  as  the  committee  shall 
award. — And  if  any  estate  out  of  which  dower  is  to  be  assigned, 
or  any  estate  so  to  be  divided,  appraised  or  assigned,  or  any  part 
thereof  lies  in  common  and  undivided  with  the  estate  of  any  other 
person,  the  Judge  of  Probate  may  in  and  by  his  warrant  authorize 
the  committee,  first  to  make  severance  and  division  between  the 
estates  thus  lying  in  common;  and  no  warrant  for  the  division  of 
any  real  estate  among  the  heirs  or  devisees  shall  be  issued  by  a 
Judge  of  Probate,  until  guardians  shall  have  been  appointed  over 
the  minors,  and  others  incapacited  to  take  care  of  their  estates,  that 
are  interested,  and  agents  shall  have  been  appointed  to  represent 
and  act  for  those  interested  that  are  out  of  the  State.  And  it  shall 
be  the  duty  of  every  committee,  appointed  for  the  purpose  of  mak- 
ing such  division,  to  give  reasonable  notice  to  all  parties  interested, 
their  guardians,  agents  or  Attornies,  when  they  will  proceed  upon 
the  premises,  and  in  their  report  to  the  Judge,  they  shall  certify 
that  they  have  so  notified. — And  every  party  to  whom  any 
estate  of  a  person  deceased  shall  be  decreed  to  be  set  off,  distrib- 
uted, assigned,  paid  or  secured,  shall,  if  required  give  bond  to  the 
Jud?e  of  Probate  with  sufficient  sureties  to  pay  to  the  executor  or 
administrator  in  default  of  other  estate  in  the  hands  of  such  executor 
or  administrator  his  or  her  rateable  proportion  of  the  just  demands 
then  outstanding  with  which  the  estate  is  chargeable. 

Section  29.     And  be  it  further  enacted,  that  if  the  parties  request 
it.  the  reversion  of  the  widow's  dower  may,  at  its  fair  value,  to  be 


122  LAWS  OF   NEW  HAMPSHIRE 

estimated  by  the  committee,  be  set  off,  divided,  appraised  or 
assigned  with  the  other  real  estate;  provided  however,  that  the 
possession  and  improvement  of  the  dower  shall  not  be  affected 
thereby. 

Section  30.  And  be  it  further  enacted,  that  when  any  person  or 
persons  interested  with  others  in  any  real  estate,  there  being  no 
dispute  about  the  title,  shall  petition  the  Judge  of  Probate  for  the 
county  where  such  estate,  or  the  greater  part  thereof  is  situated,  to 
have  his  or  their  share  in  such  estate  divided  and  set  off  from  the 
rest,  said  Judge  shall  appoint  a  place  and  day  of  hearing,  and  cause 
the  several  parties  interested  therein,  or  such  of  them  as  are  known, 
to  have  notice  thereof,  by  being  personally  served  with  an  attested 
copy  of  the  petition  and  order  of  notice  thereon,  or  by  having  the 
same  left  at  their  last  and  usual  place  of  abode,  at  least  fifteen 
days,  or  by  causing  the  same  to  be  published  in  some  public 
newspaper  printed  in  the  State  three  weeks  successively  at  least 
thirty  days,  before  the  time  assigned;  and  if  on  such  hearing  no 
sufficient  objection  appear,  he  shall  cause  partition  to  be  made 
agreeably  to  the  prayer  of  the  petition,  by  his  warrant  directed  to 
three  or  more  freeholders  not  exceeding  five,  which  being  returned 
under  their  or  a  major  part  of  their  hands  upon  oath  to  their  fidelity 
and  impartiality  therein,  and  approved  and  allowed  by  the  Judge, 
shall  be  binding  on  all  parties.  And  when  the  estate  is  so  situated, 
that  it  cannot  be  divided  so  as  to  give  to  each  party  his  equal  share 
therein,  without  great  prejudice  or  inconvenience,  the  same  may  be 
assigned  to  one  of  the  petitioning  parties,  he  or  she  paying  to  the 
other  petitioners  or  owners  who  by  means  thereof  shall  have  less 
then  his,  her  or  their  share,  such  sum  or  sums  of  money,  as  the  com- 
mittee shall  award,  or  giving  bond  with  sufficient  sureties  to  pay 
the  same  with  interest  within  such  time  as  the  Judge  of  Probate  shall 
limit. — Provided  always,  that  no  such  order  for  partition  shall  be 
made  until  guardians  shall  have  been  appointed  to  minors  and  others 
incapacitated  to  take  care  of  their  estate,  who  are  interested  and 
living  in  this  State,  and  agents  appointed  for  such  parties  as  live 
out  of  the  State  or  are  unknown,  to  be  advising  on  their  behalf  in 
the  making  of  such  partition.  And  it  shall  be  the  duty  of  said  com- 
mittee to  give  reasonable  notice  to  all  concerned,  their  guardians, 
agents,  or  Attornies,  of  the  time  when  they  will  proceed  upon  the 
premises,  and  to  certify  in  their  report  that  they  have  so  notified. 

Section  31.  And  be  it  further  enacted,  that  when  the  partition 
or  division  of  any  estate  lying  in  common  with  the  estate  of  any 
other,  has  been  made  by  order  of  the  Judge  of  Probate,  and  any 
of  the  parties  interested  shall  neglect  or  refuse  to  pay  his  just  pro- 
portion of  the  charges  attending  such  division  or  partition,  the  said 
Judge  shall  cause  the  same  to  be  levied  by  his  warrant  of  distress; 
provided  an  account  of  such  charges  be  first  laid  before  him,  and 
the  just  proportion  of  the  parties  interested  adjusted  and  allowed 


LAWS  OF   NEW   HAMPSHIRE  I  23 

by  him  after  due  notice  given  to  the  party  or  parties,  against  whom 
the  warrant  of  distress  is  to  issue,  to  be  present  at  such  adjustment 
and  allowance. 

Section  32.  And  be  it  further  enacted,  that  all  wills  and  their 
probates,  inventories,  accounts,  proceedings  relative  to  real  estate, 
and  all  orders,  decisions  and  appointments  from  which  an  appeal 
might  be  claimed,  shall  be  recorded  in  the  Probate  office  in  some 
suitable  book  or  books  furnished  for  that  purpose.  And  every  ex- 
ecutor, administrator,  and  guardian  shall  be  entitled  to  have  certi- 
fied copies  of  all  proceedings  relating  to  their  trust,  and  to  be  cred- 
ited the  expense  thereof  in  their  respective  accounts. 

Section  ^^.  And  be  it  further  enacted,  that  no  Register  of  Pro- 
bate in  this  State  shall  be  appointed  an  appraiser  or  commissioner 
on  any  estate,  under  administration,  in  any  Probate  office  of  which 
he  is  Register. 

Section  34.  And  be  it  further  enacted,  that  this  Act  shall  not 
take  effect  or  be  in  force  until  the  first  day  of  January  next. 


[CHAPTER  31.] 

State  of  } 

New  Hampshire.  \ 

An  Act  empowering  the  several  Judges  of  Probate  to  license 
executors,  administrators  and  guardians,  to  sell  real  es- 
tate in  certain  cases  and  for  perpetuating  the  evidence  of 
such  sales. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  56;  recorded  Acts, 
vol.  22,  p.  203.  Session  Laws,  1822,  Chap.  30.  Laws,  1824  ed.,  p.  148;  id., 
1830  ed.,  p.  365.  See  acts  of  July  3,  1822,  July  1,  1825,  June  30,  1826,  and 
January  2,  1829,  post;  June  29,  1829,  Session  Laws,  1829,  Chap.  26:  June  28, 
1834,  id.,  1834,  Chap.  183.  Repealed  December  23,  1842.  See  Revised  Stat- 
utes (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  in  default  of  personal 
estate  to  answer  the  just  demands  against  the  estate  of  any  person 
deceased,  which  just  demands  shall  be  considered  to  include  not  only 
the  debts  which  the  deceased  owed,  but  the  funeral  expences,  the 
expences  of  administration,  the  legacies  given,  and  necessary  charges 
for  support  of  the  children  under  seven  years  of  age,  when  the 
estate  is  intestate  and  not  in  fact  insolvent,  the  Judge  of  Probate 
for  the  County,  where  the  administration  was  granted,  or  will 
proved,  is  hereby  empowered  to  license  and  authorise  the  executor 
or  administrator  of  such  estate  to  sell  at  public  auction  so  much 
of  the  real  estate  of  the  deceased,  as  shall  raise  a  sum  of  money 
to  be  fixed  upon  by  the  Judge  and  sufficient  for  the  purpose  afore- 


124  LAWS  OF   NEW  HAMPSHIRE 

said.  And  the  said  Judge  may  in  such  license,  when  he  shall  deem 
it  expedient,  specify  the  tract  or  parcel  of  land  out  of  which  the  sale 
shall  be  made  and  the  money  raised.  And  the  executor  or  admin- 
istrator shall,  upon  receiving  the  license,  or  before  proceeding  to  act 
under  the  same,  take  the  following  oath. — 

"/,  A.B,  do  solemnly  swear,  that  in  disposing  of  the  estate  of  CD. 
late  deceased  or  such  part  thereof  as  I  have  license  to  sell,  I  will  use 
my  best  judgment  in  fixing  on  and  advertising  the  time  and  place  of 
sale,  and  will  exert  my  utmost  endeavours,  that  the  same  shall  be 
sold  in  such  manner,  as  will  be  of  the  greatest  advantage  to  the 
persons  interested  in  said  estate,  and  that  without  any  sinister  or 
selfish  views  whatever.''  which  oath,  if  taken  before  a  justice  of  the 
peace,  shall  be  returned  to  and  filed  in  the  Probate  Office,  before 
the  allowance  of  the  account  of  administration.  And  every  exec- 
utor, or  administrator,  so  authorized  and  sworn,  and  having  so 
advertised  and  sold,  may  and  shall  execute  and  deliver,  in  due  form 
of  law,  a  good  and  valid  conveyance  of  the  estate  sold  to  the  pur- 
chaser, being  the  highest  bidder,  his  heirs,  and  assigns.  Provided 
nevertheless,  that  in  all  cases  of  application  by  an  executor  or 
administrator  for  license  to  sell  real  estate,  the  Judge  of  Probate, 
before  he  grants  such  license,  shall  cause  the  heirs  and  devisees  to 
such  estate  or  their  guardians,  to  be  notified  thereof,  and  at  what 
time  and  place  they  may  be  heard  concerning  the  same;  and  if  they 
will  give  bond  with  sufficient  sureties  for  the  payment  of  said  de- 
mands and  to  save  harmless  the  executor  or  administrator  there- 
from, no  license  shall  be  granted;  and  provided  further,  that  when 
the  executor  or  administrator  is  not  under  sufficient  bond  to  account 
for  the  money,  which  he  may  be  authorized  to  raise  by  such  license, 
the  judge  may  and  shall  require  and  take  from  such  executor  or 
administrator  a  bond  with  sufficient  sureties  to  account  for  the  same. 

Section  2'1 — And  be  it  further  enacted,  that  the  real  estate,  of 
which  the  judge  of  probate  may  by  virtue  of  this  act  authorize  the 
sale,  shall  be  construed  to  extend  to  and  include  the  reversion  of  the 
widow's  dower  and  any  estate  in  land  not  less  than  freehold;  pro- 
vided however  that  when  any  estate  in  land  other  than  a  present 
fee  in  the  same  is  to  be  sold  by  virtue  of  this  act,  such  estate  shall 
be  specified  in  the  application  for  license,  in  the  order  of  notice,  and 
the  license. 

Section  3.  And  be  it  further  enacted,  that  when  it  shall  be  nec- 
essary to  sell  any  real  estate  of  a  person  deceased  for  the  payment  of 
the  said  just  demands,  and  the  estate  is  more  than  sufficient  for  that 
purpose,  but  is  so  situated,  that  a  part  thereof  cannot  be  sold  or  can- 
not be  sold  without  injury  to  the  persons  interested  therein,  the  judge 
of  Probate  shall  upon  application  for  license  to  sell  the  same,  de- 
scribing the  estate  and  stating  the  fact,  that  from  its  situation  a 
part  cannot  be  sold  without  injury  to  the  persons  interested  therein, 
give  notice  in  manner  aforesaid  and  upon  no  sufficient  objection 


LAWS  OF   NEW  HAMPSHIRE  1 25 

appearing,  he  may  and  shall  grant  license  to  sell  the  whole,  and  the 
executor  or  administrator  shall  be  sworn  in  manner  aforesaid.  And 
previous  to  the  granting  of  such  license,  the  judge  shall  take  of  the 
executor  or  administrator  a  bond  with  sufficient  sureties  to  account 
for  the  proceeds  of  such  sale,  and  after  deducting  the  just  demands 
aforesaid,  which  the  personal  estate  is  not  sufficeint  to  pay,  to  pay 
over  the  residue  to  the  use  of  those  in  whom  the  estate  so  sold  was, 
as  the  judge  by  his  decree  shall  appoint  and  order. 

Section  4.  And  be  it  further  enacted,  that  when  any  executor  or 
administrator,  in  order  to  secure  or  satisfy  a  debt  due  the  deceased 
shall  have  levied  on  the  land  of  the  debtor,  it  shall  be  in  the  power 
of  the  judge  of  probate,  after  giving  notice  as  aforesaid,  to  license 
the  executor  or  administrator,  who  shall  give  bond  and  be  sworn  as 
aforesaid,  to  sell  in  manner  aforesaid  the  land  so  levied,  although 
the  sale  thereof  be  not  necessary  for  the  payment  of  the  said  just 
demands. 

Section  5.  And  be  it  further  enacted,  that  when  it  shall  appear 
by  the  will  of  any  person  deceased  to  have  been  the  intention  of  the 
testator,  that  his  executor  should  dispose  of  his  real  estate  for  any 
lawful  purpose  whatever,  but  the  words  used  are  not  sufficient  to 
vest  such  authority  in  the  executor,  or  when  the  person  named  in 
the  will  as  executor,  in  whom  such  authority  is  vested  or  intended 
to  be  vested,  is  not  the  person  who  executes  the  will,  it  shall  be  in 
the  power  of  the  Judge  of  probate,  notice  having  been  given  and  a 
hearing  had  thereon  as  aforesaid,  by  license  to  authorise  the  acting 
executor,  or  administrator  with  the  will  annexed,  to  sell  such  real 
estate  in  the  manner  and  for  the  purpose  intended  by  the  testator. 
And  in  all  such  cases,  fraudulent  conduct  in  the  sale,  misappropria- 
tion of  the  proceeds  thereof,  or  refusal  to  account  for  the  same  shall 
be  a  breach  of  the  condition  of  the  administration  bond,  as  fully  as 
if  such  executor  or  administrator  had  received  his  authority  from 
the  will  only. 

Section  6.  And  be  it  further  enacted,  that  the  judge  of  probate 
of  the  county,  in  which  the  guardian  of  any  minor,  ideot,  or  other 
person  placed  under  wardship  received  his  appointment,  be  and 
hereby  is  empowered  to  license  and  authorise  such  guardian  to  sell 
at  public  auction  the  real  estate  of  his  ward,  whenever  the  sale 
thereof  shall  be  necessary  for  the  support  of  the  ward,  or  his  or 
her  family,  or  conduce  to  his  or  her  interest;  provided  that  a  peti- 
tion for  that  purpose  be  preferred,  a  day  of  hearing  appointed,  and 
notice  thereof  be  given  to  all  persons  concerned,  in  such  public 
newspaper  as  the  judge  shall  direct,  three  weeks  successively  at 
least  thirty  days  before  said  day  of  hearing.  And  before  receiving 
the  license  for  such  sale,  the  guardian  shall  take  before  the  judge 
the  following  oath.  "/,  A.  B.  guardian  of  C.  D.  &c  my  ward,  do 
solemnly  swear,  that  in  disposing  of  the  estate  of  my  said  ward,  for 
which  I  have  obtained  license,  I  will  use  my  best  judgment  in  fixing 


126  LAWS   OF    NEW   HAMPSHIRE 

on  and  advertising  the  time  and  place  of  sale,  and  will  exert  my 
utmost  endeavours,  that  the  same  shall  be  sold  in  such  manner  as 
shall  be  of  the  greatest  advantage  to  my  said  ward,  and  that  with- 
out any  sinister  or  selfish  views  whatever."  And  if  upon  examina- 
tion, the  judge  shall  not  be  satisfied  that  the  said  guardian  has 
already  given  bond  competent  and  sufficient  to  bind  him  to  conduct 
with  fidelity  in  the  sale,  and  to  account  and  respond  for  the  pro- 
ceeds thereof,  he  shall  before  he  issues  his  license  therefor  require 
and  take  of  such  guardian  a  bond  with  sufficient  sureties  to  conduct 
the  sale  with  fidelity,  and  to  account  for  the  proceeds  thereof.  And 
every  guardian  so  authorized  and  sworn,  and  having  so  advertised 
and  sold,  may  and  shall  execute  and  deliver  in  due  form  of  law  a 
good  and  valid  conveyance  of  the  estate  sold  to  the  purchaser,  being 
the  highest  bidder,  his  heirs  and  assigns. 

Section  7.  And  be  it  further  enacted,  that  no  license  to  an  exec- 
utor, administrator,  or  guardian  for  the  purposes  aforesaid,  shall  be 
available  to  sustain  or  justify  any  sale  under  the  same,  unless  made 
within  two  years  from  the  granting  thereof. 

Section  8.  And  be  it  further  enacted,  that  when  any  executor, 
administrator,  or  guardian,  who  has  made  sale  of  any  real  estate  by 
license  from  the  court  of  probate,  or  the  purchaser  of  such  estate,  his 
heirs  or  assigns,  shall  wish  to  perpetuate  the  evidence  of  the  suffi- 
cient and  legal  advertisement  of  such  sale,  or  the  evidence  of  any 
fact  shewing  the  fairness  and  legality  of  such  sale,  the  said  executor, 
administrator,  or  guardian  or  the  said  purchaser,  his  heirs  or  assigns 
may  state  such  facts  in  writing  to  the  Judge  of  Probate  for  the 
County  where  the  license  was  granted,  requesting  to  have  the  evi- 
dence thereof  made  perpetual  in  the  probate  office;  and  thereupon 
the  Judge  of  Probate  shall  appoint  a  day  of  hearing,  giving  notice  by 
public  advertisement  or  otherwise  to  all  persons  interested,  that 
they  may  be  present  and  contest  the  same  if  they  see  fit;  And  if 
upon  such  hearing  and  due  examination  had  it  shall  appear  to  the 
said  Judge,  that  all  or  any  of  the  facts  set  forth  in  said  petition  are 
true,  he  shall  in  his  decree  thereon  certify  the  same,  and  such  decree 
shall  forever  after  be  held  and  taken  to  be  conclusive  evidence  of 
the  facts  therein  affirmed  in  all  matters  or  causes,  in  which  the  same 
shall  be  drawn  in  question;  Provided  nevertheless,  that  no  such 
petition  shall  be  sustained  unless  presented  before  the  expiration 
of  two  years  from  the  time  of  such  sale. 

Section  9 — And  be  it  further  enacted,  that  if  any  person  deceased 
shall  have  contracted  in  writing  to  convey  real  estate,  but  was  pre- 
vented from  making  such  conveyance  by  death,  the  executor  or 
administrator  of  such  deceased  person,  or  the  party  contracted  with 
as  aforesaid,  may  by  petition  representing  the  said  facts,  and  that 
the  said  party  has  performed,  or  stands  ready  to  perform  the  con- 
ditions of  such  contract,  apply  to  the  Judge  of  probate  for  the 
county,  in  which  administration  on  the  estate  of  the  deceased  was 


LAWS  OF   NEW  HAMPSHIRE  I  27 

granted;  and  the  judge  shall  assign  a  time  and  place  for  taking  the 
same  into  consideration,  and  shall  cause  notice  thereof  to  be  given 
in  some  public  newspaper  in  this  State,  three  weeks  successively 
thirty  days  at  least  before  the  time  assigned;  and  if  upon  due 
examination  had,  no  sufficient  objection  appear,  the  said  judge  may 
grant  license  to  and  empower  the  said  executor  or  administrator 
to  make  and  execute  as  good  and  valid  a  conveyance  of  such  real 
estate,  as  the  deceased  would  be  obliged  to  make  and  execute  if 
alive.  And  the  money  or  consideration  for  such  estate,  if  received 
by  the  executor  or  administrator,  shall  be  held  and  taken  to  be  assets 
in  his  hands. 

Section  10.     And  be  it  further  enacted,  that  this  act  shall  not 
take  effect  until  the  first  day  of  January  next. 


[CHAPTER  32.] 


State  of  ) 

New  Hampshire.  \ 


An  Act,  authorizing  and  regulating  appeals  from  the  deci- 
sions of  a  Judge  of  Probate. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  57;  recorded  Acts, 
vol.  22,  p.  210.  Session  Laws,  1822,  Chap.  33.  Laws,  1824  ed.,  p.  169;  id., 
1830  ed.,  p.  373.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  any  person  or  party 
aggrieved  by  any  decree,  sentence,  appointment,  order,  grant,  or 
denial,  of  any  Judge  of  Probate,  which,  if  not  appealed  from,  might 
conclude  the  interest  of  such  person  or  party,  or  which  is  not  strictly 
interlocutory,  may  appeal  therefrom  to  the  Superior  Court  of  Judi- 
cature next  to  be  holden  in  the  county  where  such  decision  of  the 
Judge  of  Probate  was  made,  provided,  that  such  appeal  be  claimed 
within  sixty  days,  from  the  time  of  making  or  passing  such  decision, 
in  writing,  signed  by  the  person  or  party  appealing,  his  agent  or  at- 
torney, and  setting  forth  his  interest  therein,  and  the  reasons  of  his 
appeal;  and  provided  further,  such  person  or  party  give  bond,  with 
sufficient  surety,  to  prosecute  his  said  appeal  with  effect,  and  to  pay 
such  costs  as  shall  be  awarded  against  him  by  the  said  Superior 
Court,  in  case  the  decision  so  appealed  from  should  be  affirmed  or 
unaltered.  And  the  appellant  shall  immediately  give  notice  of  the 
appeal,  and  of  the  court  at  which  it  will  be  entered,  and  prosecuted, 
in  some  public  newspaper  printed  in  the  County,  if  such  there  be, 
if  hot,  in  any  public  newspaper  printed  in  the  State. — And  if,  upon 
any  such  appeal,  the  decision  of  the  Judge  of  Probate  shall  be  re- 


128  LAWS  OF   NEW  HAMPSHIRE 

versed  or  altered,  the  said  Superior  Court  may  tax  cost  for  the  ap- 
pellant, and  issue  execution  therefor.  And  in  case  of  affirmation, 
they  shall  tax  cost  and  issue  execution  for  the  appellee.  And  if  the 
appellant  fail  to  prosecute  the  appeal,  the  appellee  or  any  person 
interested,  may  file  a  complaint  before  the  court  appealed  to,  and 
have  affirmation  of  the  decision  appealed  from,  and  judgment  & 
execution  for  his  costs. 

Section  2.  And  be  it  further  enacted,  that  after  the  expiration 
of  the  said  sixty  days,  and  within  two  years  therefrom,  any  person 
or  party  aggrieved  by  any  such  decision  of  a  judge  of  probate,  and 
who  was  not  prevented  appealing  therefrom  by  his  own  neglect,  but 
through  mistake,  accident  or  misfortune,  may  petition  the  said 
Superior  Court  of  Judicature,  setting  forth  his  interest,  his  reasons 
for  appealing,  and  the  causes  of  his  delay,  and  upon  such  petition 
an  order  of  notice  shall  be  made  by  any  judge  of  said  Court,  to 
whom  the  same  may  be  presented,  by  the  Clerk  thereof,  or  by  the 
judge  or  register  of  Probate,  if  requested,  and  the  said  petition  and 
order  published  in  some  public  newspaper,  at  least  three  weeks, 
thirty  days  before  the  sitting  of  the  superior  court,  to  which  it  is 
returnable;  and  if  it  shall  appear  that  the  petitioner  has  not  unrea- 
sonably neglected  to  appeal,  and  that  injustice  has  been  done  by 
such  decision  of  the  Judge  of  Probate,  the  said  superior  court  may 
grant  an  appeal  therefrom;  and  thereupon  the  said  appeal  shall  be 
considered  as  being  in  court,  and  shall  be  heard  and  tried  under  said 
petition.  And  the  said  court  may,  if  they  think  reasonable,  continue 
the  cause  and  order  further  notice,  and  may  require  of  the  appellant 
Security  for  costs,  the  allowance  of  which  to  either  party  shall  be 
at  the  discretion  of  the  court. 

Section  3.  And  be  it  further  enacted,  that  when,  on  an  appeal 
from  a  judge  of  probate,  any  fact  material  to  the  cause  shall  be 
disputed,  the  court  may  direct  an  issue,  proper  to  try  such  fact,  to 
be  formed,  and  ascertain  the  same  by  the  verdict  of  a  jury. 

Section  4th  And  be  it  further  enacted  that  every  decision  of  a 
Judge  of  Probate,  so  far  as  the  same  shall  be  affirmed  or  unaltered 
by  the  superior  court  upon  appeal,  shall  be  considered  to  have  been 
in  force  and  operative  from  the  time  the  same  was  made  or  passed 
by  such  judge  of  probate. 

Section  5.  And  be  it  further  enacted,  that  this  act  shall  not  take 
effect  or  be  in  force  until  the  first  day  of  January  next. 


LAWS  OF   NEW   HAMPSHIRE  1 29 

[CHAPTER  33.] 

State  of  I 

New  Hampshire.  \ 

An  Act  regulating  suits  on  bonds  given  to  a  Judge  of  Pro- 
bate, AND  DIRECTING  THE  MANNER  IN  WHICH  SUCH  BONDS  MAY 
BE  TAKEN. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  58;  recorded  Acts, 
vol.  22,  p.  213.  Session  Laws,  1822,  Chap.  32.  Laws,  1824  ed.,  p.  167;  id., 
1830  ed.,  p.  371.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842) 
Chap.  230.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  any  person  interested  in 
any  bond  given  to  a  Judge  of  Probate  and  aggrieved  by  a  breach 
of  the  condition  thereof,  shall,  upon  application  to  the  judge  of 
probate,  have  an  order  for  the  suit  thereof,  which  application  shall 
set  forth  the  interest  and  claim  of  the  petitioner  intended  to  be 
secured  and  recovered  in  such  suit,  he  giving  for  the  benefit  of  the 
defendant,  a  bond  with  sufficient  sureties  to  pay  without  delay  the 
costs  which  may  be  adjudged  him.  And  every  person,  at  whose 
request  such  order  is  made  and  suit  instituted,  shall  have  his  name 
indorsed  on  the  writ  before  the  service  thereof,  with  the  descriptions 
and  the  same  legal  formality,  that  would  be  required,  were  such 
person  or  persons  the  nominal,  as  well  as  the  real  plaintiff  in  the 
suit. 

Section  2'1 — And  be  it  further  enacted,  that  in  all  suits  on  bonds 
given  to  a  judge  of  probate  in  this  State,  the  defendant  or  defend- 
ants shall  in  the  writ  be  called  upon  to  answer  "to  the  Judge  of 

Probate  for  the  County  of "  without,   in  describing 

the  plaintiff,  any  other  mention  of  the  person,  to  whom  the  bond  was 
given,  or  who  fills  the  office;  and  all  bonds  hereafter  given  to  a 
Judge  of  Probate  may  be  given  in  the  same  manner,  that  is,  without 
naming  the  incumbent  of  the  office.  And  no  suit,  on  any  bond  given 
to  a  Judge  of  Probate,  shall  be  abated  or  discontinued  by  any  va- 
cancy or  change  in  the  office,  by  whatever  means  that  vacancy  or 
change  may  happen.     • 

Section  3d  And  be  it  further  enacted,  that  when  it  shall  appear 
upon  confession,  verdict,  demurrer  or  in  any  other  way,  that  the 
penalty  of  such  bond  is  forfeited,  judgment  shall  be  rendered  against 
the  defendants  for  such  penalty  with  costs  of  suit,  which  judgment 
shall  be  a  security  for  all  interested;  and  upon  a  hearing  in  chan- 
cery on  such  forfeiture,  the  court  shall  examine  the  claims  of  the 
party  or  the  parties  respectively,  at  whose  request  the  suit  was  in- 
stituted, and  whose  names  appear  indorsed  on  the  writ  in  manner 
aforesaid:    and  for  such  claim  or  claims  if  duly  ascertained  and 


I30  LAWS  OF   NEW  HAMPSHIRE 

liquidated,  judgment  shall  be  rendered  in  favour  of  the  claimant  or 
claimants  respectively,  "that  the  Judge  of  Probate  for  the  county 

of now  have  execution  for being  part  of  the 

penalty  forfeited  and  cost  taxed  at for  the  use  of  A.  B. 

of  C "  with  such  further  description,  as  the  court  may 

deem  expedient;  and  the  party,  for  whose  use  such  judgment  shall 
be  rendered,  may  sue  out  execution  thereon,  and  shall  be  deemed 
and  taken  to  be  the  creditor  to  every  intent  and  purpose  whatever. 
And  in  case  such  execution  be  levied  on  real  estate,  the  same  shall 
vest  in  such  party,  in  the  same  way  and  manner  it  would  vest  were 
such  party  the  nominal  as  well  as  the  real  plaintiff  in  the  suit, 
judgment  and  execution;  and  the  attachment  made  on  the  original 
writ  shall  enure  to  the  benefit  of  such  party,  in  the  same  way  and 
manner.  And  if  there  be  more  than  one  party  for  whose  use  exe- 
cution shall  be  awarded  in  the  manner  aforesaid,  the  order  of  their 
priority  in  the  attachment  shall  be,  as  designated  on  the  back  of  the 
original  writ  at  the  time  their  names  are  endorsed  thereon;  and  if  no 
such  designation  appear,  preference  shall  be  given  them  in  the 
attachment  according  to  the  order  in  which  their  names  are  en- 
dorsed. 

Section  4.  And  be  it  further  enacted,  that  if  during  the  pending 
of  the  suit  on  such  bond,  any  person  interested,  whose  name  is  not 
endorsed  on  the  writ  in  manner  aforesaid,  shall  petition  the  judge  of 
probate  stating  his  interest  and  claim,  and  praying  to  be  admitted 
to  the  benefit  of  the  suit,  the  said  judge  shall  appoint  a  day  of 
hearing  giving  reasonable  notice  to  the  defendants,  and  if  no  suffi- 
cient objection  appear,  shall  allow  the  prayer  of  the  petitioner,  he 
giving  bond  with  sufficient  sureties  for  the  payment  of  costs  as 
aforesaid;  and  on  his  producing  to  the  court,  before  which  the 
action  is  pending,  certified  copies  of  these  proceedings,  the  said 
Court  shall  order  the  name  of  such  claimant  to  be  endorsed  on  the 
original  writ  in  manner  aforesaid,  and  thereupon  such  party  shall  be 
admitted  to  all  the  rights,  to  which  he  would  be  entitled  by  virtue  of 
this  act,  had  his  name  been  endorsed  on  the  original  writ  before  the 
service  thereof,  and  his  right  in  the  attachment  shall  be  subsequent 
to  the  rights  of  the  other  indorsers. 

Section.  5.  And  be  it  further  enacted,  that  after  judgment  for 
the  penalty  in  such  bond,  any  person  interested  shall,  upon  appli- 
cation to  the  Judge  of  probate,  have  permission  to  take  out  a  scire 
facias  on  said  judgment,  to  shew  cause  why  execution  should  not 
be  awarded  for  his  use  out  of  the  same,  which  application  shall  set 
forth  the  interest  and  claim  of  the  petitioner,  for  which  he  requests 
a  remedy,  he  giving  bond  with  sufficient  sureties  for  the  benefit  of 
the  defendants  in  such  process,  to  pay  without  delay  the  costs  that 
may  be  adjudged  them.  And  on  such  scire  facias  the  party  shall 
be  entitled  to  have  his  claim^examined  in  manner  aforesaid,  to  have 


LAWS  OF   NEW   HAMPSHIRE  I  3  I 

execution  therefor  awarded  in  manner  aforesaid,  and  to  be  deemed 
and  taken  to  be  the  creditor  to  every  intent  and  purpose  whatever. 

Section  6.  And  be  it  further  enacted,  that  no  suit  or  judgment 
on  any  such  bond  shall  operate  as  an  abatement  or  a  bar  to  a  suit 
on  the  same  bond  against  any  of  the  obligors,  against  whom  no  suit 
has  been  commenced  or  judgment  rendered.  And  when  in  any  suit 
on  such  bond,  judgment  shall  be  rendered  in  favour  of  the  obligor 
or  obligors,  whether  upon  demurrer,  verdict,  or  otherwise,  the  said 
judgment  shall  not  operate  as  a  bar  to  any  other  suit  on  the  same 
bond  instituted  at  the  request  and  for  the  benefit  of  a  different 
claimant,  or  at  the  request  and  for  the  benefit  of  the  same  claimant 
for  a  different  claim;  and  no  execution  shall  be  awarded  for  the  costs 
adjudged  the  defendant  or  defendants  in  any  suit  on  such  bond,  or 
on  any  scire  facias  on  the  judgment,  but  the  remedy  of  the  de- 
fendants for  such  costs  shall  be  exclusively  on  the  security  taken  in 
the  probate  office  therefor. 

Section  7.  And  be  it  further  enacted,  that  neither  party  shall 
have  the  right  of  review  of  any  action  or  suit  herein  authorized. 

Section  8.  And  be  it  further  enacted,  that  this  act  shall  not 
take  effect  or  be  in  force  until  the  first  day  of  January  next. 


[CHAPTER  34.] 

State  of  ) 

New  Hampshire.  [ 

An  Act  to  repeal  certain  acts  therein  mentioned — 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  59;  recorded  Acts, 
vol.  22,  p.  217.     Session  Laws,  1822,  Chap.  34.     Laws,  1824  ed.,  p.  171.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  an  act  passed  on  the 
second  day  of  June  one  thousand  eight  hundred  and  fourteen  enti- 
tled "An  act  in  addition  to  and  in  amendment  of  an  act  entitled  an 
act  in  addition  to  and  in  amendment  of  an  act  entitled  an  act  for 
the  limitation  of  actions,  and  for  preventing  vexatious  suits,  passed 
the  16th  day  of  June  1791";  and  an  act  passed  the  third  day  of 
February  1789,  entitled  "an  act  for  the  settling  of  testate  estates," 
and  an  act  passed  the  16th  day  of  February  seventeen  hundred  and 
ninety  one,  entitled  an  act  relative  to  the  attestation  of  wills";  and 
an  act  passed  the  twenty  second  day  of  January  seventeen  hundred 
and  ninety,  entitled  an  act  for  the  filing  and  recording  of  wills, 
proved  without  this  state,  and  for  the  taking  of  affidavits  in  writ- 
ing for  the  probate  of  wills  in  certain  cases;"  and  an  act  passed  the 
third  day  of  February  seventeen  hundred  and  eighty  nine  entitled 
an  act  ordering  the  descent  of  intestate  estates,  and  empowering  the 


132  LAWS  OF   NEW   HAMPSHIRE 

judge  of  probate  to  settle  the  same  accordingly";  and  an  act  passed 
the  fourth  day  of  January  1792,  entitled  an  act  in  addition  to  an 
act  entitled  an  act  ordering  the  descent  of  intestate  estates  and  em- 
powering the  judges  of  Probate  to  settle  the  same  accordingly"; 
and  an  act  passed  the  thirteenth  day  of  December  seventeen  hun- 
dred and  ninety  two,  entitled  an  act  in  addition  to  an  act  entitled  an 
act  for  settling  testate  estates,  and  in  addition  to  an  act  entitled  an 
act  ordering  the  descent  of  intestate  estates  and  empowering  the 
judge  of  Probate  to  settle  the  same  accordingly;"  and  an  act  passed 
the  thirtieth  day  of  November  one  thousand  eight  hundred  &  four, 
entitled  an  act  in  addition  to  an  act  entitled  an  act  in  addition  to  an 
act  entitled  an  act  for  settling  testate  estates  &°  made  and  passed 
the  thirteenth  day  of  December  1792";  and  an  act  passed  the  fif- 
teenth day  of  February  seventeen  hundred  and  ninety  one,  entitled 
an  act  empowering  the  Judge  of  Probate  to  grant  license  to  sell  real 
estate  in  certain  cases";  and  an  act  passed  the  fifteenth  day  of  De- 
cember seventeen  hundred  and  ninety  seven,  entitled  an  act  for  the 
conveyance  of  real  estate  in  certain  cases";  and  an  act  passed  the 
twenty  fourth  day  of  December  seventeen  hundred  and  ninety  five, 
entitled  an  act  to  authorize  the  Superior  Court  to  empower  guar- 
dians to  sell  the  real  estate  of  their  wards;"  and  an  act  passed  the 
eleventh  day  of  February  seventeen  hundred  and  ninety  one,  enti- 
tled an  act  for  the  equal  distribution  of  insolvent  estates;"  and  an 
act  passed  the  fourth  day  of  February  one  thousand  seven  hundred 
and  eighty  nine  entitled  "an  act  for  the  more  easy  partition  of  lands 
and  other  real  estate";  and  an  act  passed  the  ninth  day  of  Feb- 
ruary one  thousand  seven  hundred  and  ninety  one  entitled,  an  act 
for  the  relief  of  ideots  and  distracted  persons";  and  an  act  passed 
the  twenty  fourth  day  of  December  one  thousand  eight  hundred  and 
five  entitled  an  act  respecting  idle  persons;"  and  an  act  passed  the 
twenty  first  day  of  June  one  thousand  eight  hundred  and  ten,  enti- 
tled "an  act  in  addition  to  an  act  entitled  an  act  respecting  idle 
persons  passed  December  24th  1805;"  and  an  act  passed  the  20th 
day  of  June  181 7  entitled  "an  act  in  addition  to  an  act  entitled  an 
act  for  the  conveyance  of  real  estate  in  certain  cases  passed  Decem- 
ber the  17th  1797";  and  an  act  passed  the  twenty  second  day  of 
June  one  thousand  eight  hundred  and  nineteen,  entitled  "an  act 
relating  to  the  construction  of  words  in  a  will  purporting  a  devise 
of  real  estate,  be  and  they  hereby  are  repealed  after  the  last  day 
of  December  next,  excepting  so  far  as  they  repeal  other  laws;  Pro- 
vided nevertheless,  that  the  said  acts  shall  be  and  continue  in  force 
in  relation  to  all  proceedings  had  and  instituted,  and  all  rights  ac- 
quired under  them  before  the  first  day  of  January  next. 


LAWS  OF   NEW   HAMPSHIRE  133 

[CHAPTER  35.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  establishing  the  law  of  the  road. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  60;  recorded  Acts, 
vol.  22,  p.  220.  Session  Laws,  1822,  Chap.  35.  Laws,  1824  ed.,  p.  126;  id., 
1830  ed.,  p.  583.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  in  all  cases  of  persons  meet- 
ing each  other  on  any  bridge,  turnpike  or  other  road  within  this 
State  travelling  with  carriages,  waggons,  carts,  sleds,  sleighs  or  other 
vehicle  the  persons  so  meeting  shall  seasonably  turn,  drive  and  con- 
vey their  carriages,  waggons,  carts,  sleds,  sleighs  or  other  vehicle  to 
the  right  of  the  center  of  the  travelled  part  of  such  bridge,  turnpike 
or  road  so  as  to  enable  each  others  carriages,  waggons,  carts,  sleds, 
sleighs  or  other  vehicle  to  pass  each  other  without  interference  or 
interruption. 

Sec.  2.  And  be  it  further  enacted  that  every  person  offending 
against  any  of  the  provisions  of  this  act  shall  forfeit  and  pay  for 
each  offense  or  neglect  a  fine  not  less  than  one  dollar  nor  more  than 
twelve  dollars  to  the  use  of  this  State  to  be  recovered  on  complaint 
before  any  justice  of  the  peace  in  the  County  where  the  offence 
shall  be  committed;  and  shall  moreover  be  held  answerable  to  any 
party  for  all  damages  which  be  sustained  in  consequence  of  such 
offence  or  neglect;  Provided  that  no  prosecution  shall  be  sustained 
under  this  act  unless  upon  complaint  duly  made  within  ninety  days 
from  the  time  when  the  offence  shall  have  been  committed  nor  any 
action  for  damages  unless  the  same  shall  be  commenced  within  one 
year  after  the  cause  of  said  action  shall  have  accrued;  And  pro- 
vided, also,  that  no  prosecution  shall  be  sustained  for  any  violation 
of  the  provisions  of  this  act  except  on  the  complaint  of  the  person 
or  persons  aggrieved  or  some  person  or  persons  duly  authorized  by 
the  person  or  persons  aggrieved — 

Sec.  3.  And  be  it  further  enacted  that  this  act  shall  take  effect 
and  be  in  force  from  and  after  the  first  day  of  December  next. 


134  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  36.] 

State  oj  I 

New  Hampshire.  \ 

An  act  to  create  a  corporation  by  the  name  of  The  Trustees 
of  Donations  for  the  support  of  public  worship  in  Salis- 
bury Village. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  61;  recorded  Acts, 
vol.  22,  p.  221.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Ebenezer  Eastman, 
Ebenezer  Blanchard,  James  Garland,  Kendal  O.  Peabody,  James 
Clark,  William  Hadduck,  Paul  Noyes,  and  Parker  Noyes,  and  their 
successors,  be,  and  they  hereby  are  incorporated  and  made  a  body 
corporate  and  politic  forever,  by  the  name  of  The  Trustees  of  Do- 
nations for  the  support  of  public  worship  in  Salisbury  Village,  and 
in  that  name  may  sue  and  be  sued,  prosecute  and  be  prosecuted  to 
final  judgment  and  execution,  and  shall  be  and  hereby  are  vested 
with  the  powers  incident  to  corporations  of  a  similar  nature,  and 
may  have  a  common  seal  which  they  may  make  and  alter  at  pleas- 
ure. 

Section  2.  Be  it  further  enacted,  that  the  first  meeting  of  the 
corporation  shall  be  held  at  a  time  and  place  to  be  appointed  by 
Ebenenezer  Eastman,  of  which  meeting  he  shall  notify  in  writing 
each  person  named  in  this  act  fifteen  days,  at  least,  before  the  time 
appointed  for  the  meeting,  at  which  meeting  a  President  may  be 
elected  who  shall  preside  in  the  meetings  of  the  corporation,  and 
a  Clerk  whose  duty  it  shall  be  to  record  all  the  doings  of  the  cor- 
poration, who  shall  hold  their  offices  one  year  and  untill  others  be 
elected.  The  clerk  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office.  A  meeting  of  the  members  of  the  corporation 
shall  be  held  annually  at  such  time  as  they  may  agree  on,  six  mem- 
bers at  least  shall  be  present  at  a  meeting  to  transact  business,  and 
no  disposition  shall  be  made  of  the  property  held  by  the  corpora- 
tion without  the  concurrence  of  five  votes.  In  case  of  the  death,  or 
resignation,  of  any  member,  the  remaining  members  shall  elect, 
by  ballot,  some  person  to  fill  the  vacancy  and  the  person  elected 
shall  become  a  member  of  the  corporation.  The  corporation  may 
prescribe  the  manner  of  calling  and  time  and  place  of  holding  future 
meetings. 

Section  3.  Be  it  further  enacted,  that  the  corporation  aforesaid 
may  take  and  hold  estate  both  real  and  personal  not  exceeding  in 
value  the  sum  of  twenty  thousand  dollars  for  the  support  of  pub- 
lick  Religious  worship  of  God,  and  may  lease,  and  with  the  consent 


LAWS  OF   NEW  HAMPSHIRE  135 

of  the  donors  or  grantors  may  exchange  or  sell  and  convey  any 
estate  held  by  the  corporation  and  the  estate  received  in  exchange 
and  the  proceeds  of  any  sale  shall  be  held  for  the  same  use.  The 
corporation  shall  be  answerable  that  the  property  held  by  them, 
shall  be  applied  to  the  use  to  which  it  is  directed  to  be  applied  by 
the  grantor,  or  donor,  and  to  no  other  use  whatever 


[CHAPTER  37.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  in  further  addition  to  an  act,  entitled,  "An  Act  for 
forming,  arranging  and  regulating  the  mllitia". 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  62;  recorded  Acts, 
vol.  22,  p.  224.  Session  Laws,  1822,  Chap.  37.  Laws,  1824  ed.,  p.  86.  See 
acts  of  December  22,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  955;  June  27, 
1821,  ante,  p.  23;  June  29,  1821,  ante,  p.  47;  July  3,  1822,  and  June  12, 
1824,  post.    Repealed  by  act  of  January  2,  1829,  post.] 

Sec.  1.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  out  of  the  sum  of  twelve 
dollars  annually  allowed  by  said  act  to  each  piece  of  ordnance,  there 
shall  be  paid  to  the  captain  or  commanding  officer  of  each  company 
of  artillery  the  sum  of  seven  dollars  for  furnishing  said  piece  with 
powder  and  portfire,  and  for  hiring  horses  on  regimental  muster- 
days;  and  the  remaining  sum  of  five  dollars  shall  be  paid  to  said 
captain  or  commanding  officer,  on  his  producing  to  the  adjutant- 
general  satisfactory  evidence,  that  it  has  been  expended  in  repair- 
ing said  piece,  carriage  or  harnesses;  or  so  much  thereof  as  shall 
appear  to  have  been  so  expended. 

Sec.  2.  And  be  it  further  enacted,  that  every  captain  or  com- 
manding officer  of  a  company  shall  have  the  same  power  and  author- 
ity to  train  and  discipline  his  company  when  called  out  for  inspec- 
tion on  the  first  Tuesday  of  May  in  each  year  as  he  has  on  other 
days  when  his  company  is  paraded  for  inspection. 

Sec.  3.  And  be  it  further  enacted,  that  the  division  inspectors 
when  attending  their  respective  major-generals,  in  reviewing  the 
militia,  shall  perform  the  duties  of  inspection,  whether  it  be  a 
review  of  a  division,  brigade  or  regiment;  and  the  brigade-inspectors 
while  attending  their  respective  brigadier-generals,  shall  perform  the 
like  duties,  whether  it  be  a  review  of  a  brigade  or  regiment. 

Sec.  4.  And  be  it  further  enacted,  that  the  Adjutant-general 
shall  furnish  at  the  expense  of  the  State  the  several  regimental 
quarter-masters  with  suitable  blank  books  for  keeping  their  records, 


136  LAWS  OF   NEW  HAMPSHIRE 

and  all  necessary  blank  forms  for  the  different  returns  they  may 
required  to  make;  and  shall  explain  the  principles  on  which  they  are 
made. 

Sec.  5.  And  be  it  further  enacted,  that  the  captains  or  com- 
manding officers  of  companies  shall  make  the  returns  by  them  re- 
quired to  be  made  to  the  adjutants  and  regimental  quarter  masters 
within  twenty  days  after  the  annual  training  and  inspection  in  May 
in  each  year;  and  the  adjutants  and  quarter  masters  of  regiments 
shall  make  their  respective  returns  to  the  adjutant-general,  and  to 
the  officer  doing  the  duty  of  quarter  master-general,  within  thirty 
days  from  said  annual  training  and  inspection  in  each  year.  And 
in  case  any  officer  whose  duty  it  shall  be  to  make  any  of  said  re- 
turns, shall  neglect  so  to  do  for  a  longer  time  than  is  herein  pre- 
scribed, he  shall  forfeit  and  pay  for  each  neglect  the  sum  of  twenty 
dollars;  to  be  recovered  by  the  adjutant  general  in  an  action  of  debt 
in  his  own  name,  in  any  court  of  competent  jurisdiction  to  be  appro- 
priated for  paying  any  expenses  attending  the  militia. 

Sec.  6.  And  be  it  further  enacted,  that  the  commander  in  chief 
may  at  any  time  accept  the  resignation  of  any  officer,  not  being 
under  arrest,  when  in  his  opinion  the  public  good  may  require  it. 

Sec.  7.  And  be  it  further  enacted,  that  all  courts-martial  here- 
after to  be  appointed  by  the  commander  in  chief,  shall  consist  of 
eight  members,  a  president,  a  judge  advocate  and  a  marshal:  the 
president  of  which  shall  be  of  the  rank  of  major-general:  all  courts 
martial  appointed  by  a  major  general  shall  consist  of  six  members, 
a  president,  judge  advocate  and  a  marshal,  the  president  of  which 
shall  be  of  the  rank  of  colonel  or  higher  grade;  and  all  courts  mar- 
tial appointed  by  a  brigadier  general  shall  consist  of  four  members, 
a  president,  judge  advocate,  and  a  marshal;  the  president  of  which 
shall  be  of  the  rank  of  a  field  officer.  And  each  of  said  courts  mar- 
tial shall  have  power  to  cashier  or  to  reprimand  in  orders,  or  to 
inflict  such  fine  on  any  officer,  by  said  court  convicted  as  under 
the  circumstances  of  the  case  to  said  court  may  seem  reasonable, 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars;  to  be 
sued  for  and  recovered  by  the  judge  advocate  who  served  on  said 
court  in  an  action  of  debt  in  his  own  name  before  any  court  proper 
to  try  the  same  and  for  the  use  of  the  State. 

Sec.  8.  And  be  it  further  enacted,  that  in  forming  and  parading 
a  regiment  in  line  for  field  exercise  the  cavalry  shall  be  placed  on  the 
extreme  right,  the  artillery  on  the  left  of  the  cavalry,  the  lieht  in- 
fantry and  grenadiers  on  the  left  of  the  artillery,  and  the  riflemen, 
if  anv,  on  the  extreme  left  of  the  battalion  of  infantry.  The  respec- 
tive ranks  of  captains  shall  in  all  cases  be  determined  by  the  dates 
of  their  commissions:  and  if  two  or  more  captains  hold  commissions 
of  the  same  date,  their  respective  ranks  shall  be  determined  by  their 
prior  pretensions  or  former  commissions;  and  if  they  have  no  prior 


LAWS  OF   NEW  HAMPSHIRE  137 

pretensions,  the  oldest  man  shall  rank  first.  The  cavalry,  artillery, 
light  infantry,  infantry  and  riflemen  shall  be  equally  under  the  com- 
mand of  the  colonel  or  other  commanding  officer  of  the  regiment; 
and  when  formed  in  Regiment,  all  the  music,  except  cavalry  music, 
shall  be  placed  together  as  the  commanding  officer  shall  direct. 

Sec.  9.  And  be  it  further  enacted,  that  all  students  at  Dart- 
mouth College  belonging  to  the  freshman,  sophomore,  junior  and 
senior  classes,  during  the  time  they  continue  to  be  members  of  either 
of  those  classes  be  and"  they  hereby  are  exempted  from  military 
duty. 

Sec.  10.  And  be  it  further  enacted,  that  the  whole  of  the  pro- 
viso in  the  twenty  fourth  section  of  the  act  to  which  this  is  in  further 
addition,  and  all  other  parts  of  said  act,  and  of  the  act  or  acts  in 
addition  thereto,  which  are  inconsistent  with  the  provisions  of  this 
Act,  be  and  the  same  are  hereby  repealed. 


[CHAPTER  38.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  establish  a  line  between  the  two  companies  of 
Militia  in  the  Town  of  Wakefield. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  63;  recorded  Acts, 
vol.  22,  p.  227.     Session  Laws,  1822,  Chap.  38.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  from  and  after  the  passing  of  this 
Act,  a  line  beginning  at  the  dwelling  house  of  Robert  Pike  on  or 
near  the  divisional  line  between  said  Wakefield  and  Brookfield  run- 
ning north  eighty  degrees  east  to  East-pond  so  called,  shall  be,  and 
is  hereby  established  the  dividing  line  between  the  two  companies 
of  militia  in  the  Town  of  Wakefield.  Provided  nevertheless  that  the 
officers  now  in  commission  be  in  no  way  affected  while  they  per- 
form military  duty  by  virtue  of  their  commission. 


I38  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  39.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  incorporate  the  Directors  of  the  Noyes  School,  in 
the  town  of  andover. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  64;  recorded  Acts, 
vol.  22,  p.  228.     See  additional  act  of  June  26,  1823,  post.'] 

Whereas,  Joseph  Noyes,  late  of  Andover,  in  the  county  of  Hills- 
borough, and  state  aforesaid,  deceased,  did,  by  his  last  will  and 
testament,  make  provision  for  the  support  of  a  public  school  in  said 
town,  and  did  therein  direct  that  his  executor  therein  named,  should 
appoint  six  Directors  to  carry  into  effect  that  provision  of  said  will: 

And  whereas  said  executor  has,  inconformity  thereunto,  appointed 
Josiah  Badcock,  William  Proctor,  Silas  Merrill,  John  Simonds,  John 
Joseph  Bryant,  and  Robert  Barber,  directors  of  said  school;  There- 
fore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Josiah  Badcock,  William 
Proctor,  Silas  Merrill,  John  Simonds,  John  Joseph  Bryant,  Robert 
Barber  and  their  successors  be  and  are  hereby  incorporated  and 
made  a  body  politic  and  corporate,  by  the  name  of  the  directors  of 
Noyes  School  in  Andover;  and  shall  have  and  enjoy  all  the  powers 
and  priviledges,  which  by  law  are  incident  to  similar  corporations, 
with  continuance  and  succession  forever. 

Section  2  And  be  it  further  enacted,  that  said  corporation  may 
purchase,  and  receive  by  donation,  and  hold  real  and  personal  es- 
tate, to  the  amount  of  twenty  thousand  dollars,  five  thousand  dollars 
of  which  shall  be  free  from  taxation. 

Section  3.  And  be  it  further  enacted,  that  Silas  Merrill  or  John 
Joseph  Bryant,  may  call  the  first  meeting  of  said  corporation,  by 
notifying  the  members  thereof,  in  writing,  of  the  time  and  place  of 
said  meeting,  fourteen  days  at  least,  prior  to  said  meeting. 

Section  4.  And  be  it  further  enacted,  that  the  Legislature  of 
this  state  shall  have  the  right  to  alter  and  amend  this  act  of  incor- 
poration, when  in  the  opinion  thereof  the  public  good  may  require 
it. 


LAWS  OF   NEW  HAMPSHIRE  139 

[CHAPTER  40.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  a  Musical  Society  in  the  town  of  Am- 
herst. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  65;  recorded  Acts, 
vol.  22,  p.  229.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Charles  Richardson, 
Elijah  Mansur,  Robert  Read,  Benjamin  Kendrick  and  their  asso- 
ciates, and  such  as  may  hereafter  becomes  associates,  be,  and  they 
hereby  are  incorporated,  and  made  a  body  politick  and  corporate  by 
the  name  of  the  Amherst  Sacred  Musick  Society,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend,  and  are  hereby  vested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a  sim- 
ilar nature. 

Sect.  2.  And  be  it  further  enacted,  that  said  Corporation  may 
take  and  hold  real  and  personal  estate  not  exceeding  the  sum  of  One 
thousand  dollars;  and  may  elect  all  proper  officers,  and  make  and 
establish  all  necessary  By  Laws  for  the  government  of  said  Society. 

Sect.  3.  And  be  it  further  enacted  that  the  persons  named  in 
the  first  section  of  this  act,  or  any  three  of  them,  may  call  the  first 
meeting  of  said  Society  by  advertising  the  same  in  the  newspapers 
printed  at  Amherst  seven  days  previous  to  said  meeting. 


[CHAPTER  41.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  a  company  by  the  name  of  the  pro- 
prietors OF  PlSCATAQUOG  LOCK  AND  CANAL. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  66;  recorded  Acts, 
vol.  22,  p.  230.] 

Section  i.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Isaac  Riddle,  William 
P.  Riddle,  their  Associates,  Successors  and  Assigns,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politic,  by  the  name  of 
The  Proprietors  of  the  Piscataquog  Lock  and  Canal;  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment 
and  execution;  and  shall  be  known  and  distinguished  in  all  their  acts 
and  proceedings;  and  shall  be  and  hereby  are  vested  with  all  the 
powers  and  privileges  of  Corporations  of  a  similar  nature. 


14°  LAWS  OF   NEW   HAMPSHIRE 

Sec  2.  And  be  it  further  enacted,  That  said  proprietors  be  and 
hereby  are  authorized  and  empowered  to  make,  construct  and  main- 
tain a  Lock  and  such  Canal  as  may  be  necessarily  connected  there- 
with, for  the  passage  of  boats  and  rafts  on  the  northerly  side  of  the 
north  branch  of  the  Piscataquog  River  in  Bedford  in  the  county  of 
Hillsborough;  and  also,  for  the  purpose  of  raising  the  water  in  said 
branch  to  a  sufficient  height  to  enter  said  Lock  and  Canal,  to  build 
and  erect  a  dam  across  said  north  branch,  and  also,  a  dam  across  the 
south  branch  of  said  river,  extending  from  the  head  of  the  Island 
to  the  westerly  shore  of  said  branch: — Provided  always,  that  in  the 
dam  across  the  south  branch  of  said  river  there  shall  be  constructed 
a  sluice-way,  twenty  five  feet  wide,  which  shall  be  opened  by  the  said 
Corporation,  its  agent  or  lock-tender,  at  all  times  when  requested 
for  the  passage  of  boats  or  rafts  through  said  sluice-way,  whenever 
there  is  a  sufficient  depth  of  water  for  the  passage  of  boats,  rafts 
and  floating  timber  down  the  river;  and  provided  also,  that  the  dam 
across  the  north  branch  shall  be  two  feet  higher  than  the  dam  across 
said  south  branch;  and  provided  further,  that  there  shall  at  no  time 
be  suffered  any  unnecessary  waste  of  water  to  prevent  the  passage 
of  boats  or  rafts  through  said  sluice-way,  by  opening  the  gates  at 
the  Lock — on  penalty  that  said  Corporation  forfeit  and  pay  for 
each  neglect  to  comply  with  the  provisions  of  this  section  the  sum 
of  twenty  dollars,  to  be  recovered  by  any  person  injured  thereby  in 
an  action  of  debt  in  his  own  name,  and  for  his  own  use,  in  any  court 
of  competent  jurisdiction. 

Sec.  3.  And  be  it  further  enacted,  That  either  of  the  persons 
above  named  may  call  the  first  meeting  of  said  proprietors  by  giving 
personal  notice  of  the  time  and  place  of  meeting  at  least  one  week 
prior  thereto;  at  which  said  first  meeting  the  said  proprietors  may 
agree  on  the  manner  of  calling  their  future  meetings;  and  at  the 
same  or  at  any  subsequent  meeting  duly  holden,  they  may  elect  a 
clerk  and  such  other  officers  and  agents  as  they  may  deem  necessary 
for  conducting  their  concerns;  may  divide  their  capital  or  joint  stock 
into  such  number  of  shares  as  they  may  deem  proper,  and  agree  on 
the  manner  of  transferring  them;  may  order  assessments  and  fix 
the  time  of  their  payment,  and  upon  the  non-payment  of  such  as- 
sessments, may  sell  the  delinquent  share  or  shares,  or  as  many  of 
them  as  may  be  sufficient  to  pay  said  assessments,  with  incidental 
charges,  at  public  auction;  may  pass  such  by-laws  as  are  not  repug- 
nant to  the  laws  of  the  State,  for  their  regulation  and  government; 
and  may  do  and  transact  any  business  for  carrying  into  effect  the 
objects  of  their  association. 

Sec.  4.  And  be  it  further  enacted,  That  said  Corporation  may 
purchase,  hold  and  enjoy  lands  and  buildings,  and  such  personal 
estate  as  may  be  necessary  and  convenient  for  managing  its  con- 
cerns, to  an  amount  not  exceeding  three  thousand  dollars;  and  the 
same  may  sell  and  dispose  of  at  pleasure. 


LAWS   OF   NEW   HAMPSHIRE  I41 

Sec.  5.  And  be  it  further  enacted,  That  for  the  purpose  of  re- 
imbursing said  Corporation  for  its  expenses  in  building  and  keep- 
ing in  repair  said  Lock  and  Canal,  a  toll  be,  and  hereby  is  granted 
and  allowed;  and  the  lock-tender  appointed  by  said  Corporation  is 
hereby  authorized  to  demand  and  receive  from  all  and  every  person 
passing  said  Lock  and  Canal  with  boats  or  rafts  the  following  rates 
of  toll,  and  to  stop  and  detain  any  person  so  passing  until  the  same 
be  paid; -That  is  to  say — For  every  ton  of  oak  timber,  ten  cents; 
for  every  ton  of  pine  timber,  four  cents;  for  every  ton  of  masts  or 
bowsprits,  eight  cents;  for  every  thousand  feet  of  pine  lumber, 
board  measure,  eight  cents;  for  every  thousand  feet,  like  measure, 
of  oak  plank  or  boards,  sixteen  cents;  for  every  thousand  feet,  like 
measure,  of  ash  and  other  hard  wood  stuff,  twelve  cents;  for  every 
thousand  of  pipe  staves,  twenty  five  cents;  for  every  thousand  of 
hogshead  staves,  twenty  cents;  for  every  thousand  of  barrel  staves, 
ten  cents;  for  every  thousand  of  hogshead  hoops,  twenty  cents;  for 
every  thousand  of  barrel  hoops,  ten  cents;  for  every  thousand  of 
hogshead  hoop-poles,  thirty  four  cents;  for  every  thousand  barrel 
hoop-poles,  seventeen  cents;  for  shooks  with  heads,  reckoning 
twenty  five  a  ton,  shooks  without  heads,  forty  a  ton,  empty  hogs- 
heads, twenty  a  ton,  beef  and  rum  barrels,  fifty  a  ton,  fish  barrels, 
sixty  a  ton,  and  half  barrels,  eighty  a  ton,  twenty  cents  for  every 
ton;  for  every  thousand  of  shingles,  two  cents;  for  every  thousand 
clapboards,  ten  cents;  for  every  ton  of  merchandize,  twenty  cents; 
for  every  cord  of  hard  wood,  six  cents;  for  every  cord  of  pine  wood, 
four  cents;  for  every  cord  of  bark,  ten  cents;  for  every  hundred  of 
posts  and  rails,  six  cents;  and  other  articles  not  enumerated  to  be 
estimated  in  the  same  proportion. 


[CHAPTER  42.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Town  of  Hooksett. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  67;  recorded  Acts, 
vol.  22,  p.  233.     Session  Laws,  1822,  Chap.  42.    Laws,  1830  ed.,  p.  315.] 

Whereas  petitions  signed  by  a  number  of  the  inhabitants  of  Ches- 
ter, Dunbarton  and  Goffstown  have  been  presented  to  the  General 
Court,  praying  to  be  incorporated  into  a  separate  town  and  the 
prayer  thereof  appearing  reasonable; 
Therefore, 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  all  the  lands  and  inhab- 
itants within  those  parts  of  the  Towns  of  Chester,  Dunbarton  and 


I42.  LAWS  OF   NEW  HAMPSHIRE 

Goffstown  herein  described,  to  wit,  beginning  at  the  northeasterly 
corner  of  Manchester,  thence  on  a  strait  line  to  the  southeast  corner 
of  lot  No.  60  in  the  fourth  range  of  lots  in  Chester,  thence  on  the 
easterly  line  of  said  lot  No.  60  and  lots  No.  71  and  80,  northerly  to 
the  southwest  corner  of  lot  No.  95;  thence  across  a  part  of  said  lot 
No  95  and  lot  No.  94,  south  seventy  degrees  east  to  the  south  head 
line  of  said  lot  No.  94;  thence  north  twenty  nine  degrees  east  to  the 
southwest  corner  of  Candia;  thence  northerly  on  Candia  line  to 
Allenstown  south  line;  thence  westerly  on  Allenstown  to  Merrimack 
River;  thence  across  said  River  to  the  Southeasterly  corner  of  Bow; 
thence  by  Bow  line  to  the  southerly  corner  of  said  Bow;  thence 
running  a  line  due  South  until  it  strikes  the  northerly  line  of 
Goffstown;  thence  westerly  on  Goffstown  line  to  the  northwest  cor- 
ner of  Hugh  J.  Taggart's  land;  thence  southerly  to  the  southwest 
corner  of  lot  No.  4  in  Goffstown,  formerly  owned  by  Co1  Robert 
McGregore;  thence  easterly  on  the  southerly  line  of  said  lot  No.  4, 
and  continuing  the  same  course  untill  it  strikes  the  highway  leading 
from  Samuel  Poor's  to  Merrimack  River;  thence  by  said  highway 
and  including  the  same  to  said  River;  thence  up  said  River  to 
the  Northwest  corner  of  Manchester,  and  thence  to  the  place  of 
beginning, — be,  and  the  same  hereby  are  incorporated  into  a  town 
by  the  name  of  Hooksett;  And  the  inhabitants  who  now  reside  or 
hereafter  may  reside  within  the  aforesaid  boundaries  are  made  and 
constituted  a  body  politick  and  corporate,  &  vested  with  all  the 
powers,  privileges  &  immunities  which  other  towns  in  this  State,  are 
entitled  to  enjoy;  to  remain  a  distinct  town  and  have  continuance 
and  succession  forever. 

Sec.  2.  And  be  it  further  enacted,  that  all  monies  that  are  as- 
sessed for  Schools  in  the  towns  of  Chester,  Dunbarton  and  Goffs- 
town, shall  be  divided  between  the  said  towns  and  the  several 
parts  of  the  said  town  of  Hooksett,  disannexed  from  said  towns, 
according  to  their  proportion  of  the  publick  taxes;  And  all  funds 
belonging  to  said  towns  of  Chester,  Dunbaiton  and  Goffstown  shall 
be  in  like  manner  divided,  reserving  to  said  town  of  Goffstown  the 
donation  given  by  James  Aiken  to  said  Gotfstown;  And  the  inhab- 
itants of  the  town  of  Hooksett  shall  pay  all  taxes  now  assessed  on 
them  by  the  towns  of  Chester,  Dunbarton  and  Goffstown  respec- 
tively; And  the  said  town  of  Hooksett  shall,  after  the  next  annual 
meeting,  support  all  the  present  poor,  including  all  those  who  are 
supported  in  whole  or  in  part  who  have  gained  a  settlement  in  the 
town  of  Chester,  Dunbarton  or  Goffstown,  by  living  in  that  part 
of  either  of  said  towns  that  is  now  included  in  the  town  of  Hooksett; 
And  shall  support  any  poor  now  residing  in  any  other  towns  which 
by  law  the  towns  of  Chester,  Dunbarton  and  Goffstown  may  re- 
spectively be  liable  to  relieve  or  support,  that  have  gained  a  settle- 
ment in  either  of  said  towns  by  residing  within  the  boundaries  now 


LAWS   OF   NEW   HAMPSHIRE  1 43 

constituting  the  town  of  Hooksett: — Provided,  nevertheless,  that 
this  act  shall  not  affect  the  interest  of  any  of  the  inhabitants  of  Ches- 
ter, Dunbarton  and  Goffstown,  or  of  the  town  of  Hooksett  in  any 
School-house  now  erected  within  the  same. 

Sec.  3.  And  be  it  further  enacted,  that  Samuel  Head  of  Chester 
and  William  Hall  of  Dunbarton,  or  either  of  them,  be  empowered  to 
call  a  meeting  of  the  inhabitants  of  the  said  town  of  Hooksett  for 
the  purpose  of  choosing  all  necessary  town  officers,  to  continue  in 
office  untill  the  annual  meeting  of  said  town  in  March  next,  and 
either  of  them  may  preside  in  said  meeting  until  a  moderator  shall 
be  chosen  to  govern  the  same,  which  meeting  shall  be  holden  some 
time  in  the  month  of  September  next,  and  shall  be  warned  by  post- 
ing up  a  notification  fifteen  days  prior  to  the  time  of  holding  the 
same  at  Nathaniel  Head's  house  in  Chester,  at  William  Hall's  house 
in  Dunbarton,  and  at  David  Abbot's  house  in  Goffstown.  Provided 
that  all  town  officers  residing  within  the  limits  of  the  town  of  Hook- 
sett who  were  chosen  by  the  town  of  Chester,  Dunbarton,  or  Goffs- 
town, shall  continue  in  their  respective  offices  during  the  time  for 
which  they  were  elected,  with  full  power  to  execute  the  same. — And 
provided  further,  that  all  publick  taxes  which  the  towns  of  Chester, 
Dunbarton  or  Goffstown,  shall  or  may  be  compelled  to  assess  before 
a  new  act  for  proportioning  the  publick  taxes  among  the  several 
towns  in  the  State  shall  pass,  may  be  assessed,  levied  and  collected 
by  the  proper  officers  of  the  said  towns  of  Chester,  Dunbarton  and 
Goffstown,  upon  the  inhabitants  of  the  town  of  Hooksett,  in  case 
the  Selectmen  of  said  Hooksett  neglect  to  assess,  levy  and  collect 
their  proportion  of  such  publick  taxes  and  pay  the  same  seasonably 
into  the  treasuries  of  the  towns  of  Chester,  Dunbarton  and  Goffs- 
town. in  the  same  way  &  manner  as  if  this  act  had  not  passed,  any 
thing  herein  to  the  contrary  notwithstanding. 

Sec.  4.  And  be  it  further  enacted,  that  said  town  of  Hooksett 
shall  be  and  hereby  is  annexed  to  and  considered  a  part  of  the 
County  of  Hillsborough;  And  that  said  town  be  annexed  to  Sena- 
torial district  number  three,  and  to  the  Eleventh  Regiment  of  mili- 
tia in  this  State. 


144  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  43.] 

State  of  I 

New  Hampshire.  \ 

An  Act  creating  the  office  and  providing  for  the  appoint- 
ment OF  CORN  AND  GRAIN  MEASURERS  IN  THE  TOWN  OF  PORTS- 
MOUTH. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  68;  recorded  Acts, 
vol.  22,  p.  237.  Session  Laws,  1822,  Chap.  43.  Laws,  1824  ed.,  p.  127;  id., 
1830  ed.,  p.  330.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  from  and  after  the  passing  of 
this  act  the  Selectmen  of  the  town  of  Portsmouth  be  and  hereby  are 
authorized  to  appoint  one  or  more  suitable  persons  to  act  as  corn 
and  grain  measurers  within  said  town  whose  duty  it  shall  be  to 
measure  all  corn  and  grain  imported  into  said  town  of  Portsmouth 
by  sea  under  the  provisions  hereinafter  made. 

Sec.  2.  And  be  it  further  enacted  that  the  authority  of  said  corn 
and  grain  measurers  shall  not  extend  to  any  quantities  of  corn  or 
grain  less  than  ten  bushels;  and  that  the  expense  of  measuring  the 
same  shall  in  all  cases  be  paid  by  the  purchaser. 

Sec.  3.  And  be  it  further  enacted,  that  for  all  quantities  of  coin 
or  grain  which  may  be  measured  under  this  act,  said  corn  and  grain 
measurers  shall  have  and  receive  from  the  purchasers  one  cent  for 
each  bushel  so  measured,  where  the  quantity  under  any  one  pur- 
chase shall  not  exceed  fifty  bushels;  and  where  the  quantity  pur- 
chased shall  exceed  fifty  bushels  said  purchaser  shall  pay  said  corn 
and  grain  measurers  one  half  cent  for  each  bushel  so  measured. 

Sec.  4.  And  be  it  further  enacted,  that  said  corn  and  grain  meas- 
urers shall  use  no  other  measures  under  this  act  than  such  as  may  be 
specially  provided  for  this  purpose  and  in  strict  compliance  with  law. 
And  when  any  corn  or  grain  measurer  as  aforesaid  shall  in  his  official 
capacity  use  any  deception  in  measuring  corn  or  grain,  the  person 
defrauded  thereby  shall  have  and  recover  of  said  corn  or  grain 
measurer  four  times  the  Amount  of  the  injury  he  may  thereby  sus- 
tain, by  an  action  on  the  case  in  any  Court  proper  to  try  the  same. 

Sec.  5  And  be  it  further  enacted,  that  if  any  person  importing 
corn  or  grain  as  aforesaid  shall  sell  or  dispose  of  any  quantity 
thereof  of  ten  bushels  and  upwards  without  having  the  same  meas- 
ured as  is  provided  in  this  Act  said  seller  shall  forfeit  and  pay  for 
every  bushel  so  disposed  of  the  sum  of  twenty  cents,  to  be  recovered 
by  action  of  debt  in  the  name  and  to  the  use  of  said  town. 


LAWS  OF   NEW  HAMPSHIRE  M5 

[CHAPTER  44.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  extending  the  powers  of  the  Justices  of  the  Superior 
Court  of  Judicature  in  certain  cases. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  69;  recorded  Acts, 
vol.  22,  p.  239.  Session  Laws,  1822,  Chap.  44.  Laws,  1824  ed.,  p.  185;  id., 
1830  ed.,  p.  376.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  whenever  any  person  who 
may  have  been  arrested  and  in  custody,  or  in  prison,  to  answer  for 
any  crime  or  crimes,  offence  or  offences,  before  the  Superior  Court 
of  Judicature  shall  be  acquitted  thereof  by  the  petit  Jury;  or  shall 
not  be  indicted  by  the  grand  jury,  by  reason  of  the  insanity  or  men- 
tal derangement  of  such  person,  and  the  discharge  or  going  at  large 
of  such  person  shall  be  deemed  by  the  same  court  to  be  dangerous 
to  the  safety  of  the  citizens,  or  the  peace  of  the  State  the  said  court 
be  and  hereby  is  authorized  and  empowered  to  commit  such  person 
to  prison,  there  to  be  detained  till  he  or  she  be  restored  to  his  or  her 
right  mind,  or  otherwise  delivered  by  due  course  of  law.  And  every 
person  so  committed  shall  be  kept  at  his  or  her  own  expense,  if  he  or 
she  have  estate  sufficient  for  that  purpose;  otherwise  at  the  charge 
of  the  county  in  which  such  person  is  committed  to  prison — 

Sec.  2.  Be  it  further  enacted,  That  whenever  the  grand  jury 
upon  any  inquiry  which  they  may  hereafter  make  as  to  the  commis- 
sion of  any  crime  or  offence  by  any  person,  shall  omit  to  find  a  bill 
for  the  cause  aforesaid  it  shall  be  the  duty  of  such  jury  to  certify 
the  same  to  the  said  court.  And  whenever  the  petit  jury  upon  the 
general  issue  of  not  guilty,  shall  acquit  any  person  for  the  cause 
aforesaid,  it  shall  be  the  duty  of  such  jury,  in  giving  in  their  verdict 
of  not  guilty,  to  state  it  was  for  such  cause. 

Sec.  3.  Be  it  further  enacted,  that  the  Superior  court  of  Judi- 
cature, may  discharge  from  confinement  any  such  person  when  it 
shall  be  made  to  appear  to  their  satisfaction,  that  the  going  at  large 
of  such  person  will  not  be  dangerous  to  the  safety  of  the  citizens 
and  to  the  peace  of  the  State. 

Sec.  4.  Be  it  further  enacted,  That  upon  the  application  of  any 
friend  or  friends  of  such  lunatic  person,  the  Superior  Court  of  Judi- 
cature be  and  are  hereby  authorised  and  empowered  to  commit  to 
the  custody  and  safe  keeping  of  such  friend  or  friends  such  lunatic 
person:  Provided  however  that  such  applicant  or  applicants  shall 
first  give  bonds,  with  sufficient  surety  or  sureties  to  the  Judge  of 
Probate  for  the  county  in  which  such  lunatic  is  confined,  conditioned 

10 


I46  LAWS   OF   NEW  HAMPSHIRE 

for  the  safe  keeping  of  such  lunatic  person,  and  for  the  payment  of 
all  damages  which  any  person  may  sustain  by  reason  of  the  acts  and 
doings  of  such  lunatic,  which  bond  shall  be  approved  by  the  court, 
and  may  be  put  in  suit  for  the  benefit  of  persons  interested,  in  like 
manner  as  is  by  law  provided  in  case  of  probate  bonds. 


[CHAPTER  45.] 


State  of  I 

New  Hampshire,  j 


An  Act  to  change  the  names  of  sundry  persons  therein 

NAMED. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  70;  recorded  Acts, 
vol.  22,  p.  241.] 

Sec  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Jonathan  Hogg  of  Deering 
take  the  name  of  Jonathan  Carpenter,  That  Rebecca  Hogg  take  the 
name  of  Rebecca  Carpenter,  that  Cyrus  Hogg  take  the  name  of 
Cyrus  Carpenter,  that  Priscilla  Hogg  take  the  name  of  Priscilla  Car- 
penter, that  Almena  Emeline  Hogg  take  the  name  of  Almena  Erne- 
line  Carpenter,  that  Hiram,  T,  Hogg,  take  the  name  of  Hiram  T, 
Carpenter,  that  Daniel,  W.  Hogg  take  the  name  of  Daniel  W.  Car- 
penter, that  Jonathan  Hogg  Jr.  take  the  name  of  Jonathan  Carpenter 
Jur, — that  Sally  Leathers  of  Alton  take  the  name  of  Sally  Adams, 
that  Lydia  Leathers  take  the  name  of  Lydia  Adams,  that  Mark 
Leathers  take  the  Name  of  Mark  Adams — that  Sally  Leathers  2d 
take  the  name  of  Sally  Adams  2nd,  that  Edward  Leathers  take  the 
name  of  Edward  Adams,  that  Paul  Leathers  take  the  name  of  Paul 
Adams,  that  Nathan  Leathers  take  the  name  of  Nathan  Adams, 
that  James  Leathers  take  the  name  of  James  Adams — That  John 
Torr  of  Rochester  take  the  Name  of  John  Greenfield,  John  Brown 
of  Dover  take  the  Name  of  John  Joseph  Brown,  Israel  Loveland 
3rd  of  Gilsum  take  the  name  of  Israel  Belding  Loveland,  Henry 
Rust  3rd  of  Wolfborough  take  the  name  of  Henry  Bloomfield  Rust, 
that  Susan  Pierse  Penhallow  of  Portsmouth  take  the  name  of  Susan 
Stevens  Penhallow.  that  Samuel  Abbot  of  Society  Land  take  the 
name  of  Samuel  Sheldon  Abbot,  that  William  Favor  of  New  Ches- 
ter take  the  name  of  William  Burton  Favor. 

Sec.  2.  And  be  it  further  enacted,  that  from  and  after  the  pass- 
ing of  this  act,  the  several  persons  herein  before  named,  shall  be 
known  and  called  by  the  names  which  by  this  act  they  are  respec- 
tively allowed  to  take  and  assume  as  aforesaid,  and  that  said  names 
shall  forever  hereafter  be  considered  as  their  only  proper  and  legal 
names  to  all  intents  and  purposes. 


LAWS   OF   NEW   HAMPSHIRE  147 

[CHAPTER  46.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  create  a  corporation  by  the  name  of  the  Went- 
worth  Woollen  and  Cotton  Factory  Company. 

[Approved  July  2,  1822.  Original  Acts,  vol.  27,  p.  71;  recorded  Acts, 
vol.  22,  p.  242.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Aaron  Jewett  and  those, 
who  may  associate  with  him,  and  their  successors,  be  and  hereby 
are  created  a  corporation  for  the  purpose  of  carrying  on  the  man- 
ufacture of  woollen  and  cotton  cloths  in  the  town  of  Wentworth, 
by  the  name  of  the  Wentworth  Woollen  and  Cotton  Factory  Com- 
pany, with  power  to  hold  real  and  personal  estate  not  exceeding  one 
hundred  thousand  dollars  in  value ;  to  make  by  laws  for  the  govern- 
ment and  management  of  the  corporation,  making  and  collecting 
assessments,  determining  the  number  of  shares,  electing  officers  & 
prescribing  their  qualifications  and  duties,  and  with  all  other  powers 
and  immunities  incident  to  similar  corporations. 

Sect.  2.  And  be  it  further  enacted,  that  said  Aaron  Jewett  may 
call  the  first  meeting  of  said  corporation  by  giving  notice  thereof  in 
writing  to  each  of  the  proprietors  or  members  of  the  corporation, 
fifteen  days  prior  to  the  time  of  meeting. 


[CHAPTER  47.] 

State  of  ) 

New  Hampshire.  \ 

An  act  to  incorporate  a  Musical  Society  in  the  Town  of 
Hampstead 

[Approved   July  3,    1822.     Original   Acts,  vol.   27,   p.   72;    recorded   Acts, 
vol.  22,  p.  244.] 

.Section  ist  Be  it  enacted  by  the  Senate  &  house  of  Reoresenta- 
tives  in  General  Court  convened — That  Joseph  Downer,  John  Little, 
Benjamin  B.  Garland  &  Jesse  Ayer  and  their  associates  &  such  as 
may  hereafter  become  associates,  be,  &  they  hereby  are  incorpo- 
rated &  made  a  body  politick  and  corporate  by  the  name  of  the 
Hampstead  sacred  Music  society  and  by  that  name  may  sue,  &  be 
sued,  prosecute  &  defend  and  are  hereby  vested  with  all  the  powers 
and  privileges  incident  to  Corporations  of  a  similar  nature 


I48  LAWS   OF   NEW   HAMPSHIRE 

Section  2d  Be  it  further  enacted  that  said  Corporation  may  take 
and  hold  real  &  personal  Estate  not  exceeding  the  sum  of  one  thou- 
sand Dollars  &  may  elect  all  proper  Officers,  and  make  and  establish 
all  necessary  by-laws  for  the  Government  of  said  society 


[CHAPTER  48.] 


State  of  ) 

New  Hampshire,  j 


An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Farmers'  Bank. 

[Approved  July  3,    1822.     Original  Acts,  vol.   27,   p.   73;   recorded   Acts, 
vol.  22,  p.  245.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Charles  Barrett,  James 
Wallace,  Humphrey  Moore,  David  Stewart,  William  Read,  Timo- 
thy Nichols,  Robert  Read,  Robert  Means,  jun.  E.  F.  Wallace,  their 
associates,  and  those  who  may  hereafter  become  associates  in  said 
Bank,  their  successors  and  assigns,  shall  be,  and  they  hereby  are 
created  and  made  a  corporation  by  the  name  of  the  President, 
Directors  and  Company  of  the  Farmers'  Bank;  and  shall  so  con- 
tinue from  the  first  day  of  March  next,  until  the  expiration  of  twenty 
years  next  following;  and  by  that  name  shall  be,  and  hereby  are 
made  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended  in  any  court  of  record,  or  any  other  place 
whatever;  and  also,  to  make,  have  and  use  a  common  seal,  and  the 
same  again  at  pleasure  to  break,  alter  or  renew;  and  also,  to  ordain, 
establish  and  put  in  execution  such  by-laws,  ordinances  and  regula- 
tions, not  repugnant  to  the  laws  of  the  State,  as  to  them  shall  appear 
necessary  and  convenient  for  their  regulation  and  government,  and 
for  the  prudent  management  of  the  affairs  of  said  Corporation; 
Subject  always  to  the  rules,  restrictions,  limitations  and  provisions 
herein  after  prescribed. 

Sec.  2.  And  be  it  further  enacted,  That  the  capital  stock  of  said 
Corporation  shall  consist  of  a  sum  not  less  than  fifty  thousand 
dollars,  nor  more  than  two  hundred  thousand  dollars,  in  specie;  and 
shall  be  divided  into  one  thousand  shares;  And  the  stockholders,  at 
their  first  meeting,  shall,  by  a  majority  of  votes,  determine  the 
amount  of  payments  to  be  made  on  each  share,  and  the  time  when 
they  shall  be  made;  also,  the  mode  of  transferring  and  disposing 
of  the  stock,  and  the  profits  thereof;  which  being  entered  on  the 
books  of  said  Corporation,  shall  be  binding  on  the  stockholders, 
their  successors  and  assigns:  Provided,  that  no  stockholder  shall 
be  allowed  to  borrow  at  said  Bank  until  he  shall  have  paid  in  his 


LAWS  OF   NEW   HAMPSHIRE  149 

full  proportion  of  said  sum  of  fifty  thousand  dollars  at  least.  And 
said  Corporation  is  hereby  made  capable  in  law  to  have,  hold,  pur- 
chase and  receive,  possess,  enjoy  and  retain  to  them,  their  successors 
and  assigns,  lands,  rents,  tenements,  &  hereditaments,  to  the  amount 
of  ten  thousand  dollars,  and  no  more  at  any  one  time;  with  power 
to  bargain,  sell,  and  dispose  of  the  same;  and  to  loan  and  negotiate 
their  monies  and  effects,  by  discounting  on  banking  principles,  on 
such  personal  security  as  they  shall  think  advisable. 

Sec.  3.  And  be  it  further  enacted.  That  the  following  rules,  lim- 
itations and  provisions,  shall  form  and  be  the  fundamental  articles 
of  said  Corporation:  — 

1  st.  That  the  said  Corporation  shall  not  issue  and  have  in  circu- 
lation at  any  one  time,  bills,  notes  or  obligations  to  a  greater  amount 
than  the  amount  of  the  capital  stock  actually  paid  in  at  such  time, 
and  then  composing  the  capital  stock  of  said  Bank.  And  in  case  any 
cashier,  director,  or  other  officer  of  said  Bank,  at  any  time,  shall 
knowingly  issue,  or  order,  direct,  or  cause  to  be  issued  and  put  in 
circulation  bills,  notes  or  obligations  of  said  Bank,  which  together 
with  those  before  issued  and  then  in  circulation,  shall  exceed  the 
amount  of  the  capital  stock  of  said  Bank  as  aforesaid,  such  cashier, 
director  or  other  officer,  shall  forfeit  and  pay  a  sum  not  exceeding 
ten  thousand  dollars,  nor  less  than  one  thousand  dollars. 

2d.  That  dividends  may  be  made,  semi-annually,  among  the 
stockholders  of  said  Bank,  of  the  interest  and  profits  actually  re- 
ceived; but  no  part  of  the  capital  stock  of  said  Bank  shall,  either 
before  or  after  the  expiration  of  the  time  limited  by  this  act  for  the 
continuance  of  said  Corporation,  be  divided  among  or  paid  to  the 
stockholders  without  the  licence  of  the  Legislature  of  this  State 
therefor,  on  penalty  that  any  cashier,  director  or  other  officer,  who 
shall  so  divide  or  pay  the  same,  or,  order,  direct,  or  cause  the  same 
to  be  done,  shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten 
thousand  dollars,  nor  less  than  one  thousand  dollars:  Provided 
nevertheless,  that  it  shall  be  lawful  for  the  stockholders,  after  having 
given  one  year's  previous  notice  of  their  intention,  by  advertisement 
in  two  newspapers,  published  in  this  State,  and  after  payment  of  all 
outstanding  debts  due  from  said  Bank,  to  make  a  division  of  the 
capital  stock  among  themselves,  and  thereby  dissolve  said  Corpo- 
ration. 

3d.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank  by  reason  of  bad 
or  desperate  debts  due  to  the  Bank,  or  other  means  whatever,  it 
shall  be  the  duty  of  the  directors  in  their  next  annual  return  of  the 
condition  of  said  Bank  by  law  required  to  be  made  to  the  Governor 
and  Council,  to  state  the  amount  of  such  diminution  or  loss,  and  the 
cause  thereof;  and  after  such  loss  or  diminution,  no  dividend  of 
interest  or  profit  shall  be  made  until  such  loss  or  diminution  shall 
be  replaced  and  supplied  by  assessments  and  actual  payments  by 


150  LAWS  OF   NEW  HAMPSHIRE 

the  stockholders,  or  by  appropriations  therefor  of  the  interest  and 
profits  actually  received. 

4th.  That  said  Corporation  shall  not  vest,  use  nor  improve  any 
of  its  monies,  goods,  chattels  or  effects,  in  trade  or  commerce;  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  its  possession  by 
way  of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5th.  That  none  but  a  member  of  said  Corporation,  being  a  citi- 
zen of  this  State  and  resident  therein,  shall  be  eligible  for  a  director; 
and  the  directors  shall  choose  one  of  their  own  number  to  act  as 
president.  The  cashier,  before  he  enters  on  the  duties  of  his  office, 
shall  give  bond  with  two  or  more  sureties  to  the  satisfaction  of  the 
board  of  directors,  in  a  sum  not  less  than  ten  thousand  dollars,  with 
condition  for  the  faithful  performance  of  the  duties  of  his  office. 

6th.  That  for  the  well  ordering  of  the  affairs  of  said  Corporation, 
a  meeting  of  the  stockholders,  from  and  after  their  first  meeting, 
shall  be  holden  at  such  place  as  they  shall  direct,  on  the  first  Mon- 
day of  March  annually,  and  at  any  other  time  during  the  continu- 
ance of  said  Corporation,  at  such  place  as  may  be  appointed  by  the 
president  and  directors  for  the  time  being,  by  public  notification 
being  given  at  least  two  weeks  prior  thereto: — at  which  annual  meet- 
ing, there  shall  be  chosen  by  ballot  seven  directors  to  continue  in 
office  the  year  ensuing  their  election;  and  the  number  of  votes  to 
which  each  stockholder  shall  be  entitled  shall  be  according  to  the 
number  of  shares  he  shall  hold  in  the  following  proportion;  that  is 
to  say — For  every  one  share,  one  vote;  for  every  two  shares  above 
one,  and  not  exceeding  twenty,  one  vote;  for  every  three  shares 
above  twenty,  one  vote:  provided,  that  no  one  stockholder  shall  be 
entitled  to  more  than  fifteen  votes.  Absent  members  may  vote  by 
proxy,  being  authorized  in  writing,  signed  by  the  person  represented, 
and  filed  with  the  cashier. 

7th.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  stockholders  may  make  the  president  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8th.  That  no  less  than  four  directors  shall  constitute  a  board  for 
the  transaction  of  business,  of  whom  the  president  shall  be  one,  ex- 
cept in  cases  of  sickness  or  necessary  absence,  in  which  case  the 
directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9th.  That  all  bills  issued  from  the  Bank  aforesaid,  signed  by  the 
president  and  countersigned  by  the  cashier  shall  be  binding  on  said 
Corporation. 

10th.  That  the  directors  shall  appoint  a  cashier,  clerks,  and  such 
other  officers,  agents  or  servants,  for  conducting  the  business  of  the 
Bank  with  such  salaries  as  to  them  may  seem  just  and  proper. 

nth.  That  said  Bank  shall  be  established  and  kept  in  the  town 
of  Amherst  in  the  county  of  Hillsborough. 


LAWS  OF   NEW  HAMPSHIRE  I  5  J 

1 2th.  That  the  Legislature  shall  at  all  times  have  the  right,  by 
persons  duly  appointed  for  that  purpose,  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion, and  of  its  officers,  relating  to  the  same;  for  which  purpose  all 
the  books  and  papers  of  the  Corporation,  together  with  its  money 
and  security  for  money,  shall  be  exhibited  and  submitted  to  the 
inspection  and  examination  of  such  persons  so  appointed;  and  each 
officer  of  said  Corporation  shall  answer  on  oath,  if  required,  all  suit- 
able and  proper  interrogatories  relating  to  the  state,  condition  and 
transactions  of  said  Bank- 
Sec.  4.  And  be  it  further  enacted,  That  the  said  Charles  Barrett, 
Humphrey  Moore,  and  Robert  Means,  junior,  or  either  two  of  them 
may  call  a  meeting  of  the  members  of  said  Corporation,  as  soon  as 
may  be,  at  such  time  and  place  as  they  may  see  fit,  by  advertisement 
in  either  of  the  newspapers  printed  in  Amherst,  at  least  two  weeks 
prior  to  the  time  of  meeting,  for  the  purpose  of  making  and  estab- 
lishing such  by-laws,  ordinances  and  regulations  as  the  said  mem- 
bers may  deem  necessary,  and  for  the  choice  of  the  first  board  of 
directors,  and  such  other  officers  as  they  may  see  fit  to  choose. 

Sec.  5.  And  be  it  further  enacted,  That  all  penalties  incurred 
for  the  breach  of  any  of  the  provisions  of  this  act,  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 


[CHAPTER  49.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  a  company  by  the  name  of  the  propri- 
etors OF  THE  SOUHEGAN  WOOLLEN  FACTORY. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  74;  recorded  Acts, 
vol.  22,  p.  251.] 

Section  i.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Seth  King,  John  Pres- 
ton, their  associates,  successors  and  assigns,  be,  and  they  hereby  are 
incorporated  and  made  a  body  politic,  by  the  name  of  The  Proprie- 
tors of  the  Souhegan  Woollen  Factory;  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execution, 
and  be  known  and  distinguished  in  all  their  acts  and  proceedings; 
and  shall  be  and  hereby  are  vested  with  all  the  powers  and  privi- 
leges which  are  by  law  incident  to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  be,  and 
hereby  is  authorized  to  carry  on  the  manufacture  of  Woollen  Goods, 
and  such  other  branches  of  business  as  shall  be  necessarily  or  con- 
veniently connected  therewith,  at  Mason  in  the  county  of  Hills- 


152  LAWS  OF   NEW  HAMPSHIRE 

borough;  and  may  erect  such  mills,  dams,  buildings  and  machinery 
as  may  be  necessary  or  convenient  for  conducting  and  carrying  on 
these  useful  manufactures. 

Sec.  3.  And  be  it  further  enacted,  That  said  Corporation  may 
purchase  and  hold  such  real  and  personal  estate  as  may  be  nec- 
essary or  useful  in  conducting  the  business  aforesaid,  and  for  the 
convenient  management  thereof  upon  the  present  or  a  more  en- 
larged scale,  not  exceeding  fifty  thousand  dollars;  and  the  same  may 
sell,  alienate  and  dispose  of  at  pleasure. 

Sec.  4.  And  be  it  further  enacted,  That  either  of  the  persons 
above  named  may  call  the  first  meeting  of  said  proprietors,  at  any 
suitable  time  and  place,  by  advertisement  in  either  of  the  news- 
papers printed  at  Amherst,  twenty  days  at  least  previous  thereto, 
or  by  giving  at  least  ten  days'  personal  notice  of  the  time  and  place 
of  meeting: — At  which  the  said  proprietors  may  agree  on  the 
method  of  calling  their  future  meetings;  and  at  the  same,  or  at  any 
subsequent  meeting,  they  may  choose  a  clerk,  and  all  other  nec- 
essary officers  for  conducting  the  concerns  of  said  Corporation;  may 
divide  their  capital  or  joint  stock  into  such  number  of  shares  as 
they  may  deem  proper,  and  agree  upon  the  method  of  transfering 
them;  may  order  assessments,  and  fix  the  time  of  their  payments 
may  pass  such  by-laws,  not  repugnant  to  the  laws  of  the  State,  as 
they  may  deem  proper  for  their  regulation  and  government,  and 
do  and  transact  any  business  necessary  to  carry  into  effect  the 
objects  of  their  association.  All  questions  shall  be  determined  by 
a  majority  of  votes  present  or  represented  at  any  meeting,  ac- 
counting and  allowing  one  vote  to  each  share  in  all  cases,  except  the 
raising  of  money,  which  shall  require  three  fourths  of  the  whole 
number  of  votes  present;  and  absent  members  may  vote  by  proxy, 
being  authorized  in  writing  signed  by  the  person  represented. 

Sec.  5.  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Corporation  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  non-payment  thereof 
within  the  time  prescribed  for  their  payment,  the  said  share  or 
shares  may  be  sold  at  public  auction,  or  so  many  of  them  as  may 
be  necessary  to  pay  such  assessments,  with  incidental  charges, 
under  such  regulations  as  said  Corporation  may  in  its  by-laws  pre- 
scribe. 


LAWS   OF   NEW  HAMPSHIRE  153 

[CHAPTER  50.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  incorporate  certain  persons  by  the  name  of  Bow 
Social  Library  Society. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  75;  recorded  Acts, 
vol.  22,  p.  253.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Asa  Goodhue  Jonathan 
Brown  and  Abraham  Colby,  and  their  Associates,  Proprietors  of 
said  Library,  and  all  such  as  are  or  may,  hereafter,  become  pro- 
prietors of  said  Library,  be,  and  they  hereby  are,  incorporated  into 
and  made  a  body  politic  and  corporate  by  the  name  and  style  of  the 
Bow  Social  Library  Society  with  continuance  and  succession  for- 
ever; and  in  that  name  may  sue  and  be  sued,  prosecute  and  defend 
to  final  judgment  and  execution,  and  are  hereby  vested  with  all  the 
powers  and  privileges  of  corporations  of  a  similar  nature,  and  may 
enjoin  penalties  of  disfranchisement  or  fine,  not  exceeding  four 
dollars  for  each  offence;  to  be  recovered  by  action  of  debt,  to  their 
use — ,in  any  Court  of  Competent  Jurisdiction;  and  may  purchase 
and  receive  subscriptions,  grants  and  donations  of  personal  property 
not  exceeding  the  sum  of  one  thousand  dollars,  for  the  use  of  their 
association — 

Sec.  2  And  be  it  further  enacted,  That  said  proprietors  be  and 
they  hereby  are  authorized  and  empowered  to  meet  at  Bow  afore- 
said on  the  First  Monday  of  September  annually  to  choose  all  such 
officers  as  may  be  found  necessary  for  the  orderly  conducting  of 
the  affairs  of  said  association  who  shall  continue  in  office  until  others 
are  chosen  in  their  room;  and  the  said  Corporation  may  convene 
as  often  as  may  be  found  necessary  for  filling  up  of  any  vacancies 
that  may  happen  in  said  offices,  and  for  transacting  all  other  busi- 
ness for  the  benefit  of  said  Corporation,  excepting  the  raising  of 
money,  which  shall  be  done  at  their  annual  meeting,  and  at  no  other 
time.  At  which  annual  meeting  they  shall  vote  all  such  sums  as 
shall  be  necessary  for  defraying  the  annual  expense  of  preserving 
said  Library,  and  for  enlarging  the  same;  and  may  make  and  estab- 
lish a  Constitution,  rules  and  by  laws  for  the  government  of  said 
Corporation.  Provided  the  same  be  not  repugnant  to  the  Consti- 
tution and  laws  of  this  State. 

Sec.  3d — And  be  it  further  enacted.  That  the  persons  above 
named,  or  any  two  of  them,  be  and  they  hereby  are  authorized  and 
empowered  to  call  the  first  meeting  of  said  Corporation,  at  such 
time  and  place  as  may  be  judged  proper,  in  said  town  of  Bow,  by 
posting  up  a  notification  of  the  same  at  the  meeting  house  in  said 


154  LAWS   OF   NEW  HAMPSHIRE 

Town,  and  at  some  other  public  place  therein  at  least  fifteen  days 
before  the  time  of  holding  said  meeting,  and  to  preside  in  said  meet- 
ing until  a  Moderator  shall  be  chosen;  and  the  Proprietors  at  said 
Meeting,  shall  have  all  the  power  and  authority  to  establish  such  by 
laws  and  choose  all  such  officers  as  they  may  or  can  do  by  virtue 
of  this  act  at  their  annual  meeting 


[CHAPTER  51.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  repeal  the  last  Section  of  an  act  entitled  "an  act 
to  establish  a  literary  fund  to  be  collected  from  the  sev- 
eral BANKING  CORPORATIONS  WITHIN  THIS  STATE. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  76;  recorded  Acts, 
vol.  22,  p.  256.  Session  Laws,  1822,  Chap.  51.  Laws,  1824  ed.,  p.  112;  id., 
1830  ed.,  p.  326.  The  act  referred  to  is  dated  June  29,  1821,  ante,  p.  37. 
See  acts  of  December  31,  1828,  post;  July  1,  1830,  Session  Laws,  1830,  Chap. 
29,  and  July  2,  1831,  id.,  1831,  Chap.  44.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  last  section  of  an  act 
entitled  "An  Act  to  establish  a  literary  fund  to  be  collected  from  the 
several  banking  corporations  within  this  State,"  passed  June  29, 
1 82 1,  be  and  hereby  is  repealed. 


[CHAPTER  52.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  disannex  the  farm  of  Nathaniel  Carlton  of  Bart- 
lett  from  the  town  of  bartlett  and  annex  it  to  the 
Town  of  Adams 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  77;  recorded  Acts, 
vol.  22,  p.  257.] 

Sec  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  general  court  convened,  that  a  tract  of  land  the  property  of 
Nathaniel  Carlton  of  Bartlett  lying  in  the  town  of  Bartlett  near  the 
foot  of  Thorn  Mountain  and  adjoining  the  highway  which  leads 
from  Bartlett  to  Adams,  and  being  the  farm  on  which  the  said 
Nathaniel  Carlton  now  lives,  be  and  the  same  is  hereby  disannexed 
from  the  town  of  Bartlett  and  annexed  to  the  town  of  Adams 


LAWS   OF   NEW  HAMPSHIRE  155 

[CHAPTER  53.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act,  entitled  an  Act,  empowering 
the  several  judges  of  probate,  to  licence  executors,  ad- 
MINISTRATORS, and  Guardians,  to  sell  real  Estate  in  cer- 
tain CASES,  AND  FOR  PERPETUATING  THE  EVIDENCE  OF  SUCH 
SALES. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  78;  recorded  Acts, 
vol.  22,  p.  258.  Session  Laws,  1822,  Chap.  53.  Laws,  1824  ed.,  p.  172;  id., 
1830  ed.,  p.  369.  See  acts  of  July  2,  1822,  ante,  p.  123;  July  1,  1825;  June 
30,  1826,  and  January  2,  1829,  post;  June  29,  1829,  Session  Laws,  1829, 
Chap.  26,  and  June  28,  1834,  id.,  1834,  Chap.  183.  Repealed  December  23, 
1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened 

That  whenever  license  shall  be  granted  by  the  Judge  of  Probate 
of  any  County  in  this  State,  to  any  Guardian  to  sell  the  real  estate 
of  his  ward,  in  pursuance  of  the  Act,  to  which  this  is  in  addition, 
the  Wife  of  the  ward  may  transfer  her  right  in  such  estate  by  join- 
ing with  the  Guardian  in  conveyance  of  the  same,  in  as  full  and 
ample  a  manner,  as  she  might  do,  by  joining  in  such  conveyance 
with  her  husband  while  under  no  legal  impediment. 


[CHAPTER  54.] 


State  of  } 

New  Hampshire,  j 


An  Act  to  amend  an  Act  entitled  an  Act  to  incorporate  cer- 
tain PERSONS  BY  THE  NAME  OF   THE  NEW  HAMPSHIRE   COTTON 

&  Woollen  Factory  at  Hillsborough. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  79;  recorded  Acts, 
vol.  22,  p.  259.  The  act  referred  to  is  dated  June  20,  181 1,  Laws  of  New 
Hampshire,  vol.  8,  p.  39.     See  also  act  of  June  24,  1817,  id.,  p.  631.] 

Sec.  i — Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  That  from  and  after  the  passing 
of  this  act,  each  member  of  The  New  Hampshire  Cotton  and  Wool- 
len Factory  at  Hillsborough  present  or  represented  at  any  legally 
notified  meeting  thereof  shall  have  a  right  to  vote  at  such  meeting 
according  to  the  number  of  shares  he  owns,  that  is  to  say,  one  vote 
for  each  share,  any  thing  in  the  act  to  which  this  act  is  an  amend- 
ment to  the  contrary  notwithstanding:  Provided  nevertheless  that 
this  act  shall  not  take  effect  until  assented  to  by  every  member  of 
said  corporation. 


15^  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  55.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  First  Congregational  Church  in 
Nelson. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  80;  recorded  Acts, 
vol.  22,  p.  260.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Gad  Newell,  Noah 
Hardy,  John  White,  Josiah  Robbins,  their  Associates  and  Suc- 
cessors, be,  and  they  hereby  are  incorporated  and  made  a  body 
politic,  by  the  name  of  the  First  Congregational  Church  in  Nelson; 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution,  and  be  known  and  distinguished  in 
all  their  acts  and  proceedings;  and  shall  be,  and  hereby  are  vested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a 
similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  be, 
and  hereby  is  made  capable  in  law  to  have,  hold,  purchase  and  re- 
ceive by  gift,  grant  or  otherwise,  any  estate,  both  real  and  personal, 
not  exceeding  in  value  the  sum  of  six  thousand  dollars;  and  the 
same  may  possess  and  enjoy,  or  sell,  alienate  and  dispose  of  at 
pleasure. 

Sec.  3.  And  be  it  further  enacted,  That  the  reverend  Gad  New- 
ell, or  any  two  of  the  other  persons  before  named  may  call  the  first 
meeting  of  the  members  of  said  Corporation  at  any  suitable  time, 
at  the  meeting-house  in  said  Nelson,  by  a  notification  for  that  pur- 
pose, posted  at  said  meeting-house,  at  least  fourteen  days  prior 
thereto,  expressing  therein  the  time,  place  and  design  of  said  meet- 
ing:— at  which  they  may  choose  a  Clerk,  and  at  the  same,  or  at  any 
subsequent  meeting  the  said  members  may  choose  all  such  officers 
as  they  may  deem  necessary  and  convenient  for  the  prudent  man- 
agement of  their  concerns;  may  agree  on  the  time  of  holding  their 
annual  meeting,  and  the  manner  of  calling  that  and  other  occasional 
meetings;  may  prescribe  such  by-laws,  not  repugnant  to  the  laws 
of  the  State,  as  they  may  think  proper  for  the  regulation  and  gov- 
ernment of  said  Corporation;  and  may  do  and  transact  any  busi- 
ness necessary  to  carry  into  effect  the  beneficial  designs  of  their 
association. 


LAWS  OF   NEW  HAMPSHIRE  I  57 

[CHAPTER  56.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  change  the  place  of  holding  the  February  Term 
of  the  Superior  Court  of  Judicature  and  the  January 
Term  of  the  Court  of  Sessions  in  the  County  of  Rocking- 
ham.— 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  81 ;  recorded  Acts, 
vol.  22,  p.  261.  Session  Laws,  1822,  Chap.  56.  Repealed  by  act  of  July  1, 
1823,  post.] 

Sec.  1.  Be  it  enacted  in  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  after  the  first  day  of  March 
next  the  Term  of  the  Superior  Court  of  judicature  which  is  holden 
at  Portsmouth  on  the  third  Tuesday  of  February  annually  in  the 
County  of  Rockingham  in  this  State  and  the  Term  of  the  Court  of 
Sessions  which  is  holden  at  said  Portsmouth  on  the  third  Tuesday 
of  January  annually  be  holden  at  Concord  in  said  county,  Provided 
a  suitable  building  for  the  accommodation  of  said  courts  shall  be 
erected  and  furnished  for  that  purpose,  without  expense  to  said 
county  and  notice  thereof  shall  be  lodged  with  the  Clerk  of  said 
court  certified  by  the  selectmen  of  said  Concord  six  weeks  prior  to 
the  third  Tuesday  of  January  A.  D.  eighteen  hundred  and  twenty 
four. 

Sec.  2.  And  be  it  further  enacted,  that  all  writs,  venires,  recog- 
nizances, appeals,  actions,  indictments,  warrants  and  processes  of 
every  kind,  which  may  be  made  returnable  to  said  Superior  Court  of 
Judicature  at  said  Portsmouth  on  the  third  Tuesday  of  February 
A.D.  one  thousand  eight  hundred  and  twenty  four  shall  be  returned 
to  and  sustained  by  said  court  at  said  Concord  and  all  petitions, 
orders,  notices  and  processes  of  every  kind  which  may  be  made  re- 
turnable to  said  court  of  sessions  at  said  Portsmouth  on  the  third 
tuesday  of  January  A.D.  one  thousand  eight  hundred  and  twenty 
four  shall  be  returned  to  and  sustained  by  said  Court  of  Sessions  at 
said  Concord,  provided  the  conditions  of  this  act  are  performed — 


158  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  57.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  a  Musical  Society  by  the  name  of  the 
Martin  Luther  Society  in  Boscawen. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  82;  recorded  Acts, 
vol.  22,  p.  263.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  John  Rogers,  Joshua  C. 
Plumer,  Jeremiah  Gerrish  Jun1'  and  Joseph  Morrill,  and  their  asso- 
ciates and  such  others  as  may  hereafter  become  members  of  said 
Society,  be  and  they  hereby  are  made  a  Corporation  by  the  name 
of  the  Martin  Luther  Society  in  Boscawen,  and  by  that  name  may 
sue  and  be  sued,  defend,  and  be  defended,  in  all  cases  whatever, 
and  shall  be  and  hereby  are  vested  with  all  such  powers,  and  privi- 
leges, as  are  usually  enjoyed  by  Corporations  of  a  similar  nature. 

Section  2d  And  be  it  further  enacted  that  the  two  first  named 
persons  or  either  of  them  may  call  the  first  meeting  of  said  Society 
at  any  suitable  time,  and  place,  in  said  Boscawen,  by  posting  up  a 
notification  for  that  purpose  at  one  or  more  public  places  in  said 
Boscawen;  at  least  ten  days  prior  to  said  day  of  Meeting.  At  which 
meeting  the  Members  thereof  shall  choose  a  Clerk,  and  such  other 
Officers  as  they  shall  think  proper,  and  may  on  that,  or  at  any 
future  meeting,  agree  on  the  method  of  calling  annual,  and  other 
meetings,  and  the  time  of  holding  their  annual  meetings;  and  may 
adopt  and  establish  all  rules,  and  by  laws,  for  their  regulation,  and 
government,  which  are  not  contrary  to  the  Constitution  and  Laws 
of  this  State:  and  may  order  such  assessments  as  they  shall  think 
proper. 

Section  3d  And  be  it  further  enacted  that  said  Society  may  re- 
ceive, hold,  and  enjoy,  by  gift,  grant,  or  otherwise,  personal  estate, 
not  exceeding  five  hundred  dollars,  and  the  same  may  sell  and  dis- 
pose of  at  pleasure,  for  the  use,  and  benefit,  of  said  Society. 


LAWS   OF   NEW   HAMPSHIRE  I  59 

[CHAPTER  58.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate 
sundry  persons  by  the  name  of  the  proprietors  of  new- 
CASTLE Bridge,  passed  June  1821. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  83;  recorded  Acts, 
vol.  22,  p.  264.  See  act  referred  to,  ante,  p.  9.  See  also  acts  of  February 
26,  1778,  Laws  of  New  Hampshire,  vol.  4,  p.  143;  January  12,  1790,  id.,  vol. 
5,  p.  477;  June  14,  1800,  id.,  vol.  6,  p.  637;  July  3,  1872,  Session  Laws,  1872, 
Chap.  116,  and  July  2,  1873,  id.,  1873,  Chap.  122.] 

Section  Ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  proprietors  of  New- 
Castle  Bridge  and  those  who  may  hereafter  become  proprietors 
thereof,  are  hereby  empowered  to  purchase  and  hold  in  fee  simple 
Real  Estate  in  the  town  of  New-Castle; — Provided  however  that 
such  estate  shall  not  exceed  six  thousand  dollars. 

Section  2d  And  be  it  further  enacted  that  said  proprietors  shall 
have  power  to  make  such  assessments  as  may  be  necessary  to  pur- 
chase said  Real  Estate;  and  the  same  may  collect  by  sale  of  the 
shares  of  delinquent  proprietors 

Section  3d,  And,  be  it  further  enacted,  That  this  act  shall  not 
take  effect  without  the  consent  of  all  the  members  of  said  Corpora- 
tion first  had  and  obtained. 


[CHAPTER  59.] 

State  of  ) 

New  Hampshire.  \ 

An  act  making  provision  for  the  sale  on  execution  of  all 
rights  in  equity  of  redeeming  real  estate  mortgaged. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  84;  recorded  Acts, 
vol.  22,  p.  265.  Session  Laws;  1822,  Chap.  59.  Laws,  1824  ed.,  p.  128;  id., 
1830  ed.,  p.  104.  Repealed  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  that  all  rights  in  equity  of 
redeeming  real  estate  hereafter  mortgaged  shall  be  liable  to  be  at- 
tached on  mesne  process,  and  taken  in  execution  upon  judgment,  for 
the  payment  of  the  just  debts  of  the  mortgager  or  owner,  and  the 
officer  having  such  execution  is  hereby  authorized  to  make  sale  of 
such  right  or  rights  in  equity  at  public  vendue  and  to  make,  exe- 
cute, acknowledge  and  deliver  to  the  highest  bidder  a  good  and  suf- 


l6o  LAWS  OF   NEW  HAMPSHIRE 

ficient  deed  or  deeds  of  any  estate  so  sold,  in  manner  as  is  here- 
inafter provided. 

Sec.  2.  And  be  it  further  enacted,  that  the  officer  having  such 
execution,  shall  give  notice  in  writing  of  the  time  and  place  of 
sale,  to  the  debtor  in  person,  or  by  leaving  the  same  at  his  last  and 
usual  place  of  abode,  provided  such  debtor  be  an  inhabitant  of  this 
State,  and  public  notice  of  the  said  time  and  place  of  sale,  by  post- 
ing up  notifications  thereof  in  two  or  more  public  places  in  the  town 
or  place  in  which  such  mortgaged  estate  is  situated,  thirty  days,  at 
least,  previous  to  the  time  of  sale. — And  in  case  the  debtor  is  not 
an  inhabitant  of  this  State,  the  officer  shall  cause  an  advertisement 
of  the  time  and  place  of  sale  to  be  published  three  weeks  succes- 
sively before  the  day  of  sale,  in  some  public  newspaper  printed  in 
the  county,  in  which  such  real  estate  lies,  if  any  such  there  be,  if 
not,  in  any  public  newspaper  printed  in  the  State.  And  the  notifi- 
cations being  commenced  and  posted  up  within  the  space  of  thirty 
days  after  judgment  rendered,  whereon  such  execution  shall  issue, 
the  attachment  shall  hold  the  right  of  equity  attached  as  aforesaid 
until  the  levy  of  such  execution  can  be  completed  in  manner  here- 
inafter described.  And  in  case  the  estate  notified  for  sale  as  afore- 
said shall  not  be  disposed  of  at  the  time  and  place  appointed,  the 
officer  shall  adjourn  the  vendue,  not  exceeding  three  days,  and  so 
from  time  to  time,  until  the  sale  shall  be  completed,  provided  that 
all  such  adjournments  shall  not  exceed  the  term  of  twenty  days. 
Provided  nevertheless,  that  all  sales  by  virtue  of  this  act,  shall  be 
between  the  hours  of  ten  of  the  clock  in  the  forenoon,  and  six  of  the 
clock  in  the  afternoon. 

Sec.  3.  And  be  it  further  enacted,  that  all  deeds,  made  and 
executed  in  pursuance  of  the  provisions  of  this  act,  shall  be  as  ef- 
fectual to  all  intents  and  purposes  to  convey  the  debtor's  right  in 
equity  aforesaid  to  the  purchaser,  his  heirs  and  assigns,  as  if  such 
deed  had  been  made  and  executed  by  such  debtor  or  debtors. — Pro- 
vided always,  that  every  such  debtor,  his  heirs  or  assigns  shall  have 
liberty  to  redeem  the  right  in  equity  so  sold,  within  one  year  next 
after  executing  the  deed  or  deeds  thereof  in  manner  aforesaid,  by 
paying  the  sums,  which  may,  by  such  sale,  have  been  satisfied  on 
such  execution,  together  with  all  the  costs  and  charges  of  levying 
the  same,  with  the  interest  thereof.  And  in  case  the  purchaser  of  any 
such  right  in  equity  shall  have  satisfied,  and  paid  to  the  mortgagee, 
his  heirs  or  assigns,  the  sum  due  on  said  mortgage,  the  mortgager 
shall  have  the  right  to  redeem  such  mortgaged  estate  of  such  pur- 
chaser, or  any  one  holding  under  him,  at  such  time  and  in  such  way 
and  manner  only  as  he  might  have  redeemed  the  same,  had  no  such 
sale  of  the  right  in  equity  been  made. 

Sec.  4.  And  be  it  further  enacted,  that  from  and  after  the  pass- 
ing of  this  act,  where  any  right  in  equity  of  redeeming  real  estate 
which  may  be  mortgaged,  shall  be  attached  on  mesne  process,  and 


LAWS   OF  NEW   HAMPSHIRE  l6l 

pending  the  attachment  such  mortgaged  real  estate  shall  be  re- 
deemed by  the  mortgager,  the  attaching  creditor  shall  have  the 
same  lien  on  such  estate,  as  though  the  attachment  had  been  of  the 
fee,  and  execution  may  be  levied  thereon  accordingly. 

Sec.  5.  And  be  it  further  enacted,  that  when  the  rights  in  equity 
of  redeeming  real  estate  mortgaged  of  any  person  or  persons  in  this 
State  shall  be  attached  on  mesne  process,  by  virtue  of  any  writ  or 
precept,  the  officer,  making  such  attachment,  shall  make  the  service 
and  return  on  such  writ  or  precept  in  the  same  way  and  manner  as 
is  required  by  law,  when  real  estate  is  attached  on  mesne  process. 

Sec.  6.  And  be  it  further  enacted,  that  where  any  right  in  equity 
as  aforesaid  shall  be  sold  by  virtue  of  the  provisions  of  this  act,  the 
officer  having  the  execution,  whereon  the  same  shall  be  sold,  shall 
immediately  make  and  execute  a  good  and  sufficient  deed  of  such 
right  in  equity  to  the  purchaser,  which  deed  shall  be  in  the  form 
following,  to  wit: 

Know  all  men  by  these  presents  that  I  sheriff,  ( or 

one  of  the  deputy  sheriffs  as  the  case  may  be. )  of  the  county  of 
in  the  State  of  New  Hampshire,  do  by  virtue  of  the 
authority  in  me  vested  by  the  law  of  this  State  regulating  the  at- 
tachment and  sale  of  rights  in  equity  of  redeeming  real  estate  mort- 
gaged, and  by  virtue  of  an  execution  which  issued  upon  a  judgment 
recovered  by  plaintiff,  against  defendant 

at  the  Superior  Court  of  Judicature  holden  at  within 

and  for  the  county  of  on  the  Tuesday  of 

,  and  in  consideration  of  the  sum  of  to  me 

in  hand  before  the  delivery  hereof  paid  by  of 

in  the  county  of  and  State  of  hereby  sell 

and  convey  to  him  the  said  his  heirs  and  assigns  all  the 

right  in  equity  which  the  said  had  of  redeeming  ( here 

describe  the  real  estate,  the  right  in  equity  of  redeeming  which  may 
be  sold) 

To  have  and  to  hold  the  said  granted  right  in  equity  to  him  the 
said  his  heirs  and  assigns  forever — the  same  being  sub- 

ject, however,  for  the  term  of  one  year  next  after  the  day  of  the 
date  hereof,  to  the  right  of  redemption  agreeably  to  the  provisions 
of  the  law,  by  virtue  of  which  this  conveyance  is  made. — And  I  the 
said  do  hereby  covenant  with  the  said 

that  I  have  in  my  said  capacity  good  right  to  sell  and  convey  the 
same  in  manner  aforesaid — and  that  I  have  observed  and  pursued 
all  the  requisitions  imposed  on  the  Sheriff  of  said  county  or  his  dep- 
uties, by  the  law,  by  virtue  of  which  this  conveyance  is  made. 
In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this 
day  of  Anno  Domini 

Signed,  sealed  and  delivered 
in  presence  of  us 
11 


1 62  LAWS   OF    NEW   HAMPSHIRE 

Sec.  7.  And  be  it  further  enacted,  that  whenever  an  officer  shall 
have  in  his  hands  any  money  arising  from  the  sale  of  any  equity  of 
redemption,  more  than  sufficient  to  satisfy  the  execution  or  execu- 
tions on  which  such  equity  was  taken  and  sold,  such  officer  shall 
apply  the  same  surplus  money,  or  such  part  thereof  as  may  be  nec- 
essary to  the  payment  of  any  other  execution  which  he  may  have  in 
his  hands  unsatisfied  against  the  same  debtor,  any  thing  in  this  or 
any  other  law  of  this  State  to  the  contrary  notwithstanding.  Pro- 
vided however,  that  if  such  equity  of  redemption  shall  before  such 
sale  have  been  attached  on  mesne  process,  other  than  that  on  which 
such  execution  shall  have  issued  or  shall  have  been  taken  on  some 
other  execution,  and  the  said  officer  is  duly  notified  thereof  he 
shall  hold  such  surplus  monies,  subject  to  such  attachment  or  exe- 
cution, and  shall  apply  the  same  to  the  payment  of  the  execution, 
which  may  issue  on  the  judgment  that  may  be  rendered  on  such 
mesne  process,  and  delivered  to  him  within  thirty  days  after  the 
rendition  of  such  judgment  or  to  the  payment  of  the  execution  by 
which  such  equity  of  redemption  had  been  taken  according  to  the 
priority  in  regard  to  time  of  such  attachment,  or  taking  in  execu- 
tion. And  the  surplus  monies,  if  any  there  shall  be,  arising  from 
such  sale  beyond  satisfying  such  execution  or  executions  and  the 
necessary  intervening  charges  thereon,  the  officer  shall  return  to  the 
debtor,  his  executor,  administrator  or  assigns  on  demand. 

Sec.  8.  And  be  it  further  enacted,  that  any  rents  or  profits 
which  any  purchaser  or  any  under  him  of  such  right  in  equity,  may 
have  received  over  and  above  the  repairs  and  improvements  made 
by  him  the  said  purchaser,  or  any  under  him,  may  be  sued  for  and 
recovered  in  an  action  on  the  case  before  any  court  competent  to 
try  the  same.  Provided  however,  that  such  purchaser  or  any  claim- 
ing under  him  shall  have  the  right  of  tendering  to  the  person  or  per- 
sons entitled  to  such  rents  or  profits  at  any  time  before  the  com- 
mencement of  any  such  action,  the  amount  that  may  be  justly  due 
over  and  above  the  repairs  and  improvements  made  by  him  the  said 
purchaser,  or  any  under  him;  or  after  the  commencement  of  such 
action,  may  have  leave  to  bring  money  into  court  to  satisfy  the 
damage  the  plaintiff  has  sustained,  and  the  costs  already  accrued; 
and  in  case  the  Jury  shall  not  assess  greater  damages  than  the 
money  tendered  or  brought  into  court,  the  defendant  shall  recover 
of  the  plaintiff  his  reasonable  costs. 


LAWS   OF   NEW   HAMPSHIRE  1 63 

[CHAPTER  60. J 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  establish  the  rate  at  which  bank  shares  shall  be 
valued,  in  making  and  assessing  direct  taxes. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  85;  recorded  Acts, 
vol.  22,  p.  271.  Session  Laws,  1822,  Chap.  60.  Laws,  1824  ed.,  p.  113;  id., 
1830  ed.,  p.  552.  See  act  of  December  16,  1812,  Laws  of  New  Hampshire, 
vol.  8,  p.  183.  Repealed  December  2},,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened,  that  hereafter  all  the  bank  shares,  owned 
in  this  state,  shall  be  rated  and  taxed  in  all  direct  taxes,  at  one  half 
of  one  per  cent  instead  of  three  fourths  of  one  per  cent;  any  law  or 
custom  to  the  contrary  notwithstanding. 


[CHAPTER  61.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  for  the  preservation  of  Pickerel  in  the  waters  of 
the  ponds  in  the  town  of  pelham. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  86;  recorded  Acts, 
vol.  22,  p.  271.  Session  Laws,  1822,  Chap.  61.  Laws,  1824  ed.,  p.  125;  id., 
1830  ed.,  p.  258.     Repealed  June  28,  1831,  Session  Laws,  1831,  Chap.  27.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  if  any  person  shall  catch,  kill  or 
destroy  any  of  that  kind  of  fish,  called  Pickerel,  in  any  of  the  fol- 
lowing ponds  in  the  town  of  Pelham,  towit,  Gumpos,  Island,  North 
and  so  much  of  Long  pond,  as  lies  within  said  town  of  Pelham,  be- 
tween the  first  day  of  November  in  each  year  and  the  first  day  of 
May  following,  such  person,  so  offending,  for  every  pickerel  so 
caught,  killed  or  destroyed,  shall  forfeit  and  pay  the  sum  of  two 
dollars,  with  costs  of  suit;  which  penalty  may  be  sued  for  and  re- 
covered by  any  person  in  an  action  of  debt,  before  any  magistrate, 
or  court,  authorized  by  law  to  hear  and  determine  the  same;  one 
half  to  the  person  suine,  and  the  other  half  to  the  town  in  which  the 
offence  shall  be  committed. 


164  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  62.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  an  act  requiring  cer- 
tain PERSONS  TO  ACCOUNT  TO  THE  ADJUTANT  GENERAL,  AND 
VESTING  CERTAIN  POWERS  IN  THAT  OFFICER,  APPROVED  JUNE  2Q, 
I82I. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  87;  recorded  Acts, 
vol.  22,  p.  2JT,.  Session  Laws,  1822,  Chap.  62.  Laws,  1824  ed.,  p.  90.  See 
act  referred  to,  ante,  p.  47.  See  also  acts  of  December  22,  1820,  Laws  of 
New  Hampshire,  vol.  8,  p.  955;  June  2j,  1821,  ante,  p.  23;  July  2,  1822, 
ante,  p.  135.  and  June  12,  1824,  post.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  the  Adjutant  General 
be,  and  he  hereby  is  authorized  and  empowered  to  examine  into  any 
and  all  cases  of  omission  or  neglect,  which  heretofore  have  occurred, 
or  may  occur,  to  make  the  returns  required  by  the  "act  for  arrang- 
ing, forming  and  regulating  the  militia"  passed  Dec.  22,  1820 — the 
act  in  addition  thereto,  passed  June  27,  1821,  and  the  act  in  further 
addition  thereto,  passed  at  the  present  session — and  to  report  a 
statement  of  facts  to  the  Commander  in  Chief:  i\nd  if  in  the 
opinion  of  the  Commander  in  Chief  the  said  omissions  or  neglect 
arose  from  circumstances  which  ought  to  excuse  the  person  or  per- 
sons so  omitting  or  neglecting,  from  paying  said  fines  and  penalties, 
he  may  direct  the  Adjutant  General  to  omit  to  prosecute  or  suspend 
indefinitely  any  prosecution  or  prosecutions  which  may  have  been 
commenced. 

Sec.  2.  And  be  it  further  enacted,  that  the  sixth  section  of  the 
act  to  which  this  is  in  addition,  be,  and  the  same  is  hereby  repealed; 
Provided  however,  that  any  examination,  already  commenced  under 
the  authority  of  the  said  sixth  section,  may  be  continued  and  closed 
under  the  authority  of  this  act. 


LAWS  OF   NEW  HAMPSHIRE  1 65 

[CHAPTER  63.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "An  act  to  restore 
certain  estates  to  their  original  connection  with  the 
town  of  plermont,  passed  july  first  one  thousand  eight 
hundred  and  nineteen. 

[Approved  July  3,  1822.  Original  Acts,  vol.  27,  p.  88;  recorded  Acts, 
vol.  22,  p.  274.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  8,  p.  823.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  act  to  which  this  is  in 
addition  shall  be  so  construed  as  to  annex  all  the  real  estate  and 
lands  now  owned  by  Simon  Smith  which  adjoin  and  are  contiguous 
to  the  lands  on  which  he  now  resides,  to  the  town  of  Wentworth, 
any  thing  in  said  Act  to  the  contrary  notwithstanding. 


[CHAPTER  64.] 

State  of  ) 

New  Hampshire.  \ 

An  act  for  raising  thirty  thousand  dollars  for  the  use  of 
this  State. 

[Approved  July  4,  1822.  Original  Acts.  vol.  27,  p.  89;  recorded  Acts, 
vol.  22,  p.  275.     Session  Laws,  1822,  Chap.  70.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  be  raised, 
for  the  use  of  this  State  the  sum  of  thirty  thousand  dollars;  which 
sum  shall  be  assessed,  collected  and  paid  into  the  Treasury  on  or  be- 
fore the  first  day  of  January  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  twenty  four.  And  the  Treasurer  be  and  hereby 
is  directed  seasonably  to  issue  his  warrants  to  the  selectmen  or 
assessors  of  the  several  towns,  parishes  and  districts  within  this 
State  according  to  the  last  proportion  act;  and  the  Selectmen  and 
assessors  of  the  several  towns,  parishes  and  districts  aforesaid,  are 
hereby  respectively  to  assess  the  sums  specified  in  the  Treasurer's 
warrants,  and  cause  the  same  to  be  paid  into  the  Treasury  of  this 
State  on  or  before  the  first  day  of  January  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty-four.  And  the  Treasurer 
may  issue  extents  for  all  taxes  that  may  then  remain  unpaid. 


i  66  laws  of  new  hampshire 

[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1822,  June  26. 

Resolved,  that  the  Trustees  of  New  Hampton  Academy  receive  at  the 
expense  of  this  State  One  of  Carrigain's  maps  of  the  State  of  New-Hamp- 
shire and  if  there  are  none  belonging  to  the  State,  that  they  receive  one 
of  the  Proprietor  and  author  who  shall  be  allowed  a  reasonable  compensa- 
tion therefor 

[House  Journal,  1822,  p.  285.  Senate  Journal,  1822,  p.  128.  Original 
Acts,  vol.  27,  p.  90.] 


1822,  June  26. 

Resolved,  that  the  town  of  Center-Harbor  hereafter  have  leave  to  send 
a  representative  to  the  General  Court  of  this  State,  until  such  time  as 
the  Legislature  shall  otherwise  order. 

[House  Journal,  1822,  p.  193.  Senate  Journal,  1822,  p.  126.  Original 
Acts,  vol.  27,  p.  91.] 


1822,  June  28. 

Resolved  that  the  following  sums  be  appropriated  for  the  purposes 
herein  mentioned — that  is  to  say — the  sum  of  four  hundred  and  fifty-six 
dollars  for  the  annual  allowance  to  the  several  companies  of  artillery: — 
six  hundred  dollars  for  the  purchase  of  musical  instruments — seventy 
eight  dollars  for  making  regimental  returns — one  hundred  dollars  for  the 
purchase  of  colors — one  hundred  and  fifty  dollars  for  printing  and  sta- 
tionary for  the  adjutant  general's  office — one  hundred  and  fifty  dollars 
for  contingencies  of  said  office — seven  hundred  dollars  for  the  purchase 
of  two  pieces  of  ordnance  and  apparatus  complete  for  the  7th  and  23d 
regiments,  and  one  hundred  dollars  for  the  repairs  of  gun  houses: — 
and  His  Excellency  the  Governour  is  hereby  authorized  by  warrant  on 
the  Treasury  to  draw  said  sums  therefrom,  at  such  times  as  he 
may  think  proper,  and  deliver  the  same  to  the  Adjutant-general,  who  is 
hereby  required  to  apply  the  same  to  the  purposes  above  specified,  so  far 
as  may  be  necessary,  and  render  an  account  thereof,  to  the  Legislature. 

[House  Journal,  1822,  p.  395.  Senate  Journal,  1822,  p.  161.  Original 
Acts,  vol.  27,  p.  92.] 


1822,  June  28. 

Resolved,  on  the  statement  of  facts,  reported  by  the  standing  military 
committee,  that  the  Adjutant  General  be  authorized  to  dismiss  an  action 
which  he  caused  to  be  commenced,  and  which  is  now  pending,  in  the 
Superior  Court  of  Judicature  in  the  County  of  Cheshire,  against  Eyi 
Pierce,  late  Col.  commandant  of  the  6th  Regiment  of  militia:  The  said 
Pierce  paying  all  costs  that  have  already  arisen  thereon. 

[House  Journal,  1822,  p.  398.  Senate  Journal,  1822,  p.  161.  Original 
Acts,  vol.  27,  p.  93.] 


LAWS  OF   NEW  HAMPSHIRE  1 67 

1822,  July  3. 

Resolved,  that  the  sum  of  two  hundred  and  fifty  dollars  be  and  the 
same  is  hereby  appropriated  for  the  purpose  of  promoting  the  interest 
of  agriculture  and  domestic  manufactures  in  this  State  in  the  following 
manner,  viz — to  the  board  of  agriculture  for  this  State  the  sum  of  two 
hundred  and  fifty  dollars — 

And  be  it  further  resolved,  that  it  shall  be  the  duty  of  the  board 
of  Agriculture  for  this  State  to  appropriate  the  sum  herein  granted  them 
in  the  following  manner,  to  wit — in  defraying  the  necessary  expenses  in 
procuring  and  preparing  materials  for,  and  the  publication  of,  a  pamphlet 
agreeably  to  the  provisions  of  an  act  entitled  "An  act  to  institute,  and 
provide  for  the  organization  of  a  board  of  Agriculture  for  this  State 
passed  December  19.  1820;  And  the  residue  in  such  manner  as  said  board 
may  consider  most  conducive  to  the  interests  of  agriculture  and  domestic 
manufactures  in  this  State — And  the  Treasurer  of  this  State  is  hereby 
directed  to  pay  said  sum  of  two  hundred  and  fifty  dollars  to  the  Treasurer 
of  said  board  of  Agriculture — And  it  shall  be  the  duty  of  said  board  of 
Agriculture  to  render  to  the  legislature  at  the  next  June  session  an  account 
of  the  manner  in  which  the  aforesaid  sum  or  any  part  thereof  shall  have 
been  expended. 

[House  Journal,  1822,  p.  412.  Senate  Journal,  1822,  p.  232.  Original 
Acts,  vol.  27,  p.  94.] 


1822,  July  3. 

Resolved,  that  the  Secretary  of  State  be  directed  to  forward,  as  soon 
as  may  be,  to  the  office  of  the  Secretary  at  War  at  Washington  all  the 
papers,  documents  and  vouchers  necessary  to  substantiate  the  account  of 
this  State  against  the  United  States. 

Resolved  that  his  Excellency  the  Governor  be  authorized  and  requested 
to  appoint  an  agent  on  the  part  of  this  State,  to  adjust,  during  the  next 
session,  the  claims  of  this  State  against  the  United  States,  for  which 
service  he  shall  be  paid  out  of  the  Treasury  of  this  State  a  reasonable 
compensation. 

[House  Journal,  1822,  p.  471.  Senate  Journal,  1822,  p.  222.  Original 
Acts,  vol.  27,  p.  95.] 


1822,  July  3. 

Resolved,  that  the  sum  of  one  thousand  dollars  of  any  money  in  the 
Treasury  of  this  State  be  and  the  same  is  hereby  appropriated  for  the 
purpose  of  educating  deaf  and  dumb  children  belonging  to  this  State  at 
the  Asylum  in  Hartford,  Connecticut: — which  sum  may  be  divided  and 
applied  for  the  benefit  of  such  persons  and  in  such  manner  as  his  Excel- 
lency the  Governor  shall  think  proper. — And  the  Governor  is  hereby 
authorized  by  warrant  on  the  Treasurer  to  draw  said  sum  from  the 
Treasury. 

[House  Journal,  1822,  p.  483.  Senate  Journal,  1822,  p.  208.  Original 
Acts,  vol.  27,  p.  96.] 


I  68  LAWS  OF   NEW   HAMPSHIRE 

1822,  July  4. 

Resolved,  that  Major  General  Timothy  Upham,  Brigadier  General 
Edward  J.  Lang  and  Colonel  Joshua  W.  Peirce,  be  appointed  a  committee 
to  examine  the  United  States  Cavalry  and  Artillery  discipline,  and  such 
works  in  reation  to  Cavalry  and  Artillery  discipline  as  they  think  expe- 
dient, and  recommend  a  system  of  Cavalry  discipline  for  this  State,  and 
report  the  same  to  the  Legislature  at  the  next  session — 

[House  Journal,  1822,  p.  500.  Senate  Journal,  1822,  p.  233.  Original 
Acts,  vol.  27,  p.  97.] 


LAWS   OF   NEW  HAMPSHIRE  1 69 

[THIRTY-SECOND  GENERAL  COURT.] 

[Held  at  Concord,  One  Session,  June  4,  1823,  to  July  3,  1823.] 
[OFFICERS  OF  THE  GOVERNMENT.] 

Levi  Woodbury,  Governor. 
Samuel  Sparhawk,  Secretary. 
Richard  Bartlett,  Deputy  Secretary. 
William  Pickering,  Treasurer. 
George  Sullivan,  Attorney  General. 
David  L.  Morril,  President  of  the  Senate. 
Andrew  Pierce,  Speaker  of  the  House. 

[Members  of  the  Council.] 

Hunking  Penhallow,  Portsmouth. 

Daniel  C.  Atkinson,  Sanbornton. 

Jonathan  Harvey,  Sutton. 

Elijah  Belding,  Swanzey. 

Ezra  Bartlett,  Haverhill. 

[Members  of  the  Senate.] 

Langley  Boardman.  Portsmouth. 

John  Kimball,  Exeter. 

David  L.  Morril.  Goffstown. 

Ezekiel  Morrill.  Canterbury. 

Nehemiah   Eastman,  Farmington. 

Pearson  Cogswell,  Gilmanton. 

John  Wallace,  Jr.,  Milford. 

Thomas  W.  Colby,  Hopkinton. 

John  Wood,  Keene. 

Gawen  Gilmore,  Acworth. 

James  Poole,  Hanover. 

Stephen  P.  Webster,  Haverhill. 

[Members  of  the  House.] 
rockingham  county. 


Allenstown, 
Atkinson   and    ) 
Plaistow,            \ 

Sterling  Sargent. 
John  Bassett,  Jr. 

Bow, 
Brentwood, 

John  Brown. 
Simon  Fellows. 

Candia, 
Canterbury, 

John  Lane,  Jr. 
Richard  Greenough 

170 


LAWS   OF   NEW   HAMPSHIRE 


Chester, 

Samuel  Aiken,  Jr. 

William  Graham. 

Deerfield, 

Jacob  Freese. 

John  S.  Jenness. 

East  Kingston, 

Joseph  Currier. 

Epping, 

William  Stearns. 

Epsom, 

Richard  Tripp. 

Exeter, 

Oliver  W.  B.  Peabody 

William  Smith,  Jr. 

Greenland, 

Joseph  Weeks. 

Hampstead, 

James  Knight. 

Hampton, 

Edmund  Toppan. 

Hampton  Falls, 

Jeremiah  Blake. 

Hawke  and    ( 
Sandown,       \ 

Abraham  S.  French. 

Londonderry, 

Robert  Mack. 

James  Thorn. 

Loudon, 

Samuel  French,  Jr. 

Newington, 

William  Fabyan. 

Newmarket, 

Arthur  Branscomb. 

Newton, 

Matthias  Bartlett. 

Northfield, 

James  Cofran. 

North  Hampton, 

Joshua  Pickering. 

Northwood, 

Joel  B.  Virgin. 

Nottingham, 

Henry  Butler. 

Pelham, 

James  Hobbs. 

Pembroke, 

Boswell  Stevens. 

Pittsfield, 

Ebenezer  Knowlton. 

Poplin, 

John  Scribner. 

Portsmouth, 

Andrew  W.  Bell. 

William  Claggett. 

Estwicke  Evans. 

Nathaniel  A.  Haven,  J 

John  N.  Sherburne. 

Raymond, 

Thomas  Dearborn. 

Rye, 

Amos  Seavey. 

Salem, 

John  Clindenin. 

Seabrook, 

John  Locke. 

South  Hampton, 

Joseph  Currier. 

Stratham, 

Daniel  Veasey. 

Windham, 

Jonathan  Parker. 

STRAFFORD 

COUNTY. 

Alton, 

Stephen  Davis. 

Barnstead, 

Charles  Hodgdon,  Jr. 

John  Peavy. 

LAWS   OF    NEW   HAMPSHIRE 


171 


Barrington, 

Elisha  Woodbury. 

Center  Harbor, 

Hugh  Kelsea. 

Conway, 

David  Webster. 

Dover, 

James  Bartlett. 

William  Hale. 

Andrew'  Peirce. 

Durham, 

Robert  Mathes. 

Eaton, 

Daniel  Lary. 

Farmington, 

Joseph  Hammons. 

Gilmanton, 

Charles  Parker. 

Jeremiah  Wilson. 

Lee, 

Gardner  Towle. 

Madbury, 

James  Y.  Demeritt. 

Meredith, 

John  Durkee. 

Jonathan  Pearson. 

Middleton  and  ) 
Brookfield,         \ 

Charles  Giles. 

Milton, 

Levi  Jones. 

Moultonborough, 

Benning  M.  Bean. 

New  Durham, 

Thomas  Tash,  Jr. 

New  Hampton, 

Thomas  Perkins. 

Ossipee, 

Jacob  Leighton. 

Rochester, 

David  Barker,  Jr. 

Jeremiah  H.  Woodman 

Sanbornton, 

James  Clarke. 

Noah  Eastman. 

Somersworth, 

Joseph  Doe. 

Strafford, 

Andrew  Leighton. 

Job  Otis. 

Tarn  worth, 

Ford  Whitman. 

Tuftonborough, 

John  Piper,  Jr. 

Wakefield, 

Richard  Russell. 

Wolfeborough, 

Samuel  Fox. 

HILLSBOROUGH 

COUNTY. 

Amherst, 

C.  H.  Atherton. 

Andover, 

Samuel  Brown. 

Antrim. 

Amos  Parmenter. 

Bedford, 

William  Moor. 

Boscawen, 

Ezekiel  Webster. 

Bradford, 

Samuel  Jones. 

Brookline, 

George  Daniels. 

Deering, 

Russell  Tubbs. 

Dunbarton, 

John  Gould. 

Dunstable, 

Jesse  Bowers. 

Fishersfield, 

Elijah  Peasley. 

172 


LAWS   OF   NEW  HAMPSHIRE 


Francestown, 

Goffstown, 

Greenfield, 

Hancock, 

Henniker, 

Hillsborough, 

Hollis, 

Hopkinton, 

Hooksett, 

Litchfield, 

Lyndeborough, 

Manchester, 

Merrimack, 

Milford, 

Mont  Vernon, 

New  Boston, 

New  Ipswich, 

New  London, 

Nottingham  West, 

Peterborough, 

Salisbury, 

Sharon, 

Society  Land, 

Sutton, 

Temple, 

Warner, 

Weare, 

Wilmot, 
Wilton, 


Titus  Brown. 
John  Pattee. 
William  Whittemore. 
Andrew  Wallace. 
Artemas  Rogers. 
Andrew  Sargent. 
Ralph  W.  Jewett. 
Abram  Brown. 
Charles  Chase. 
Richard  H.  Ayer. 
Jonathan  Abbott. 
Nehemiah  Boutwell. 
Frederick  G.  Stark. 
Aaron  Gage,  Jr. 
William  Crosby. 
John  Bruce. 
Joseph  Cochran,  Jr. 
Stephen  Wheeler. 
Josiah  Brown. 
Caleb  S.  Ford. 
Jonathan  Smith. 
Jabez  Smith. 
Jonathan  Farnsworth. 
Joseph  Chapman,  Jr. 
Benjamin  Wadleigh. 
Jesse  Spofford. 
Henry  B.  Chase. 
Benjamin  Evans. 
Josiah  Danforth. 
James  Wallace. 
Eliphalet  Gay. 
Samuel  Abbott. 


CHESHIRE  COUNTY. 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitzwilliam, 

Grantham, 

Hinsdale, 


James  M.  Warner. 
Azel  Hatch. 
Henry  Hubbard. 
Eben  Stearns. 
Rufus   Handerson. 
John  Smith. 
Eleazer  Jackson,  Jr. 
Abijah  Powers. 
Joseph  Appleton. 
Levi  Chamberlain. 
Charles  Gleason. 
Obed  Slate. 


LAWS  OF   NEW  HAMPSHIRE 


173 


Jaffrey, 

Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 

Nelson, 

Newport, 

Plainfield, 

Richmond, 

Rindge, 

Roxbury, 

Springfield, 

Stoddard, 

Sullivan, 

Surry  and  j 

Gilsum,       ) 

Swanzey, 

Troy, 

Unity, 

Walpole, 

Washington, 

Wendell  and  ) 

Goshen,  \ 

Westmoreland, 

Winchester, 


Oliver  Prescott. 
Salma  Hale. 
Samuel  Edgerton. 
John  Way. 
Levi  Gates. 
Isaac  Baker. 
Nathan  Taft. 
David  Allen. 
Robert  Kimball. 
Joseph  Weeks. 
Samuel  L.  Wilder. 
Samuel  Griffith. 
John  Stocker. 
Francis  Matson. 
Josiah  Seward. 

John  Hammond. 

James  Underwood. 
D.  Wr.  Farrar. 
Nathan  Glidden. 
Josiah  Bellows,  3d. 
Joseph  Healy. 

John  Currier. 

Simeon  Cobb,  2d. 
Elijah  Alexander. 


GRAFTON  COUNTY. 


Alexandria  and  } 

Danbury,  \ 

Bath, 

Bethlehem, 

Bridgewater, 

Bristol, 

Campton, 

Canaan, 

Concord  (Lisbon), 

Dorchester, 

Enfield, 

Grafton, 

Groton  and  ) 

Hebron,        ( 

Hanover, 

Haverhill, 
Holderness, 


Stephen  Gale. 

Abram  Thomas. 
Paul  S.  Buswell. 
Joseph  Prescott. 
Moses  H.  Bradley. 
Moses  Baker. 
John  H.  Harris. 
Simon  Oakes. 
Caleb  Blodgett. 
John  Jones. 
Daniel  Bartlett. 

Isaac  Crosby. 

James  F.  Dana. 
Elijah  Miller. 
I.  L.  Corliss. 
Walter  Blair. 


174 


LAWS   OF    NEW   HAMPSHIRE 


Landaff, 

Joseph  Atwood. 

Lebanon, 

David  Hough. 

Lincoln, 

David  Aldrich,  2d. 

Littleton, 

Nathaniel  Rix,  Jr. 

Lyman, 

Caleb  Emery. 

Lyme, 

Nathaniel  Lambert. 

New  Chester, 

Luther  K.  Madison. 

Orford, 

John  Rogers. 

Peeling, 

Stephen  Avery. 

Piermont, 

Joseph  Sawyer. 

Plymouth, 

Moor  Russell. 

Rumney, 

Jonathan  Blodgett,  Jr 

Thornton, 

Enoch  Colby,  Jr. 

Warren, 

Amos  Tarleton. 

Wentworth, 

Caleb  Keith. 

coos 

COUNTY. 

Adams, 

Stephen  Meserve. 

Chatham, 

Uriah  B.  Russell. 

Columbia,          ] 

Colebrook  and  } 

Lewis  Loomis. 

Stewarts  town,    J 

Jefferson,                   ] 

Durand, 

Shelburne, 

Shelburne  Addition,  ]■ 

Frederick  Ingalls. 

Bretton  Woods  and  | 

Nash  and  Sawyer's 

Location,                J 

Lancaster, 

John  Wilson. 

Northumberland, 

Seth  Eames. 

LAWS   OF   NEW  HAMPSHIRE  175 

[First  Session,  Held  at  Concord,  June  4,  5,  6,  7,  9,  10,  11,  12, 

13,  14,  16,  17,  18,  19,  20,  21,  23,  24,  25,  26,  27,  28,  30,  July  1,  2, 
3,  1823.] 


[CHAPTER  1.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  to  incorporate  Isaac  Wendell  and  others  by  the 
name  of  the  Great  Falls  Manufacturing  Company. — 

[Approved  June  11,  1823.  Original  Acts,  vol.  27,  p.  98;  recorded  Acts, 
vol.  22,  p.  277.  See  additional  acts  of  June  21,  1826,  and  June  13,  1828,  post; 
July  10,  1846,  Session  Laws,  1846,  Chap.  447,  and  July  8,  1862,  id.,  1862,  Chap. 
2679.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Isaac  Wendell.  Joseph 
Smith,  Jesse  Varney,  Moses  Hodgdon,  Asa  Freeman,  John  Wheeler, 
Jacob  Wendell,  Abraham  Wendell  and  their  associates  and  suc- 
cessors be  and  they  hereby  are  incorporated  and  made  a  body 
politic  forever,  by  the  name  of  the  Great  Falls  Manufacturing  Com- 
pany, and  in  that  name  may  sue  and  be  sued,  prosecute  and  be  pros- 
ecuted, defend  and  be  defended  to  final  judgment  and  execution, 
and  shall  be  and  hereby  are  vested  with  all  the  privileges  and 
powers  which  by  law  are  incident  to  corporations  of  a  similar  na- 
ture, and  also  may  have  and  use  a  common  seal,  which  they  may 
break,  alter  or  renew  at  pleasure. 

Section  2.  And  be  it  further  enacted,  that  said  corporation  be, 
and  the  same  is  hereby  empowered,  to  carry  on  the  manufacture 
of  cotton  and  woollen  goods  and  such  other  branches  of  trade  and 
manufacture  as  shall  be  necessarily  or  conveniently  connected  there- 
with at  Somersworth,  and  may  erect  such  mills,  dams,  works, 
machines  and  buildings  as  may  be  necessary  for  carrying  on  these 
useful  manufactures  and  branches  of  business. — 

Section  3.  And  be  it  further  enacted,  that  the  said  corporation  be 
and  the  same  is  hereby  authorized  to  acquire  by  purchase  or  other- 
wise, and  to  hold  and  enjoy  such  real  or  personal  estate  as  may  be 
necessary  and  useful  in  conducting  the  business  of  said  Factory,  the 
same  to  sell,  convey  and  dispose  of  at  pleasure:  Provided,  the  Estate 
held  by  the  said  corporation  shall  not  at  any  time  exceed  five  hun- 
dred thousand  dollars;  and  the  said  capital  or  joint  stock  may  be 
divided  into  as  many  shares  as  the  proprietors  at  a  legal  meeting 
shall  agree  and  decide;  And  in  like  manner  the  said  proprietors  may 
agree  on  the  manner  of  transferring  them,  and  may  elect  an  agent 
or  agents  and  such  other  officers  and  servants  as  may  be  deemed 
necessary,  and  prescribe  their  respective  duties;  may  order  assess- 


176  LAWS   OF   NEW  HAMPSHIRE 

ments  and  fix  the  time  of  their  payment;  may  limit  the  amount, 
which  said  assessments  shall  not  exceed,  without  the  consent  of  all 
the  proprietors;  may  pass  by-laws  for  their  regulation  and  govern- 
ment; and  may  do  and  trans-act  any  other  business  in  relation  to 
the  concerns  and  for  the  benefit  of  said  corporation;  all  elections 
and  all  other  questions,  if  required,  shall  be  determined  by  a  major- 
ity of  votes  present  or  represented  at  any  meeting,  accounting  and 
allowing  one  vote  to  each  share  in  all  cases;  and  all  representa- 
tions shall  be  in  writing,  signed  by  the  person  represented  and  filed 
with  the  Clerk 

Section  4.  And  be  it  further  enacted,  that  the  shares  in  said  cor- 
porations shall  be  liable  and  holden  for  all  assessments  legally  made 
thereon,  and  upon  the  non-payment  of  such  assessments  or  any  part 
thereof,  for  the  space  of  thirty  days  after  the  same  shall  have  be- 
come due  and  payable,  the  Treasurer  may  proceed  in  the  manner 
prescribed  in  the  by-laws  of  said  corporation  to  advertise  and  sell  at 
public  auction  such  delinquent  shares  or  so  many  of  them  as  may 
become  necessary  to  pay  the  sums  due  thereon,  with  incidental 
charges. — 

Section  5.  And  be  it  further  enacted,  that  the  said  Isaac  Wen- 
dell and  Joseph  Smith  or  either  of  them  may  call  the  first  meeting 
of  said  company  to  be  holden  at  any  suitable  time  and  place  by  pub- 
lishing a  notice  thereof  in  some  Newspaper  printed  in  Dover  three 
weeks  successively  before  said  meeting. 

[CHAPTER  2.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  Daniel  M  Durell  and  others  by  the 

NAME   OF    THE  NEW    MARKET   MANUFACTURING   COMPANY. 

[Approved  June  12,  182;?.  Original  Acts.  vol.  27.  p.  99;  recorded  Acts, 
vol.  22,  p.  280.     See  also  act  of  July  7,  1881,  Session  Laws,  1881,  Chap.  172.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  Daniel  M  Durell, 
Stephen  Hanson,  Theodore  Chase.  Philio  Chase,  Abiiah  Chase, 
William  Silsbee,  Nathaniel  Silsbee,  Robert  Stone,  William  E. 
Harker,  Pickering  Dodge,  Oliver  Hubbard,  Isaiah  Harker,  and  Jere- 
miah Brown  and  their  associates  and  successors  be,  and  they  hereby 
are,  incorporated  and  made  a  body  politic  forever  bv  the  name  of 
the  Newmarket  Manufacturing  Company  and  bv  that  name  may 
sue  and  be  sued,  prosecute  and  be  prosecuted,  defend  and  be  de- 
fended to  final  judgment  and  execution  and  shall  be,  and  hereby 
are,  vested  with  all  the  powers  and  privileges,  which  by  law  are 


LAWS  OF   NEW   HAMPSHIRE  177 

incident  to  corporations  of  a  similar  nature,  and  may  have  and  use 
a  common  seal,  which  they  may  break,  alter,  and  renew  at  pleasure. 
Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
shall  have  power  and  is  hereby  authorized  to  carry  on  the  making 
and  fabricating  of  cotton  goods  and  such  other  manufactures  as  they 
may  from  time  to  time  think  fit  in  Newmarket  and  may  carry  on 
such  branches  of  trade  and  business  as  may  be  necessarily  and  con- 
veniently connected  therewith,  and  may  erect  such  mills,  dams, 
buildings,  machines  and  other  works  as  may  be  necessary  for  carry- 
ing on  said  manufactures  and  business. 

Section  3.  And  be  it  further  enacted,  that  the  said  corporation 
be  and  the  same  hereby  is  authorized  to  acquire  by  purchase  or 
otherwise  and  to  hold  and  enjoy  all  such  real  and  personal  estate 
as  may  be  necessary  and  convenient  for  establishing  and  carrying 
on  said  factories  and  the  business  therewith  connected  and  the  same 
may  sell  and  dispose  of  at  pleasure,  provided  such  estate  shall  not 
exceed  in  value  the  sum  of  six  hundred  thousand  dollars. 

Section  4.  And  be  it  further  enacted,  that  the  capital  or  joint 
stock  of  said  corporation  may  be  divided  into  as  many  shares  as  the 
proprietors  at  a  legal  meeting  may  think  fit  and  shall  be  numbered 
in  progressive  order  beginning  at  number  one;  and  each  proprietor 
shall  have  a  certificate  under  the  hand  of  the  treasurer  and  seal  of 
said  corporation  expressing  his  number  of  shares,  the  progressive 
number  of  each,  and  certifying  that  he  is  the  owner  thereof,  which 
share  or  shares  may  be  alienated  by  the  proprietor  thereof,  his  ex- 
ecutors or  administrators  in  such  manner  as  said  corporation  may 
prescribe. — 

Section  5 — And  be  it  further  enacted,  that  the  shares  in  said  cor- 
poration shall  be  liable  and  holden  for  all  assessments  legally  made 
thereon  and  upon  the  nonpayment  of  such  assessments  or  any  part 
thereof  for  the  space  of  thirty  days  after  the  same  shall  have  become 
due  and  payable,  the  treasurer  may  proceed  in  the  manner  pre- 
scribed in  the  by-laws  of  said  corporation  to  advertise  and  sell  at 
public  auction  such  delinquent's  shares  or  so  many  of  them  as  may 
be  necessary  to  pay  the  sums  due  thereon  with  incidental  charges- 
Section  6.  And  be  it  further  enacted,  that  Daniel  M  Durell  and 
Stephen  Hanson  or  either  of  them  may  call  the  first  meeting  of  said 
corporation  to  be  holden  at  any  suitable  time  and  place  by  adver- 
tising the  same  in  some  Newspaper  printed  in  Dover  or  Ports- 
mouth two  weeks  previous  to  said  meeting  and  the  members  of  said 
corporation  at  that  or  any  legal  meeting  by  a  vote  of  the  majority 
of  those  present  and  represented  allowing  one  vote  in  all  cases  to 
each  share  represented  may  choose  all  such  officers  and  servants 
as  may  be  deemed  necessary  and  prescribe  their  respective  duties, 
may  order  assessments  and  fix  the  time  of  their  payment,  may  pass 
bylaws  for  their  due  regulation  and  government,  prescribe  rules 
12 


I78  LAWS   OF   NEW  HAMPSHIRE 

for  the  transfer  of  their  stock,  agree  on  the  manner  of  calling  future 
meetings  and,  until  such  method  shall  be  agreed  on,  any  future  meet- 
ing of  said  corporation  may  be  called  by  any  two  or  more  members 
thereof  in  the  same  way  and  manner  as  is  herein  prescribed  for 
calling  their  first  meeting  and  may  do  and  transact  such  other  busi- 
ness in  relation  to  the  concerns  of  said  corporation  as  they  may  see 
fit— 


[CHAPTER  3.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
New  Hampshire  Historical  Society. 

[Approved  June  13,  1823.  Original  Acts,  vol.  27,  p.  126;  recorded  Acts, 
vol.  22,  p.  283.] 

Whereas  the  persons  hereinafter  named  have  associated  for  the 
laudable  purpose  of  collecting  and  preserving  such  books  and  papers 
as  may  illustrate  the  early  history  of  the  State;  and  of  acquiring 
and  communicating  a  knowledge  of  the  natural  history  the  botan- 
ical and  mineralogical  productions  of  the  State;  as  well  as  for  the 
general  advancement  of  science  and  literature;  and  whereas  the 
object  of  their  association  is  of  public  utility  and  deserves  public 
encouragement;  Therefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Ichabod  Bartlett,  William 
Plumer  Jr.,  Bennet  Tyler,  Jeremiah  Smith,  Jeremiah  Mason,  Rich- 
ard Bartlett,  James  Bartlett,  Jacob  B.  Moor,  Andrew  Pierce, 
William  Smith  Jr.  and  Nathaniel  A.  Haven  Jr.  with  their  associates, 
and  such  other  persons  as  shall  from  time  to  time  be  admitted  mem- 
bers of  said  association,  according  to  such  by-laws  as  the  members 
of  said  association  may  establish,  be  and  they  hereby  are  created 
a  body  politic  and  corporate,  and  shall  forever  hereafter  continue  a 
body  politic  and  corporate  by  the  name  of  the  New  Hampshire 
Historical  Society,  and  for  the  purposes  aforesaid;  and  with  all  the 
powers,  privileges  and  liabilities  incident  to  corporations  of  this 
nature. 

Sec.  2.  And  be  it  further  enacted,  that  the  said  corporation  may 
receive  and  take  by  gift,  grant,  devise  or  otherwise  and  hold,  possess 
and  enjoy  exclusive  of  the  building  or  buildings  which  may  be  ac- 
tually occupied  and  used  for  the  safe  keeping  of  their  books,  papers 
and  records  and  of  their  cabinets  of  natural  history  and  mineralogy, 
and  exclusive  of  their  books,  papers  and  cabinets  aforesaid  real  and 
personal  estate,  the  yearly  value  of  which  shall  not  exceed  three 


LAWS   OF   NEW  HAMPSHIRE  179 

thousand  dollars;  provided  always,  that  the  estate  aforesaid  be 
appropriated  for  the  purposes  aforesaid. 

Sec.  3.  And  be  it  further  enacted,  that  the  said  corporation 
shall  have  full  power  and  authority  to  determine  at  what  place 
their  library  and  cabinets  shall  be  established;  at  what  times  and 
places  their  meetings  shall  be  holden;  and  in  what  manner  the 
members  shall  be  notified  of  such  meetings;  to  elect  from  among  the 
members  of  said  corporation  such  officers,  with  such  powers  and 
duties  as  they  shall  judge  expedient;  and  also  to  ordain  and  enact 
any  by-laws  for  the  government  of  said  corporation,  provided  the 
same  be  not  repugnant  to  the  constitution  and  laws  of  this  State 

Sec  4.  And  be  it  further  enacted,  that  the  said  Ichabod  Bartlett, 
William  Smith  Jr  and  Nathaniel  A  Haven  Jr.-  or  any  two  of  them, 
shall  have  power  to  call  the  first  meeting  of  said  corporation  at  such 
time  and  place,  and  may  notify  the  members  of  said  association  in 
such  manner,  as  they  may  deem  expedient. — 


[CHAPTER  4.] 

State  of  I 

New  Hampshire.  \ 

An  act  in  addition  to,  and  in  amendment  of,  an  act  passed 
June  io.  1791  entitled  an  act  regulating  the  office  of  Cor- 
oner.— 

[Approved  June  13,  1823.  Original  Acts,  vol.  27,  p.  100;  recorded  Acts, 
vol.  22,  p.  286.  Session  Laws,  1823,  Chap.  4.  Laws,  1824  ed.,  p.  189.  The 
act  referred  to  is  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  747.  See 
acts  of  June  19,  1817,  id.,  vol.  8,  p.  608;  June  20,  1827,  and  June  28,  1827, 
post.     Repealed  by  act  of  July  3,  1829,  Laws,  1830  ed.,  p.  541.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  from  and  after  the  passing 
of  this  act,  no  Coroner  shall  take  inquests  of  the  violent  deaths 
committed,  or  casual  deaths  happening  within  the  County  for  which 
he  is  commissioned,  without  the  consent  in  writing  first  had  of  the 
Selectmen  or  a  major  part  of  them,  of  the  town  in  which  the  dead 
body  of  the  person  supposed  to  have  come  to  his  or  her  death  by 
violence  or  casualty,  shall  be  found. 

Sec.  2.  And  be  it  further  enacted,  that  when  any  inquest  shall 
be  taken  by  the  Coroner,  instead  of  summoning  for  that  purpose 
eighteen  Jurors,  he  shall  convene  by  summons  or  other  notice, 
three  reputable  freeholders,  one  of  whom  shall  be  a  Justice  of  the 
Peace,  who  shall  be  sworn,  as  inquirers  into  the  cause  and  circum- 
stances of  the  death,  who  shall  take  the  oath  and  discharge  the 
duties  required  of  the  Jury  by  the  act  to  which  this  is  an  addition. 


l8o  LAWS  OF   NEW   HAMPSHIRE 

And  in  making  any  return  of  an  inquest  hereafter  taken,  the  forms 
prescribed  in  said  act  shall  be  so  far  altered  as  to  correspond  with 
the  amendment  hereby  introduced;  and  all  parts  of  the  act  to 
which  this  is  in  addition,  which  are  inconsistent  with  the  provisions 
of  this  act,  be  and  hereby  are  repealed. 


[CHAPTER  5.] 


State  of  I 

New  Hampshire.  \ 


An  Act,  to  authorize  the  town  of  Portsmouth  to  elect  a 
Representative  to  the  General  Court. — 

[Approved  June  14,  1823.  Original  Acts,  vol.  27,  p.  101;  recorded  Acts, 
vol.  22,  p.  288.] 

Whereas  it  appears  that  William  Claggett  esquire,  one  of  the 
Representatives  returned  from  the  town  of  Portsmouth,  was  not 
constitutionally  qualified,  in  consequence  of  his  holding  an  office 
under  the  United  States;  And  whereas  the  seat  of  said  Claggett  as 
a  member  from  said  Portsmouth  has  been  vacated,  Therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  Selectmen  of  Portsmouth  be  and 
hereby  are  authorized  to  call  a  special  town  meeting  for  the  pur- 
pose of  choosing  a  Representative  to  the  General  Court  for  the  res- 
idue of  the  current  year,  giving  notice  of  the  time  and  place  of 
holding  the  meeting  to  the  legal  voters  of  said  town,  by  posting  up 
a  notice  in  writing,  in  the  usual  manner  practised  in  said  town,  and 
also  by  the  publication  thereof  in  the  New  Hampshire  Gazette  two 
days  at  least  before  the  meeting;  said  meeting  to  be  holden  in  said 
town,  any  time  before  the  twenty  fifth  day  of  June  present. 


[CHAPTER  6.] 

State  of  ) 

New  Hampshire.  ( 

An  Act  to  establish  a  corporation  by  the  name  of  the  Union 
Manufacturing  Company. 

[Approved  June  17,  1823.  Orieinal  Acts,  vol.  27,  p.  102;  recorded  Acte. 
vol.  22,  p.  289.     See  act  of  September  14,  1883,  Session  Laws,  1883-87,  p.  195.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  H.  Steele,  and 
=uch  as  are,  or  may  be  hereafter  associated  with  him,  and  their  sue- 


LAWS  OF   NEW  HAMPSHIRE  l8l 

cessors,  be,  and  they  are  hereby  incorporated  by  the  name  of  the 
Union  Manufacturing  Company;  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  defend  to  final  judgment  and  execution;  and 
be  known  and  distinguished  in  their  acts  and  proceedings,  and  in  all 
cases  whatever;  and  shall  be  and  hereby  are  vested  with  all  the 
powers  and  privileges,  which  by  law  are  incident  to  corporations  of 
a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Corporation 
shall  be,  and  hereby  is  authorized  to  carry  on  the  manufacture  of 
Cotton,  Wool.  Flax,  or  any  other  lawful  manufacture  at  Peterbor- 
ough in  the  county  of  Hillsborough;  and  may  erect  dams,  mills, 
works  and  buildings  necessary  and  convenient  for  conducting  said 
manufactures. 

Sec.  3.  And  be  it  further  enacted.  That  said  Corporation  is 
hereby  authorized  to  acquire  by  purchase,  or  otherwise,  and  to  hold 
and  enjoy  such  real  and  personal  estate  as  may  be  necessary  or  use- 
ful in  conducting  the  business  of  said  Factory  to  the  best  advantage, 
and  the  same  to  sell,  convey  and  dispose  of  at  pleasure,  provided  the 
estate  held  by  said  Corporation  shall  not  at  any  time  exceed  one 
hundred  thousand  dollars. 

Sec.  4.  And  be  it  further  enacted.  That  the  said  John  H.  Steele 
may  call  the  first  meeting  of  the  members  of  said  Corporation  by 
giving  ten  days  personal  notice,  or  by  advertisement  in  some  news- 
paper printed  in  the  county  of  Hillsborough,  giving  at  least  twenty 
days'  notice  of  the  time,  place  and  design  of  such  meeting;  at  which 
meeting  they  shall  choose  a  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  the  duties  of  his  office,  and  whose  duty  it  shall  be 
to  record  the  proceedings  of  said  Corporation,  and  perform  such 
other  services  as  may  be  lawfully  required  of  him;  and  at  the  same 
or  any  subsequent  meeting  duly  notified,  may  elect  a  Treasurer  and 
such  other  officers  as  may  be  thought  necessary,  and  prescribe  their 
duties;  may  agree  on  the  manner  of  calling  future  meetings;  may 
divide  their  capital  or  joint  stock  into  any  number  of  shares,  not 
exceeding  one  hundred,  and  agree  on  the  manner  of  transferring 
them;  may  order  assessments,  and  fix  the  time  in  which  they  shall 
be  paid;  pass  by-laws  for  their  own  regulation  and  government,  and 
do  and  transact  any  business  in  relation  to  the  concerns  and  for  the 
benefit  of  said  Corporation.  All  elections,  if  required,  shall  be  de- 
termined by  a  maiority  of  votes  present  or  represented,  accounting 
one  vote  to  each  share  in  all  cases.  All  representations  shall  be  in 
writing  signed  by  the  person  represented  and  filed  with  the  clerk. 

Sec.  5.  And  be  it  further  enacted.  That  the  shares  in  said  Cor- 
poration shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments legally  made  thereon,  and  upon  the  nonpayment  of  such  as- 
sessments, or  any  part  thereof  for  the  space  of  thirty  days  after  the 
same  shall  have  become  due  and  payable,  the  Treasurer  shall  have 
power  to  advertise  and  sell  such  delinquent's  share  or  shares,  or  as 


I  82  LAWS  OF   NEW  HAMPSHIRE 

many  of  them  as  may  be  necessary  to  pay  the  sums  due  thereon, 
with  incidental  charges,  after  having  given  due  and  timely  notice  of 
the  place,  day  and  hour  of  sale. 


[CHAPTER  7.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Walpole  Library  Association. 

[Approved  June  17,  1823.  Original  Acts,  vol.  27,  p.  103;  recorded  Acts, 
vol.  22,  p.  292.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  William  G.  Field,  Henry 
Foster,  Isaac  Reddington,  Ebenezer  Morse  and  Frederick  Vose  and 
their  associates  and  successors  be  and  they  hereby  are  incorporated 
and  made  a  body  politick  and  corporate  by  the  name  of  the  Wal- 
pole Library  Association  for  the  purposes  of  purchasing  and  holding 
a  library  and  making  all  necessary  rules  and  by  laws  for  regulating 
and  managing  the  concerns  of  the  same  with  power  to  hold  property 
to  an  amount  not  exceeding  two  thousand  dollars  and  with  all  other 
powers,  privileges  and  immunities  incident  to  corporations  of  a  sim- 
ilar nature. 

Sec.  2.  And  be  it  further  enacted  that  William  G.  Field,  Eben- 
ezer Morse  and  Frederick  Vose  or  either  two  of  them  shall  have 
power  to  call  the  first  meeting  at  such  time  and  place  as  they  shall 
appoint. 

[CHAPTER  8.] 

State  of  } 

New  Hampshire.  ( 

An  Act  to  enlarge  the  capital  of  the  Dover  Cotton-Factory, 
and  to  alter  the  name  thereof. 

[Approved  June  18,  1823.  Original  Acts,  vol.  27,  p.  104;  recorded  Acts, 
vol.  22,  p.  294.  See  act  of  incorporation  dated  December  15,  1812,  Laws  of 
New  Hampshire,  vol.  8,  p.  168.  See  also  acts  of  June  21,  1820,  id.,  p.  901; 
December  22,  1820,  id.,  p.  994;  June  21,  1821,  ante,  p.  11,  and  June  20,  1826, 
post.'] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  and  may  be 
lawful  for  the  proprietors  or  stockholders  in  the  Corporation  created 
by  sundry  acts  of  the  State  of  New-Hampshire,  and  now  existing  at 


LAWS  OF   NEW   HAMPSHIRE  1 83 

Dover,  in  the  county  of  Strafford,  in  said  State,  and.  known  and 
called  by  the  name  of  the  Dover  Cotton  Factory,  to  enlarge  and 
extend  the  capital  stock  of  the  said  Corporation  to  the  amount  of 
one  million  of  dollars,  at  such  time  or  times,  and  in  such  manner, 
as  the  said  proprietors  or  stockholders,  according  to  the  rules  and 
regulations  of  the  said  Corporation,  may  deem  proper  and  expe- 
dient. And  the  said  Corporation  is  in  consequence  hereby  author- 
ized to  acquire  by  purchase,  or  otherwise,  and  to  hold,  enjoy  and 
use  such  real  and  personal  estate  and  property,  to  the  aforesaid 
amount  of  one  million  dollars,  as  may  be  necessary  and  useful  in 
conducting  the  business  or  concerns  of  the  said  Corporation,  on  its 
present,  or  more  enlarged  plan,  and  the  same  to  sell,  convey  and 
dispose  of  at  pleasure. 

Sect.  2.  And  be  it  further  enacted,  That  from  and  after  the 
passing  of  this  act,  the  said  Corporation  shall  be  called  and  known 
in  all  future  time  by  the  name  and  title  of  the  Dover  Manufacturing 
Company,  instead  of  the  Dover  Cotton  Factory;  Provided  how- 
ever, that  the  change  of  name  shall  not  have  any  effect  to  impair, 
delay  or  invalidate  any  rights,  suit,  claim,  or  demand  of  any 
person  or  persons  against  the  said  Corporation  now  existing, 
or  which  may  hereafter  exist  for  any  matter  or  thing  in  rela- 
tion to  the  said  Corporation  while  existing  under  the  name 
or  title  of  the  Dover  Cotton  Factory;  but  all  such  rights,  suits, 
claims  and  demands,  are  hereby  expressly  reserved,  and  rendered 
equally  valid  as  if  said  change  of  name  or  title  had  not  been  made. 
And  provided  also,  that  the  said  Corporation  with  the  enlargement 
of  the  capital  hereby  authorized,  shall  have,  retain,  possess,  use  and 
enjoy,  all  the  powers,  rights,  uses,  estates,  property,  privileges  and 
immunities,  in  the  same  and  in  an  equal  degree,  as  now  and  here- 
tofore enjoyed  and  possessed  by  the  said  Corporation,  and  be  sub- 
ject to  all  its  liabilities. 


[CHAPTER  9.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  an  academy  by  the  name  of  "the 
Adams  female  Academy" 

[Approved  June  18,  1823.  Original  Acts.  vol.  27,  p.  105;  recorded  Acts, 
vol.  22,  p.  296.     See  also  act  of  June  12,  1828,  post.] 

Whereas  Jacob  Adams  late  of  Londonderry  in  the  County  of 
Rockingham  in  said  State  of  New-Hampshire  deceased  in  and  by 
his  last  will  and  testament  hath  made  the  following  devise  and 
bequest  towit — 


1 84  LAWS   OF    NEW   HAMPSHIRE 

Whereas  L  have  determined  to  establish  a  female  Academy  in  said 
Londonderry  for  the  education  of  females  and  whereas  it  becomes 
necessary  to  nominate  and  appoint  trustees  for  the  same  who  can 
more  fully  carry  into  execution  my  design  in  establishing  said  fe- 
male Academy  which  I  wish  to  be  called  and  known  by  the  name 
of  the  Adams  female  Academy:  Therefore  I  hereby  nominate  and 
appoint.  James  Thorn  George  Farrar,  Alanson  Tucker,  Edward  L. 
Parker  and  Daniel  Dana  all  of  said  Londonderry  and  John  Bell 
and  Samuel  D.  Bell  of  Chester  trustees  of  the  same  Academy  the 
number  of  the  Trustees  of  said  Academy  never  to  exceed  seven  and 
in  case  either  or  any  of  said  Trustees  refuse  to  accept  the  trust  or 
should  cease  to  be  trustees  by  death  resignation  or  otherwise  I 
hereby  authorise  and  empower  a  majority  of  the  remainder  to 
appoint  one  or  more  persons  to  fill  such  vacancy  or  vacancies  and 
the  person  or  persons  thus  appointed  and  chosen  shall  have  equal 
powers  with  those  above  appointed  and  whereas  it  will  be  more 
easily  managing  said  Academy  by  having  an  act  of  Incorporation 
and  the  same  may  become  more  useful  and  permanent,  it  is  my  wish 
that  the  above  named  Trustees  should  as  soon  as  convenient  pro- 
cure from  the  Legislature  of  New  Hampshire  an  act  of  Incorpora- 
tion incorporating  themselves  into  a  body  politick  and  corporate  by 
the  name  of  the  trustees  of  the  Adams  female  Academy,  and  I 
hereby  authorise  and  empower  said  Trustees  to  make  such  bye  laws 
and  regulations  as  they  may  think  best  for  the  regulation  of  said 
Academy  and  after  an  Act  of  Incorporation  shall  be  procured  as 
above  desired  that  said  Trustees  may  in  every  respect  manage  & 
regulate  said  Academy  as  they  could  do  were  they  now  incorporated 
with  the  usual  powers  given  to  such  incorporation  and  my  will  is 
and  I  hereby  order  and  direct  authorise  and  empower  my  executor 
hereafter  named  to  sell  and  convey  to  the  best  advantage  he  can  all 
my  real  estate  wherever  the  same  may  be  situated  and  convert  all 
my  real  and  personal  estate  and  hereditaments  into  cash  within 
three  years  after  my  decease  if  he  can  or  sooner  if  he  think  advisable 
and  out  of  the  proceeds  or  avails  of  my  said  estate  I  order  and 
direct  my  said  executor  to  pay  my  just  debts  and  funeral  charges 
and  the  specific  legacies  above  named  and  all  the  rest  residue  and 
remainder  of  avails,  or  proceeds  of  my  said  estate,  I  give  and 
bequeath  to  the  trustees  above  named  and  appointed  in  trust  and 
for  the  following  uses  and  purposes  that  is  to  say  for  the  purpose 
of  making  and  establishing  a  permanent  fund  for  said  female  Acad- 
emy and  that  said  Trustees  shall  not  applv  or  appropriate  any  more 
than  the  income  or  interest  of  said  fund  for  the  support  mainte- 
nance and  benefit  of  said  institution  and  in  case  in  anv  year  there 
should  be  any  part  of  the  interest  or  income  of  said  fund  not  ex- 
pended as  aforesaid  that  is  for  the  support  maintenance  and  benefit 
of  said  Academv  then  the  same  surplus  shall  be  added  to  and  be- 
come a  part  of  the  principal  and  managed  accordingly  and  when  an 


LAWS   OF   NEW  HAMPSHIRE  I §5 

act  of  incorporation  shall  be  obtained  as  above  requested  my  will 
is  that  said  trustees  shall  make  over  to  said  incorporation  the  said 
fund  above  given  to  them  in  trust  as  aforesaid  and  that  said  cor- 
poration shall  manage  the  fund  for  the  same  uses  and  purposes  as 
said  trustees  were  directed  to  manage  the  same  I  further  order  and 
direct  that  said  Academy  shall  be  located  and  forever  established 
within  one  hundred  rods  of  the  place  where  the  meeting  house  in 
the  said  First  Parish  in  Londonderry  now  is  placed:  and  I  further 
order  that  said  Academy  shall  be  commenced  within  two  years  after 
my  decease  and  that  said  trustees  shall  have  the  liberty  occasionally 
to  suspend  the  keeping  the  same  when  they  may  think  best  but 
never  for  more  than  one  year  at  a  time. — 

therefore  in  order  to  carry  into  complete  effect  the  benevolent 
intentions  of  said  Jacob  Adams — 

Section,  i.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives in  General  Court  convened  that  there  be  and  hereby  is 
established  in  said  Londonderry  within  one  hundred  rods  of  the 
place  where  the  meeting  house  in  the  first  parish  in  Londonderry 
now  is  placed  a  female  academy  by  the  name  of  the  Adams  female 
Academy  agreeably  to  the  provisions  in  said  will — 

Section.  2.  And  be  it  farther  enacted  that  James  Thorn  Esquire, 
Doctor  George  Farrar,  Alanson  Tucker  Esquire  the  Revd  Edward 
L.  Parker  and  the  Revd  Daniel  Dana  all  of  said  Londonderry  and 
the  Hon.  John  Bell  and  Samuel  D.  Bell  Esquire  of  Chester  in  said 
County  of  Rockingham  be  and  they  hereby  are  nominated  ap- 
pointed and  confirmed  the  trustees  of  said  Academy  and  they  hereby 
are  incorporated  into  a  body  politick  &  corporate  by  the  name  of 
the  trustees  of  the  Adams  female  Academy  and  that  they  and  their 
successors  shall  be  and  continue  a  body  politick  and  corporate  by 
the  same  name  forever — 

Section.  3.  And  be  it  farther  enacted  that  the  said  Trustees  and 
their  successors  shall  have  one  common  seal  which  they  may  make 
use  of  in  any  cause  or  business  that  relates  to  the  said  Office  of 
trustees  of  said  Academy  and  they  shall  have  power  and  authority 
to  break,  change  or  renew  the  said  seal  from  time  to  time  as  they 
shall  see  fit  and  that  they  may  sue  &  be  sued  in  all  actions  real 
and  personal  or  mixed  and  prosecute  and  defend  the  same  to  final 
judgment  and  execution  by  the  name  of  the  trustees  of  the  Adams 
female  Academy. — 

Section.  4..  And  be  it  further  enacted  that  the  trustees  aforesaid 
the  longest  livers  and  survivors  of  them  and  their  successors  be  the 
true  and  sole  trustees  and  governors  of  the  said  Academv  in  per- 
petual succession  forever,  to  be  continued  in  the  way  and  manner 
herein  after  specified  with  full  nower  and  authority  to  elect  such 
officers  of  the  said  Academy  as  they  shall  judge  necessary  and  con- 
venient, and  to  make  and  ordain  such  laws,  orders  and  rules  for 
the  good  government  of  said  Academy  as  to  them  said  trustees  shall 


1 86  LAWS   OF   NEW  HAMPSHIRE 

seem  most  fit  and  requisite,  provided  that  the  said  rules,  laws  and 
orders  be  in  no  way  contrary  to  the  constitution  and  laws  of  this 
State. 

Section  5.  And  be  it  further  enacted,  that  the  number  of  said 
trustees  &  their  successors  shall  not  at  any  one  time  be  more  than 
seven  nore  less  than  four;  four  of  whom  shall  constitute  a  quorum 
for  transacting  business,  and  the  major  part  of  the  members  present 
at  any  legal  meeting  shall  decide  all  questions  that  shall  come  be- 
fore them  excepting  only  such  questions  as  involve  the  disposition 
of  the  funds  and  the  appointment  of  officers  and  instructors,  on 
which  subjects  a  majority  of  the  whole  board  of  trustees  shall  con- 
cur— 

Section.  6.  And  be  it  further  enacted,  that  as  often  as  any 
vacancy  in  the  board  of  trustees  of  said  Academy  shall  happen  by 
death,  resignation,  or  otherwise,  the  trustees  surviving  or  remaining 
or  the  major  part  of  them  shall  elect  one  or  more  persons  to  fill  such 
vacancy  or  vacancies  so  happening. — 

Section  7.  And  be  it  further  enacted,  that  the  trustees  afore- 
said and  their  successors  be  and  they  hereby  are  rendered  capable 
in  law  to  take  and  receive  by  gift;  grant;  devise;  bequest  or  other- 
wise, any  land,  tenements  or  other  estate,  real,  personal,  or  mixed; 
provided,  that  the  annual  income  of  said  real  estate  shall  not  exceed 
the  sum  of  ten  thousand  dollars;  to  have  and  to  hold  the  same  to 
them  the  said  trustees,  and  their  successors,  on  such  terms  and  under 
such  conditions  and  limitations  as  may  be  expressed  in  any  will, 
deed,  or  instrument  of  conveyance  which  may  be  made  to  them; 
and  all  deeds  and  instruments  which  the  said  trustees  shall  make 
when  made  in  the  name  of  the  trustees  of  the  Adams  female  Acad- 
emy and  signed  and  delivered  by  four  of  the  trustees,  at  least,  and 
sealed  with  their  common  seal,  shall  bind  the  said  trustees  and  their 
successors  and  be  valid  in  law — - 

Section.  8.  And  be  it  further  enacted  that  lands,  tenements  and 
hereditaments  to  the  value  of  three  thousand  Dollars  and  personal 
estate  to  the  value  of  seven  thousand  Dollars  which  are  or  may  be 
the  property  of  this  institution,  shall  be  and  hereby  are  exempted 
from  taxation  forever — 

Section.  9.  And  be  it  further  enacted,  that  the  said  Edward  L. 
Parker,  Alanson  Tucker  and  George  Farrar  or  either  of  them  shall 
be  and  are  authorised  to  call  the  first  meeting  of  said  trustees  upon 
giving  notice  thereof  in  writing  expressive  of  the  time,  place  and 
object  of  said  meeting;  which  notice  shall  be  delivered  to  each  of 
said  trustees  or  left  at  their  respective  dwelling  houses,  at  least  three 
days  before  said  day  of  meeting. 


LAWS  OF   NEW  HAMPSHIRE  I  87 

[CHAPTER  10.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  Enoch  G.  Parrott  and  others  by  the 

NAME  OF  THE  PORTSMOUTH  SUGAR   REFINING  COMPANY. 

[Approved  June  18,  1823.  Original  Acts,  vol.  27,  p.  106;  recorded  Acts, 
vol.  22,  p.  305.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Enoch  G.  Parrott,  William 
Stavers,  Ichabod  Rollins  and  their  associates,  and  successors,  be  and 
they  hereby  are  created  a  body  politic  and  corporate  forever  by  the 
name  of  the  Portsmouth  Sugar  Refining  Company,  for  the  purpose  of 
refining  sugar  and  making  loaf  sugar,  or  carrying  on  any  manu- 
facture; of  which  sugar  shall  be  the  principal  ingredient;  with  all 
the  powers,  privileges  and  liabilities  incident  to  corporations  of  this 
nature. 

Sect.  2.  And  be  it  further  enacted,  that  the  said  corporation 
may  be  seised  and  possessed,  and  may  have,  hold  and  enjoy  for  the 
purposes  aforesaid,  a  capital  stock  not  exceeding  one  hundred  thou- 
sand dollars;  which  said  capital  stock  may  be  vested  for  the  pur- 
poses aforesaid,  in  real  or  personal  estate  at  the  discretion  of  said 
corporation.  And  the  said  corporation  shall  have  full  power  and 
authority  to  divide  said  capital  stock  into  as  many  shares,  and  pro- 
vide such  conditions  of  holding,  and  such  modes  of  transferring  said 
shares;  and  impose  such  assessments  on  the  proprietors  of  said 
shares;  and  provide  such  means  to  enforce  the  payment  of  such 
assessments;  and  hold  such  meetings  and  make  such  by  laws  for 
the  due  government  of  the  said  corporation  and  the  management  of 
its  affairs,  as  shall  be  determined  upon  by  the  members  of  said  cor- 
poration, or  a  major  part  of  them  at  any  regular  meeting: — provided 
the  same  be  not  repugnant  to  the  constitution  and  laws  of  this 
State.— 

Sect.  3.  And  be  it  further  enacted,  that  the  said  Enoch  G.  Par- 
rott, William  Stavers,  and  Ichabod  Rollins,  or  any  two  of  them, 
may  call  the  first  meeting  of  said  corporation,  by  giving  particular 
notice  of  the  time  and  place  thereof,  in  an  advertisement  published 
in  any  newspaper  printed  in  the  town  of  Portsmouth,  at  least  four- 
teen days  prior  to  the  time  of  said  meeting. — 


I  88  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  11.] 

State  of  I 

New  Hampshire.  \ 

■ 

An   Act   to   establish   a   corporation   by   the   name   of   the 
Nashua  Manufacturing  Company. 

[Approved  June  18,  1823.  Original  Acts,  vol.  27,  p.  107;  recorded  Acts, 
vol.  22,  p.  307.  See  act  of  December  10,  1824,  post;  resolution  of  June  24, 
1859,  Session  Laws,  1859,  Private  Acts,  Chap.  2316;  acts  of  July  8,  1862,  id., 
1862,  Private  Acts,  Chap.  2683;  March  13,  1895,  id.,  1895,  Chap.  224;  Feb- 
ruary 17,  1917,  Laws,  1917,  Chap.  292,  and  February  10,  1919,  id.,  1919,  Chap. 
249.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Daniel  Abbot,  Moses 
Tyler  and  Joseph  Greeley  and  such  other  persons  as  shall  associate 
with  them  and  their  successors  and  assigns  shall  be  and  hereby  are 
constituted  and  made  a  corporation  by  the  name  of  the  Nashua  Man- 
ufacturing Company  and  by  that  name  may  sue  and  be  sued,  pros- 
ecute and  defend  to  final  judgment  and  execution;  and  may  have 
and  use  a  common  seal  and  the  same  may  alter  and  renew  at  pleas- 
ure, and  also  may  make,  ordain  and  put  in  execution  such  by  laws 
and  regulations  ( not  being  contrary  to  the  constitution  and  laws 
of  the  State)  as  shall  be  necessary,  proper  and  convenient  for  the 
government  of  said  corporation,  and  the  due  management  of  its 
concerns;  and  shall  be  and  hereby  are  vested  with  all  the  privileges 
and  powers  which  by  law  are  incident  to  corporations  of  a  similar 
nature. 

Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
be,  and  the  same  is  hereby  empowered  to  establish  manage  and 
carry  on  the  manufacture  of  cotton,  woollen,  Iron  and  other  lawful 
manufactures  on  and  near  the  Nashua  River  in  Dunstable  and  also 
any  and  all  such  branches  of  manufacture  and  trade  as  can  be  con- 
veniently managed  and  carried  on  by  said  Company  or  corporation, 
and  to  purchase,  take,  hold  and  convey  real  and  personal  estate  of 
every  kind  to  such  amount  as  they  may  find  necessary  or  convenient 
in  the  management  of  their  concerns,  provided  the  same  shall  not 
exceed  the  sum  of  one  million  dollars,  and  the  same  to  manage,  im- 
prove, change  and  sell  at  their  pleasure;  and  to  erect  on  the  real 
estate  to  be  purchased  and  held  by  them  as  aforesaid  such  dams, 
canals,  mills,  buildings,  machines  and  works  as  they  may  deem  nec- 
essary or  useful  in  carrying  on  and  managing  their  manufactures 
and  works  and  in  conducting  the  business  of  the  corporation. 

Section  3.  And  be  it  further  enacted  that  the  said  Daniel  Abbot 
may  call  the  first  meeting  of  said  corporation  by  giving  three  days 
previous  notice  to  each  of  the  persons  who  is  associated  with  him  in 
obtaining  this  charter,  at  which  meeting  a  Clerk  shall  be  chosen  who 


LAWS   OF   NEW   HAMPSHIRE  189 

shall  be  sworn  faithfully  to  discharge  the  duties  of  his  office,  and  it 
shall  be  his  duty  to  record  the  doings  and  proceedings  of  said  corpo- 
ration and  to  perform  such  other  services  as  the  by-laws  of  said 
corporation  may  require,  and  at  the  same  or  any  subsequent  meet- 
ing duly  holden  the  members  or  associates  of  said  corporation  may 
prescribe  and  agree  on  the  manner  of  calling,  holding  and  manag- 
ing future  meetings,  may  divide  their  capital  or  joint  stock  into 
such  number  of  shares  as  they  may  deem  proper,  and  prescribe  the 
mode  or  manner  in  which  the  shares  in  their  capital  stock  shall  be 
holden,  and  how  the  same  shall  be  transferred;  may  make  or  provide 
for  the  making  of  assessments  on  the  shares  from  time  to  time  as 
occasion  may  require  and  fix  the  time  for  the  payment  of  the  same; 
may  appoint  and  constitute  such  officers,  servants  and  agents  of  the 
said  corporation  as  they  shall  think  necessary  and  prescribe  their 
respective  duties  and  may  do  or  transact  any  matter  or  thing  relat- 
ing to  the  property,  business  or  concerns  of  the  said  corporation. — 

Section  4.  And  be  it  further  enacted,  that  at  all  meetings  of  the 
members  of  said  Corporation  duly  notified  and  holden  each  member 
shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be  the 
owner  &  holder  of  in  said  corporation  on  all  questions  that  may 
come  before  such  meetings;  and  absent  members  may  be  repre- 
sented and  vote  at  such  meetings  by  an  agent  for  that  purpose  duly 
authorized  by  writing  signed  by  the  member  or  members  to  be  rep- 
resented which  writing  shall  be  filed  with  the  Clerk  of  said  corpo- 
ration; and  at  such  meetings  all  questions  shall  be  decided  by  a 
majority  of  the  votes  cast;  provided  however  that  in  the  assessment 
of  taxes  on  the  shares  in  said  corporation  three  fourths  of  the  votes 
cast  shall  be  required  to  make  such  assessment  binding  on  the 
members  of  said  corporation. — 

Section  5.  And  be  it  further  enacted,  that  the  shares  in  the  capi- 
tal or  joint  stock  of  the  corporation  shall  be  liable  and  holden  for 
the  payment  of  all  assessments  legally  made  thereon;  and  in  case 
of  neglect  of  any  member  to  pay  the  assessments  on  his  share  or 
shares,  the  same  or  so  many  of  them  as  shall  be  sufficient  to  pay  the 
amount  of  the  assessment  or  assessments  may  be  sold  or  trans- 
ferred for  the  payment  of  the  same  in  such  manner  or  way  as  shall 
be  prescribed  by  the  by-laws  or  regulations  of  said  corporation— 


19°  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  12.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Dover  Bank. 

[Approved  June  20,  1823.  Original  Acts,  vol.  27,  p.  108;  recorded  Acts, 
vol.  22,  p.  311.  See  acts  of  January  3,  1829,  post;  June  28,  1831,  Acts,  vol. 
28,  p.  60,  and  June  26,  1845,  Session  Laws,  1845,  Chap.  300.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Daniel  M.  Durell,  John 
Williams,  John  Waldron,  Stephen  Hanson,  Barnabas  H.  Palmer, 
George  Piper,  Cyrus  Bangs,  John  B.  H.  Odiorne,  Hosea  Sawyer, 
John  Brown,  Samuel  Kimball,  Eri  Perkins,  James  Whitehouse, 
Thomas  W.  Kittredge,  Jonathan  Locke,  William  Palmer,  Jesse  Var- 
ney,  Jacob  Kittredge,  John  W.  Hayes,  Charles  W.  Cutter,  David 
Barker,  junior,  and  their  Associates,  and  those  who  may  hereafter 
become  Associates  in  said  Bank,  their  Successors  and  Assigns,  shall 
be,  and  they  hereby  are  created  and  made  a  Corporation  by  the 
name  of  the  Dover  Bank,  and  shall  so  continue  until  the  first  Mon- 
day of  August,  which  will  be  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  forty  five;  and  by  that  name  shall  be,  and  hereby 
are  made  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  any  court  of  record,  or  any  other  place 
whatever;  and  also  to  make,  have  and  use  a  common  seal,  and  the 
same  again  at  pleasure  to  break,  alter  and  renew;  and  also,  to  or- 
dain, establish  or  put  in  execution  such  by-laws,  ordinances  and 
regulations,  not  repugnant  to  the  laws  of  this  State,  as  to  them  shall 
appear  necessary  and  convenient  for  their  regulation  and  govern- 
ment, and  for  the  prudent  management  of  the  affairs  of  said  Corpo- 
ration; subject  always  to  the  rules,  restrictions,  limitations  and  pro- 
visions hereinafter  prescribed:  Provided,  that  said  Grantees  shall 
within  two  years  from  the  passing  of  this  act,  accept  the  provisions 
thereof,  and  organize,  and  put  said  institution  into  operation  under 
the  same;  in  default  of  which  this  act  shall  thereafter  be  void,  and 
of  no  further  effect. 

Sect.  2.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  Corporation  shall  consist  of  a  sum  not  less  than  fifty  thousand 
dollars,  nor  more  than  two  hundred  thousand  dollars  in  specie,  and 
shall  be  divided  into  two  thousand  shares;  and  the  stockholders  at 
their  first  meeting,  by  a  majority  of  votes,  shall  determine  the 
amount  of  payments  to  be  made  on  each  share,  and  the  time  when 
they  shall  be  made;  also,  the  mode  of  transferring  and  disposing  of 
the  stock  and  the  profits  thereof,  which  being  entered  on  the  books 


LAWS  OF   NEW   HAMPSHIRE  19 1 

of  said  Corporation  shall  be  binding  on  the  stockholders,  their  suc- 
cessors and  assigns:  Provided,  that  no  stockholder  shall  be  allowed 
to  borrow  at  said  Bank,  until  he  shall  have  paid  in  his  full  propor- 
tion of  said  sum  of  fifty  thousand  dollars  at  least:  And  the  said 
Corporation  is  hereby  made  capable  in  law  to  have,  hold,  purchase 
and  receive,  possess,  enjoy  and  retain  to  them,  their  successors  and 
assigns,  lands,  tenements  and  hereditaments,  to  the  amount  of 
twenty  five  thousand  dollars,  and  no  more  at  any  one  time,  with 
power  to  bargain,  sell,  dispose  of  and  convey  the  same;  and  to  loan 
and  negotiate  their  monies  and  effects,  by  discounting  on  banking 
principles  on  such  personal  security  as  they  shall  think  advisable. 

Sect.  3.  And  be  it  further  enacted,  That  the  following  rules,  lim- 
itations and  provisions,  shall  form  and  be  the  fundamental  articles 
of  said  Corporation: 

1.  That  the  said  Corporation  shall  not  issue  and  have  in  circu- 
lation at  any  one  time  bills,  notes  or  obligations  to  a  greater  amount 
than  the  capital  stock  actually  paid  in  at  such  time,  and  then  com- 
posing the  capital  stock  of  said  Bank:  And  in  case  any  cashier, 
director  or  other  officer  of  said  Bank,  at  any  time,  shall  knowingly 
issue,  or  order,  direct,  or  cause  to  be  issued  and  put  in  circulation 
bills,  notes  or  obligations  of  said  Bank,  which  together  with  those 
before  issued  and  then  in  circulation,  shall  exceed  the  amount  of  the 
capital  stock  of  said  Bank  as  aforesaid,  such  cashier,  director  or 
other  officer,  shall  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars,  nor  less  than  one  thousand  dollars. 

2.  That  dividends  may  be  made  semiannually  among  the  stock- 
holders of  said  Bank  of  interest  or  profits  actually  received;  but 
no  part  of  the  capital  stock  of  said  Bank  shall  be  divided  among, 
or  paid  to  the  stockholders,  either  before  or  after  the  expiration 
of  the  time  limited  by  this  act  for  the  continuance  of  said  Corpo- 
ration, without  the  license  of  the  Legislature  of  this  State  therefor, 
on  penalty  that  any  cashier,  director  or  other  officer,  who  shall  so 
divide  or  pay  the  same,  or  order,  direct  or  cause  the  same  to  be 
done,  shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thou- 
sand dollars,  nor  less  than  one  thousand  dollars:  Provided  never- 
theless, that  it  shall  be  lawful  for  the  stockholders,  after  having 
given  one  year's  previous  notice  of  their  intention  by  advertisement 
in  two  newspapers  published  in  this  State,  and  after  payment  of 
all  outstanding  debts  due  from  said  Bank,  to  make  a  division  of 
the  capital  stock  among  themselves,  and  thereby  dissolve  said  Cor- 
poration. 

3.  That  in  case  of  a  diminution,  or  loss  of  any  portion  of  the  sum 
composing  the  capital  stock  of  said  Bank,  by  any  means  whatever, 
it  shall  be  the  duty  of  the  directors  in  their  next  annual  return  of 
the  condition  of  said  Bank  by  law  required  to  be  made  to  the  Gov- 
ernor and  Council,  to  state  the  amount  of  such  diminution  or  loss, 


192  LAWS  OF   NEW  HAMPSHIRE 

and  the  cause  thereof;  and  after  such  loss  or  diminution,  no 
dividend  of  interest  or  profit  shall  be  made  until  such  loss  or  diminu- 
tion shall  have  been  replaced  and  supplied  by  assessments  and  ac- 
tual payments  of  the  stockholders,  or  by  appropriations  therefor 
of  the  interest  and  profit  actually  received. 

4.  That  said  Corporation  shall  not  vest,  use  nor  improve  any  of 
their  monies,  goods,  chattels  or  effects  in  trade  or  commerce,  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession  by 
way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  Corporation,  being  a  citizen 
of  this  State,  and  resident  therein,  shall  be  eligible  for  a  director: 
And  the  directors  shall  choose  one  of  their  own  number  to  act  as 
President.  The  Cashier,  before  he  enters  on  the  duties  of  his  office, 
shall  give  bond  with  two  or  more  sureties,  to  the  satisfaction  of  the 
Board  of  Directors,  in  a  sum  not  less  than  twenty  five  thousand 
dollars,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office. 

6.  That  for  the  well  ordering  of  the  affairs  of  said  Corporation 
a  meeting  of  the  stockholders  shall  be  holden  at  such  place  as  they 
shall  direct  on  the  third  Monday  of  July,  annually,  from  and  after 
their  first  meeting,  and  at  any  other  time  during  the  continuance  of 
said  Corporation,  at  such  place  as  may  be  appointed  by  the  Presi- 
dent and  Directors  for  the  time  being,  by  publick  notification  being 
given  at  least  two  weeks  prior  thereto;  at  which  annual  meeting 
there  shall  be  chosen  by  ballot,  not  less  than  seven,  nor  more  than 
nine  directors,  to  continue  in  office  the  year  ensuing  their  election, 
and  until  others  shall  be  chosen  in  their  stead:  And  the  number 
of  votes  to  which  each  stockholder  shall  be  entitled,  shall  be  accord- 
ing to  the  number  of  shares  he  shall  hold,  in  the  following  propor- 
tion; that  is  to  say — For  every  one  share,  one  vote;  for  every  two 
shares  above  one,  and  not  exceeding  twentv,  one  vote;  for  every 
three  shares  above  twenty,  one  vote;  provided  that  no  one  stock- 
holder shall  be  entitled  to  more  than  thirtv  votes.  Absent  members 
may  vote  by  proxy,  being  authorized  in  writing,  signed  by  the  person 
represented,  and  filed  with  the  Cashier. 

7.  That  no  director  shall  be  entitled  to  anv  emolument  for  his 
services,  but  the  stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  not  less  than  a  nmority  of  the  directors  shall  constitute 
a  Board  for  the  transaction  of  business,  of  whom  the  president  shall 
be  one,  except  in  case  of  sickness  or  necessarv  absence,  in  which 
case  the  directors  present  may  choose  a  chairman  for  the  time  be- 
ing in  his  stead. 

q.  That  all  bills  issued  from  said  Bank,  signed  by  the  President, 
and  countersigned  by  the  Cashier  shall  be  binding  on  said  Corpo- 
ration. 


LAWS  OF   NEW   HAMPSHIRE  193 

io.  That  the  Directors  shall  appoint  a  Cashier,  clerks  and  such 
other  officers,  agents  or  servants  for  conducting  the  business  of  the 
Bank,  with  such  salaries  as  to  them  shall  seem  just  and  proper. 

ii.  That  the  aforesaid  Bank  shall  be  established  and  kept  in  the 
town  of  Dover  in  the  county  of  Strafford. 

12.  That  the  Legislature  shall  at  all  times  have  the  right  by 
persons  duly  appointed  for  that  purpose  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion, and  of  their  officers  relating  to  the  same;  for  which  purpose 
all  the  books  and  papers  of  the  Corporation,  together  with  their 
money,  and  securities  for  money,  shall  be  exhibited  and  submitted 
to  the  inspection  and  examination  of  such  persons,  so  appointed; 
and  each  officer  of  said  Corporation  shall  answer  on  oath,  if  re- 
quired, all  suitable  and  proper  interrogatories  relating  to  the  state, 
condition  or  transactions  of  said  Bank. 

Sect.  4.  And  be  it  further  enacted,  That  the  said  Daniel  M. 
Durell,  John  Williams,  and  Charles  W.  Cutter,  or  any  two  of  them, 
may  call  a  meeting  of  said  Corporation  at  such  time  and  place  as 
they  may  see  fit,  by  giving  publick  notice  thereof  at  least  two  weeks 
prior  to  the  time  of  meeting,  by  advertising  in  some  newspaper 
printed  in  the  town  of  Dover,  for  the  purpose  of  making,  ordaining 
and  establishing  such  by-laws,  ordinances  and  regulations,  as  the 
said  members  may  deem  necessary,  and  for  the  choice  of  the  first 
Board  of  Directors,  and  such  other  officers  as  they  may  see  fit  to 
choose. 

Sect  5.  And  be  it  further  enactedj  That  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act,  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 


[CHAPTER  13.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  establish  a  corporation  by  the  name  of  the  En- 
field and  Lebanon  Iron  Manufactory. 

[Approved  June  21,  1823.     Original  Acts,  vol.  27,  p.   109;  recorded  Acts, 
vol.  22,  p.  318.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Ebenezer  Dustin,  James 
Willis,  Aaron  Cleaveland,  Caleb  Plastridge,  John  A  Liscomb,  Isaac 
Peirce,  Francis  Clark,  their  associates,  successors  and  assigns,  be. 
and  they  are  hereby  incorporated  by  the  name  of  the  Enfield  and 
Lebanon  Iron  Manufactorv;  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  defend  to  final  judgment  and  execution,  and 
13 


194  LAWS  OF   NEW  HAMPSHIRE 

be  known  and  distinguished  in  all  their  acts  and  proceedings;  and 
shall  be,  and  hereby  are  vested  with  all  the  powers  and  privileges, 
and  subject  to  the  liabilities  of  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Corporation 
is  hereby  authorized  to  carry  on  the  manufacture  of  Iron  in  its 
various  branches,  and  such  other  business  as  may  be  necessarily  or 
conveniently  connected  therewith  at  Enfield  or  Lebanon  in  the 
county  of  Grafton;  and  for  that  purpose  may  construct  and  main- 
tain such  dams,  mills,  buildings  and  machinery,  as  may  be  nec- 
essary and  convenient  for  conducting  and  carrying  on  said  manu- 
facture. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  Corporation  is 
hereby  authorized  to  acquire  by  purchase,  or  otherwise,  and  to  hold 
and  enjoy  such  real  and  personal  estate  as  may  be  necessary  and 
useful  in  conducting  the  business  of  said  Manufactory  upon  its  pres- 
ent, or  a  more  enlarged  plan,  and  the  same  to  sell,  convey  and 
dispose  of  at  pleasure:  provided  the  estate  holden  by  said  Corpora- 
tion shall  not  at  any  time  exceed  one  hundred  thousand  dollars. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  Ebenezer  Dus- 
tin,  James  Willis  and  John  A  Liscomb,  or  either  two  of  them,  may 
call  the  first  meeting  of  the  members  of  said  Corporation,  by  giving 
ten  days'  personal  notice,  or  by  advertisement  in  some  newspaper 
printed  in  Concord,  giving  at  least  twenty  days'  notice  of  the  time, 
place,  and  design  of  such  meeting:  At  which  first  meeting  the  said 
members  shall  choose  a  Clerk,  who  shall  be  sworn  to  the  faithful 
discharge  of  the  duties  of  his  office,  and  whose  duty  it  shall  be  to 
record  the  proceedings  of  said  Corporation,  and  perform  such  other 
duties  as  may  be  lawfully  required  of  him:  And  at  the  same,  or  any 
subsequent  meeting  duly  holden,  the  said  members  may  agree  on  the 
manner  of  calling  their  future  meetings;  may  divide  their  capital  or 
joint  stock  into  any  number  of  shares,  not  exceeding  one  hundred, 
and  agree  upon  the  manner  of  transferring  them;  may  order  assess- 
ments, and  fix  the  time  in  which  they  shall  be  paid;  elect  and  ap- 
point such  officers,  agents  and  servants  as  thev  may  deem  necessary, 
and  prescribe  their  duties;  pass  bv-laws  for  the  regulation  and  gov- 
ernment of  said  Corporation,  and  do  and  transact  any  business  in 
relation  to  the  concerns  and  for  the  benefit  thereof.  All  elections, 
and  all  other  questions,  if  required,  shall  be  determined  bv  a  major- 
ity of  votes  present  or  represented  at  any  meeting,  accounting  and 
allowing  one  vote  to  each  share  in  all  cases;  and  all  representations 
shall  be  made  in  writing,  signed  by  the  person  represented  and  filed 
with  the  Clerk. 

Sec.  5.  And  be  it  further  enacted.  That  the  shares  in  said  Cor- 
poration shall  be  liable  and  holden  for  the  pavment  of  all  assess- 
ments legallv  made  thereon;  and  upon  the  nonpayment  thereof,  for 
the  space  of  thirty  days  after  the  same  shall  have  become  due  and 


LAWS  OF   NEW   HAMPSHIRE  195 

payable,  the  Treasurer  may  proceed  in  the  manner  prescribed  in  the 
by-laws  of  said  Corporation,  to  advertise  and  sell  at  publick  auction 
such  delinquent  shares,  or  so  many  of  them  as  may  be  necessary  to 
pay  the  sums  due  thereon  with  incidental  charges. 


[CHAPTER  14.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  sundry  persons  into  a  company  by  the 
name  of  the  "proprietors  of  the  charlestown  street 
aqueduct." 

[Approved  June  21,  1823.  Original  Acts,  vol.  27,  p.  no;  recorded  Acts, 
vol.  22,  p.  322.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Vryling  Lovell,  John  C. 
Chamberlain,  Jazaniah  Crosby,  Henry  H.  Sylvester,  Henry  Hub- 
bard, Joel  Smith  and  their  associates  and  successors  be  and  they  are 
hereby  incorporated  and  made  a  body  corporate  and  politic  forever 
by  the  name  of  "The  Proprietors  of  the  Charlestown  Street  Aque- 
duct"— and  by  that  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded, prosecute  and  be  prosecuted  to  final  judgment  and  execu- 
tion, and  shall  be  and  hereby  are  vested  with  all  the  powers  and 
privileges  which  are  by  law  incident  to  corporations  of  a  similar 
nature 

Section  2.  And  be  it  further  enacted,  that  Vryling  Lovell  or 
John  C.  Chamberlain  before  named  shall  call  a  meeting  of  said  cor- 
poration by  posting  advertisements  for  that  purpose  in  two  public 
places  in  said  town  of  Charlestown  at  least  ten  days  prior  to  said 
meeting  to  be  holden  at  such  time  and  place  as  they  shall  think 
proper.  And  the  proprietors,  by  vote  of  a  majority  of  those  present 
or  represented  at  said  meeting,  allowing  one  vote  to  each  share  in 
all  cases,  shall  choose  a  Clerk  who  shall  be  sworn  to  the  faithful 
discharge  of  the  duties  of  said  office;  and  shall  agree  on  a  method 
of  calling  future  meetings,  and  at  the  same  time  or  at  any  future 
meeting  may  elect  such  officers  and  make  and  establish  such  rules 
and  bye  laws,  as  to  them  shall  seem  necessary  and  convenient  for 
the  regulations  and  government  of  said  corporation  for  securing, 
managing  and  improving  the  interests  thereof — provided  the  said 
rules  and  bye-laws  are  not  repugnant  to  the  Constitution  and  laws 
of  this  State;  and  all  representations  at  any  meeting  of  said  corpora- 
tion shall  be  proved  in  writing  signed  by  the  person  to  be  repre- 
sented, which  shall  be  filed  bv  the  Clerk,  or  recorded  in  a  book  or 
books  provided  and  kept  for  that  purpose. 


196  LAWS  OF   NEW   HAMPSHIRE 

Section  3.  And  be  it  further  enacted,  that  said  corporation  shall 
have  power  to  purchase  and  hold  in  fee  simple  or  otherwise  so  much 
land  as  may  be  necessary  to  enable  the  said  corporation  to  convey  to 
Charlestown  Street  aforesaid  by  means  of  an  aqueduct,  the  water 
from  any  spring  or  springs  in  the  neighborhood  of  and  not  more  than 
one  mile  distant  from  said  Charlestown  Street,  and  to  secure  to  said 
corporation  the  exclusive  right  to  and  privelege  of  said  spring  or 
Springs — 

Section  4.  And  be  it  further  enacted,  that  said  corporation  shall 
have  power  to  convey  the  water  from  any  such  spring  or  springs  to 
said  Charlestown  Street,  and  there  to  distribute  the  same  by  means 
of  an  aqueduct  to  be  by  said  corporation  completed  for  that  pur- 
pose; provided  the  land  through  which  said  aqueduct  shall  be  laid 
shall  be  owned  by  said  corporation;  or  provided,  the  owner  or 
owners  of  any  such  land  shall  have  previously  consented  thereto. 

Section  5.  And  be  it  further  enacted,  that  the  share  or  shares 
of  any  of  the  said  proprietors  may  be  transferred  by  deed  duly  ex- 
ecuted and  acknowledged  and  which  deed  shall  be  recorded  by  the 
Clerk  of  said  Corporation  in  a  book  to  be  kept  for  that  purpose. 
And  the  share  or  shares  of  any  propreitor  may  be  sold  by  said  cor- 
poration for  non  payment  of  assessments  duly  made  agreeable  to  the 
bye  laws  which  shall  be  established  by  said  corporation — 


[CHAPTER  15.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  incorporate  John  Bell  and  Richard  H.  Ayer  by  the 

NAME   OF   THE   HOOKSETT   MANUFACTURING   COMPANY. 

[Approved  June  21,  1823.  Original  Acts,  vol.  27,  p.  in;  recorded  Acts, 
vol.  22,  p.  325.  See  acts  of  July  3,  1866,  Session  Laws,  1866,  Chap.  4368,  and 
July  21,  1881,  id.,  1877-81,  p.  636.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  John  Bell  and  Richard 
H.  Ayer  and  their  associates  and  successors  be,  and  they  hereby  are 
incorporated  and  made  a  body  politic  forever  by  the  name  of  the 
Hooksett  Manufacturing  Company,  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  be  prosecuted,  defend  and  be  defended 
to  final  judgment  and  execution,  and  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  privileges  which  by  law  are  incident  to 
corporations  of  a  similar  nature  and  may  have  and  use  a  common 
seal  which  they  may  break,  alter  and  renew  at  pleasure. 

Section  2.  And  be  it  further  enacted  that  the  said  corporation 
shall  have  power  and  is  hereby  authorized  to  carry  on  the  making 


LAWS  OF   NEW  HAMPSHIRE  197 

and  fabricating  of  woollen  and  cotton  goods  and  such  other  man- 
ufactures as  they  may  from  time  to  time  think  fit  in  the  town  of 
Hooksett,  and  may  carry  on  such  branches  of  trade  and  business 
as  may  be  necessarily  and  conveniently  connected  therewith,  and 
may  erect  such  mills,  dams,  buildings,  machines  and  other  works 
as  may  be  necessary  for  carrying  on  said  manufactures  and  busi- 
ness— 

Section  3.  And  be  it  further  enacted  that  the  said  corporation 
be  and  the  same  hereby  is  authorized  to  acquire  by  purchase  or 
otherwise  and  to  hold  and  enjoy  all  such  real  and  personal  estate 
as  may  be  necessary  and  convenient  for  establishing  and  carrying 
on  said  factories  and  the  business  therewith  connected,  and  the  same 
may  sell  and  dispose  of  at  pleasure,  provided  such  estate  shall  not 
exceed  in  value  the  sum  of  two  hundred  thousand  dollars. — 

Section  4.  And  be  it  further  enacted  that  the  capital  or  joint 
stock  of  said  corporation  may  be  divided  into  as  many  shares  as  the 
proprietors  at  a  legal  meeting  may  think  fit  and  shall  be  numbered  in 
progressive  order  beginning  at  number  one,  and  each  proprietor 
shall  have  a  certificate  under  the  hand  of  the  treasurer  and  seal  of 
said  corporation  expressing  his  number  of  shares  and  certifying  that 
he  is  the  owner  thereof  which  share  or  shares  may  be  alienated  by 
the  proprietor  thereof,  his  executor  or  administrator  in  such  manner 
as  said  corporation  may  prescribe. 

Section  5.  And  be  it  further  enacted  that  the  shares  in  such 
corporation  shall  be  liable  and  holden  for  all  assessments  legally 
made  thereon  and  upon  the  nonpayment  of  such  assessments  or  any 
part  thereof  for  the  space  of  thirty  days  after  the  same  shall  have  be- 
come due  and  payable,  the  treasurer  may  proceed  in  the  manner 
prescribed  in  the  by  laws  of  said  corporation  to  advertise  and  sell 
at  public  auction  such  delinquent's  snares  or  so  many  of  them  as 
may  be  necessary  to  pay  the  sums  due  thereon  with  incidental 
charges. 

Section  6.  And  be  it  further  enacted  that  John  Bell  and  Rich- 
ard H.  Ayer  may  call  the  first  meeting  of  said  corporation  to  be 
holden  at  any  suitable  time  and  place  by  advertising  the  same  in 
some  newspaper  printed  in  Concord  three  weeks  previous  to  said 
meeting  and  the  members  of  said  corporation  at  that  or  any  legal 
meeting  by  a  vote  of  a  majority  of  those  present  and  represented 
allowing  one  vote  in  all  cases  to  each  share,  may  choose  all  such 
officers  and  servants  as  may  be  deemed  necessary  and  prescribe  their 
respective  duties,  may  order  assessments  and  fix  the  time  of  their 
payment,  may  pass  by  laws  for  their  due  regulation  and  govern- 
ment, prescribe  rules  for  the  transfer  of  their  stock,  agree  on- the 
manner  of  calling  future  meetings  and  may  do  and  transact  such 
other  business  in  relation  to  the  concerns  of  said  corporation  as  they 
may  see  fit — 


I98  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  16.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  a  Company  by  the  name  of  "the  Lan- 
caster Street  Aqueduct  Company." 

[Approved  June  21,  1823.  Original  Acts,  vol.  27,  p.  112;  recorded  Acts, 
vol.  22,  p.  329.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  A.  Pearson, 
Thomas  Carlisle,  Benjamin  Boardman  and  William  Farrar  and  their 
associates  and  successors  be,  and  they  hereby  are  incorporated  and 
made  a  body  corporate  and  politic  forever  under  the  name  of  "The 
Lancaster  Street  Aqueduct  Company"  and  by  that  name  may  sue 
and  prosecute  and  be  sued  and  prosecuted  to  final  judgment  and 
execution  and  shall  be  and  hereby  are  vested  with  all  the  powers 
and  privileges  which  are  by  law  incident  to  corporations  of  a  similar 
nature. — 

Section  2.  And  be  it  further  enacted,  that  Samuel  A.  Pearson  or 
William  Farrar  before  named  shall  call  a  meeting  of  said  company 
by  posting  advertisements  in  two  public  places  in  said  town  of  Lan- 
caster at  least  ten  days  prior  to  said  meeting  to  be  holden  at  such 
time  and  place  as  they  shall  think  proper.  And  the  proprietors  by 
a  vote  of  a  majority  of  those  present  or  represented  at  said  meet- 
ing, accounting  and  allowing  one  vote  to  each  share  in  all  cases, 
shall  choose  a  Clerk,  who  shall  be  sworn  to  the  faithful  discharge 
of  the  duties  of  said  office,  and  shall  agree  on  a  method  of  calling 
future  meetings  and  at  the  same  time  or  any  future  meetings  may 
elect  such  officers  and  make  and  establish  such  rules  and  by  laws  as 
to  them  shall  seem  necessary  and  convenient  for  the  regulation  and 
government  of  said  corporation  for  securing,  managing,  and  im- 
proving the  interests  thereof  and  for  carrying  into  effect  the  pur- 
poses by  this  act  intended  and  the  same  bv-laws  may  cause  to  be 
executed  and  annex  penalties  to  the  breach  thereof,  provided  the 
said  rules  and  by  laws  are  not  repugnant  to  the  constitution  and 
laws  of  this  state  and  all  representations  at  any  meeting  of  said 
corporation  shall  be  proved  in  writing  signed  by  the  person  to  be 
represented,  which  shall  be  filed  by  the  Clerk  or  recorded  in  a  book 
or  books  provided  and  kept  for  that  purpose. — 

Section  3.  And  be  it  further  enacted  that  said  corporation  shall 
have  power  to  purchase  and  hold  in  fee  simple  or  otherwise  so  much 
land  as  may  be  sufficient  to  enable  them  to  convey  to  Lancaster 
street  aforesaid  by  means  of  an  aqueduct  the  water  from  any  spring 
or  springs  of  water  in  the  neighbourhood  of,  and  not  more  than  one 


LAWS  OF   NEW   HAMPSHIRE  199 

mile  distant  from  said  Street,  and  to  secure  to  them  the  exclusive 
right  to  such  springs. — 

Section  4.  And  be  it  further  enacted  that  said  corporation  shall 
have  power  to  convey  the  water  from  any  such  spring  or  springs  to 
said  Lancaster  street  and  there  to  distribute  the  same  by  means  of 
an  aqueduct  and  cisterns  to  be  by  them  built  for  that  purpose, 
provided  the  land  upon  which  said  aqueduct  and  cisterns  are  built 
is  owned  by  said  corporation,  or  the  owners  of  such  land  shall  have 
previously  consented  thereto. 

Section  5.  And  be  it  further  enacted  that  the  share  or  shares  of 
any  of  said  proprietors  may  be  transferred  by  deed  duly  executed 
and  acknowledged  and  recorded  by  the  clerk  of  said  proprietors  on 
their  records,  and  the  share  or  shares  of  any  proprietor  may  be  sold 
by  said  corporation  on  nonpayment  of  assessment  duly  made,  agree- 
able to  the  bylaws  that  may  be  agreed  upon  by  said  corporation. — 


[CHAPTER  17.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Cheshire  Manufacturing  Com- 
pany. 

[Approved  June  21,  1823.  Original  Acts,  vol.  27,  p.  113;  recorded  Acts, 
vol.  22,  p.  332.     See  act  of  July  9,  1846,  Session  Laws,  1846,  Chap.  428.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Thomas  S.  Fullerton, 
Nathaniel  Fullerton,  William  Henry,  Thomas  T.  Barrett,  Thomas 
Robinson,  Artemas  Lawrence,  William  Wilder,  Jonas  M.  Melville, 
William  Ainsworth  and  their  associates  and  successors  be  and  they 
hereby  are  incorporated  and  made  a  body  politic  forever  by  the 
name  of  the  Cheshire  Manufacturing  Company,  and  in  that  name 
may  sue  and  be  sued,  prosecute  and  be  prosecuted,  defend  and  be 
defended  to  final  judgment  and  execution  and  shall  be  and  hereby 
are  vested  with  all  the  privileges  and  powers  which  by  law  are 
incident  to  corporations  of  a  similar  nature  and  also  may  have  and 
use  a  common  seal  which  they  may  break  alter  or  renew  at  pleas- 
ure.— 

Section  2.  And  be  it  further  enacted  that  said  corporation  be, 
and  the  same  is  hereby  empowered,  to  carry  on  the  manufacture 
of  cotton  goods  and  such  other  branches  of  trade  and  manufacture 
as  shall  be  necessarily  or  conveniently  connected  therewith  at  Jaf- 
frey  and  may  erect  such  mills,  works,  dams,  machines  and  build- 
ings as  may  be  necessary  for  carrying  on  these  useful  manufactures 
and  branches  of  business. — 


200  LAWS   OF    NEW   HAMPSHIRE 

Section  3. — And  be  it  further  enacted  that  the  said  corporation 
be  and  the  same  is  hereby  authorized  to  acquire  by  purchase  or 
otherwise  and  to  hold  and  enjoy  such  real  or  personal  estate  as  may 
be  necessary  and  useful  in  conducting  the  business  of  said  factory, 
the  same  to  sell,  convey  and  dispose  of  at  pleasure:  Provided,  the 
estate  held  by  said  corporation  shall  not  at  any  time  exceed  one 
hundred  and  fifty  thousand  dollars;  and  the  said  capital  or  joint 
stock  may  be  divided  into  as  many  shares  as  the  proprietors  at  a 
legal  meeting  shall  agree  and  decide;  and  in  like  manner  the  said 
proprietors  may  agree  on  the  manner  of  transferring  them,  and  may 
elect  an  agent  or  agents  and  such  other  officers  and  servants  as  may 
be  deemed  necessary  and  prescribe  their  respective  duties;  may 
order  assessments  and  fix  the  time  of  their  payment;  may  limit  the 
amount  which  said  assessments  shall  not  exceed,  without  the  con- 
sent of  all  the  proprietors;  may  pass  by-laws  for  their  regulation 
and  government  and  may  do  and  transact  any  other  business  in 
relation  to  the  concerns  and  for  the  benefit  of  said  corporation;  all 
elections  and  all  other  questions,  if  required,  shall  be  determined 
by  a  majority  of  votes  present  or  represented  at  any  meeting,  ac- 
counting &  allowing  one  vote  to  each  share  in  all  cases,  and  all 
representations  shall  be  in  writing  signed  by  the  person  represented 
and  filed  with  the  Clerk. 

Section  4.  And  be  it  further  enacted  that  the  shares  in  said  cor- 
poration shall  be  liable  and  holden  for  all  assessments  legally  made 
thereon,  and  upon  the  non  payment  of  such  assessments  or  any  part 
thereof  for  the  space  of  thirty  days  after  the  same  shall  have  become 
due  and  payable  the  Treasurer  may  proceed  in  the  manner  pre- 
scribed in  the  by-laws  of  said  corporation  to  advertise  and  sell  at 
public  auction  such  delinquent  shares  or  so  many  of  them  as  may 
become  necessary  to  pay  the  sums  due  thereon,  with  incidental 
charges. — 

Section  5 — And  be  it  further  enacted,  that  the  said  Thomas  S. 
Fullerton,  Artemas  Lawrence  and  William  Ainsworth  or  any  two 
of  them  be  authorized  to  call  the  first  meeting  of  said  company  to 
be  holden  at  any  suitable  time  and  place  by  publishing  a  notice 
thereof  in  some  newspaper  printed  in  the  County  of  Cheshire  three 
weeks  successively  before  said  meeting. — 


LAWS  OF   NEW  HAMPSHIRE  201 

[CHAPTER  18.] 

State  of  ) 

New  Hampshire.  \ 

An  act  repealing  an  act  entitled  "An  act  for  the  preserva- 
tion   OF    FISH   IN    BEAVER   POND   SO   CALLED   IN    LONDONDERRY    IN 

the  County  of  Rockingham 

[Approved  June  21,  1823.  Original  Acts,  vol.  27,  p.  114;  recorded  Acts, 
vol.  22,  p.  335.  Session  Laws,  1823,  Chap.  18.  The  act  referred  to  is  printed 
in  Laws  of  New  Hampshire,  vol.  8,  p.  766.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  an  Act  entitled  "An  act  for  the  pre- 
servation of  fish  in  beaver  pond  so  called  in  Londonderry  in  the 
County  of  Rockingham"  passed  June  17.  1819  be  and  the  same 
hereby  is  repealed. — 

[CHAPTER  19.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  authorizing  the  Superior  Court  of  Judicature,  to  ap- 
point Auditors,  in  certain  cases. 

[Approved  June  23,  1823.  Original  Acts,  vol.  27,  p.  115;  recorded  Acts, 
vol.  22.  p.  336.  Session  Laws,  1823,  Chap.  19.  Laws,  1824  ed.,  p.  187;  id., 
1830  ed.,  p.  377.  See  acts  of  June  22,  1826,  post;  December  28,  1836,  Session 
Laws.  November,  1836,  Chap.  279,  and  Julv  4,  1837,  id.,  18^7,  Chap.  328. 
Repealed  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  Ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened 

That  whenever  in  any  Action  before  the  Superior  Court  of  Judi- 
cature, it  shall  appear  to  said  Court  that  an  investigation  of  Accounts, 
or  an  examination  of  vouchers  is  necessarv.  for  the  purpose  of  Jus- 
tice between  the  parties,  it  shall  be  lawful  for  the  said  Court  to  ao- 
point  an  Auditor,  or  Auditors,  to  state  the  Accounts  between  the 
parties,  and  make  report  thereof  to  the  Court  as  soon  as  may  be, 
and  the  report  so  made,  shall  under  the  direction  of  said  Court  be 
given  in  evidence  to  the  jury,  subiect  however  to  be  impeached, 
by  evidence  from  either  partv;  and  the  said  Court  shall  award  rea- 
sonable comoensation  to  such  Auditor,  or  Auditors,  which  shall  be 
taxed  in  the  Bill  of  Cost,  to  be  recovered  by  the  party  prevailing  in 
the  suit  as  in  other  cases. 

Section  2'1  Be  it  further  enacted  that  when  any  person,  or  per- 
sons, parties  to  any  action  pending  in  said  Court,  in  which  action 
said  Justices  shall  appoint  an  Auditor,  or  Auditors  to  state  the  Ac- 


202  LAWS  OF   NEW  HAMPSHIRE 

counts,  between  the  parties  as  aforesaid;  shall  unreasonably  refuse, 
or  neglect  to  appear,  at  the  time  and  place  assigned  by  the  Auditors, 
or  after  appearing  shall  refuse,  or  neglect  to  render  an  account,  or 
produce  such  books,  and  papers,  and  to  answer  on  oath  such  inter- 
rogatories relating  to  the  matter  in  controversy,  as  may  be  pertinent, 
and  material;  the  Auditors  may  certify  such  refusal  or  neglect  to 
the  Court,  from  which  their  appointment  issued;  and  the  same  Court 
may  thereupon  cause  damages  to  be  assessed,  by  a  Jury,  and  enter 
up  judgement  for  the  damages  so  assessed  with  reasonable  costs, 
or  they  may  render  judgment  against  the  Defendant  as  upon  de- 
fault or  against  the  Plaintiff  as  upon  nonsuit. 


[CHAPTER  20.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  repeal  an  Act,  passed  June  2  8th  1818.  entitled  "an 
Act  in  addition  to  an  Act,  entitled  an  Act,  prescribing  the 
duty  and  directing  the  mode  of  choosing  registers  of 
Deeds,  and  County  Treasurers", 

[Approved  June  24,  1823.  Original  Acts,  vol.  27,  p.  116;  recorded  Acts, 
vol.  22,  p.  338.  Session  Laws,  1823,  Chap.  20.  Laws,  1824  ed.,  p.  190.  The 
act  referred  to  is  dated  June  23,  1818,  Laws  of  New  Hampshire,  vol.  8,  p. 
690.  See  acts  of  June  8,  1791,  id.,  vol.  5,  p.  743;  June  10,  1802,  id.,  vol.  7,  p. 
54;  act  immediately  following;  act  of  July  5,  1827,  post,  and  June  25,  1830, 
Session  Laws,  1830,  Chap.  8.] 

Section  1.  Be  it  enacted  by  the  Senate,  and  House  of  Repre- 
sentatives, in  General  Court  convened:  that  the  Act  aforesaid,  be 
and  the  same  is  hereby  repealed. 


[CHAPTER  21.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act,  entitled  an  Act,  prescribing 
the  duty,  and  directing  the  mode  of  choosing  registers  of 
Deeds,  and  County  Treasurers. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  117;  recorded  Acts, 
vol.  22,  p.  339.  Session  Laws.  1823,  Chap.  21.  Laws,  1824  ed.,  p.  190.  See 
act  immediately  preceding.     Repealed  July  5,  1827,  post.'] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  if  any  Town  Clerk,  shall 
neglect,  or  refuse  to  make  return  of  votes  for  Register  of  Deeds  and 
County  Treasurer,  as  by  the  Act,  to  which  this  is  in  addition,  he  is 


LAWS   OF   NEW   HAMPSHIRE  203 

directed  to  do;  he  shall  forfeit  and  pay  for  the  use  of  the  County,  a 
sum  not  exceeding  fifty  dollars,  nor  less  than  twenty  dollars. — 

Section  2.  And  be  it  further  enacted,  that  the  Clerks,  of  the 
several  Courts  of  Sessions,  soon  as  may  be,  after  the  return  day  of 
said  votes  in  their  respective  Counties,  shall  give  information  to  the 
Attorney  General  of  all  violations  of  this  Act — that  such  offending 
Town  Clerks  may  be  prosecuted  by  information,  indictment,  or 
otherwise,  in  any  Court  proper  to  try  the  same — 

provided  that  all  suits  brought  for  penalties  incurred,  by  breaches 
of  this  Act,  shall  be  commenced  within  six  months  from  the  return 
day  of  said  votes,  as  aforesaid — 


[CHAPTER  22.] 


State  of  \ 

New  Hampshire.  ] 


An  act  in  addition  to  an  act  entitled  "an  act  to  incorporate 
the  Directors  of  the  Noyes  School  in  the  town  of  An- 

DOVER. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  118;  recorded  Acts, 
vol.  22,  p.  341.    The  act  referred  to  is  dated  July  2,  1822,  ante,  p.  138.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  Directors  of  Noyes  School  in 
Andover  incorporated  by  the  Legislature  of  this  State  by  an  act 
approved  July  2.  1822  may  hereafter  possess  and  hold  free  from 
taxation  real  estate  to  the  value  of  four  thousand  dollars  and  per- 
sonal estate  to  the  amount  of  six  thousand  dollars,  instead  of  the 
five  thousand  dollars  exempted  from  taxation  in  and  by  the  act 
aforesaid — 


[CHAPTER  23.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  establish  a  corporation  by  the  name  of  the  Smith- 
ville  Factory. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  119;  recorded  Acts, 
vol.  22,  p.  342.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Thomas  Baker,  John 
Cavender,  Robert  Smith,  Charles  Tappan,  Isaac  Mansfield,  their 
associates,  successors  and  assigns,  be,  and  they  hereby  are  incor- 
porated by  the  name  of  the  Smithville  Factory;  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 


204  LAWS   OF   NEW   HAMPSHIRE 

execution,  and  be  known  and  distinguished  in  their  acts  and  pro- 
ceedings, in  all  cases  whatever;  and  shall  be  and  hereby  are  vested 
with  all  the  powers  and  privileges  which  are  by  law  incident  to  cor- 
porations of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  said  Corporation  is 
hereby  empowered  to  carry  on  the  manufacture  of  Cotton  and  other 
goods,  and  the  business  necessarily  and  conveniently  connected 
therewith,  at  Northfield  in  the  county  of  Rockingham,  and  may  con- 
struct and  erect  such  dams,  mills,  works  and  buildings,  as  may  be 
necessary  &  convenient  for  carrying  on  and  conducting  these  useful 
manufactures. 

Sec.  3.  And  be  it  further  enacted,  That  said  Corporation  is 
hereby  authorized  to  acquire  by  purchase,  or  otherwise,  and  to  hold 
and  enjoy  such  real  and  personal  estate,  as  may  be  necessary  and 
useful  in  conducting  the  business  of  said  Factory,  upon  its  present 
or  a  more  enlarged  scale;  and  the  same  to  sell,  convey  and  dispose 
of  at  pleasure:  provided  the  estate  holden  by  said  Corporation  shall 
not  at  any  time  exceed  one  hundred  and  fifty  thousand  dollars. 

Sec.  4.  And  be  it  further  enacted,  that  Thomas  Baker,  John 
Cavender,  and  Robert  Smith,  or  any  two  of  them,  may  call  the  first 
meeting  of  said  Corporation  by  giving  ten  days'  personal  notice,  or 
by  advertising  in  some  newspaper  printed  in  the  county  of  Rock- 
ingham, giving  at  least  twenty  days  notice  of  the  time,  place  and 
design  of  such  meeting;  at  which  they  shall  choose  a  Secretary  or 
Clerk,  who  shall  be  sworn  faithfully  to  discharge  the  duties  of  his 
office,  and  whose  duty  it  shall  be  to  record  the  proceedings  of  said 
Corporation,  and  perform  such  other  services  as  may  be  lawfully 
required  of  him:  And  at  the  same,  or  any  subsequent  meeting  duly 
holden,  the  said  members  may  agree  on  the  manner  of  calling  their 
future  meetings;  may  divide  their  capital  or  joint  stock  into  any 
number  of  shares,  not  exceeding  one  hundred,  and  agree  on  the 
manner  of  transferring  them;  may  order  assessments,  and  fix  the 
time  in  which  they  shall  be  paid;  elect  a  Treasurer,  agent  or  agents, 
and  such  other  officers  and  servants  as  they  may  deem  necessary, 
and  prescribe  their  duties;  pass  by-laws  for  their  regulation  and 
government,  and  do  and  transact  any  business  in  relation  to  the 
concerns  and  for  the  benefit  of  said  Corporation.  All  elections,  and 
all  other  questions,  if  required,  shall  be  determined  by  a  majority 
of  votes  present,  or  represented  at  any  meeting,  accounting  and 
allowing  one  vote  to  each  share  in  all  cases;  and  all  representations 
shall  be  made  in  writing,  signed  by  the  person  represented  and  filed 
with  the  Secretary. 

Sec.  5.  And  be  it  further  enacted,  That  the  shares  in  said  Cor- 
poration shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments legally  made  thereon,  and  upon  non-payment  of  such  assess- 
ments, or  any  part  thereof,  for  the  space  of  thirty  days  after  the 
same  shall  have  become  due  and  payable,  the  Treasurer  may  pro- 


LAWS   OF   NEW   HAMPSHIRE  205 

ceed  in  the  manner  prescribed  in  the  by-laws  of  said  Corporation, 
to  advertise  and  sell  at  publick  auction  such  delinquents'  shares,  or 
so  many  of  them  as  may  be  necessary  to  pay  the  sums  due  thereon 
with  incidental  charges. 


[CHAPTER  24.] 

State  of  I 

New  Hampshire.  \ 

An  Act  authorizing  school  district  numbered  ten  in  the 
town  of  Concord  to  hold  five  eighths  of  an  acre  of  land 
as  a  school-house  lot. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  120;  recorded  Acts, 
vol.  22,  p.  345.     See  act  of  July  4,  1829,  Acts,  vol.  27,  p.  187.] 

BE  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  school  district,  numbered  ten 
in  the  town  of  Concord  and  county  of  Rockingham,  be,  and  hereby 
is  authorized  and  empowered  to  possess  and  hold,  in  fee  simple,  five 
eighths  of  an  acre  of  land,  as  a  school-house  lot,  whereon  to  erect  a 
school-house  or  school-houses,  and  other  buildings  for  the  accommo- 
dation of  a  school  or  schools  in  said  district;  and  to  maintain  any 
action  of  ejectment  or  trespass  against  any  person  or  persons  who 
may  enter  upon,  or  do  damage  to  said  land,  or  to  the  buildings 
thereon,  and  the  same  to  pursue  to  final  judgment  and  execution, 
as  fully  and  effectually  as  school  districts  may  by  law  prosecute  for 
trespasses  on  school  house  lots  not  exceeding  one  fourth  part  of 
an  acre. 


[CHAPTER  25.] 

State  of  I 

New  Hampshire.  \ 

An  Act  defining  the  powers  and  duties  of  assessors  of  taxes. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  121 ;  recorded  Acts, 
vol.  22,  p.  346.  Session  Laws,  1823,  Chap.  25.  Laws,  1824  ed.,  p.  188.  Re- 
pealed by  act  of  June  28,  1827,  post.] 

Whereas  doubts  have  arisen,  whether  assessors  of  taxes  in  such 
towns  as  may  choose  the  same,  have  the  whole  power  of  assessing 
taxes,  or  whether  in  such  assessments  they  must  act  jointly  with 
the  Selectmen  of  such  towns;  for  removal  of  which  doubts, — 

Sect.  1. — Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  from  and  after  the  passing  of 


206  LAWS  OF   NEW  HAMPSHIRE 

this  Act,  assessors  of  taxes  in  every  town  that  may  choose  the  same, 
shall,  together  with  the  Selectmen  of  such  town,  constitute  a  joint 
board  for  the  assessment  of  taxes;  and  all  questions  arising  at  such 
board  shall  be  decided  by  the  major  vote  of  the  joint  members 
thereof. 


[CHAPTER  26.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  create  a  corporation  by  the  name  of  the  Proprie- 
tors of  the  Eaton  Library. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  122;  recorded  Acts, 
vol.  22,  p.  347.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  Flanders,  John 
March  and  Robinson  Blasdell  and  their  associates  and  successors 
be  and  they  hereby  are  created  a  corporation  by  the  name  of  the 
Proprietors  of  the  Eaton  Library,  with  power  to  hold  personal 
estate  not  exceeding  five  thousand  dollars  in  value  for  the  support 
of  said  library  &  with  all  other  powers  incident  to  corporations  of 
a  similar  nature. 

Section  2.  And  be  it  further  enacted  that  Samuel  Flanders  may 
call  the  first  meeting  of  said  Proprietors  by  posting  up  notice  thereof 
at  two  public  places  in  the  town  of  Eaton  ten  days  previous  to  the 
time  of  holding  the  same. 


[CHAPTER  27.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  a  Provident  Institution  for  Savings, 
in  the  town  of  Portsmouth,  to  be  called  the  Portsmouth 
Savings'  Bank. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  123;  recorded  Acts, 
vol.  22,  p.  349.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Elijah  Hall  Hunking 
Penhallow,  Jeremiah  Mason,  James  Sheafe  Enoch  G.  Parrott, 
Nathaniel  A.  Haven,  John  Haven,  Edward  Cutts,  Henry  Ladd, 
Israel  W.  Putnam,  Nathan  Parker,  Sebastian  Streeter,  Charles 
Burroughs,  Timothy  Upham.  Ichabod  Bartlett,  Alexander  Ladd, 
Nathaniel  B.  March,  Jacob  Cutter,  James  Rundlett,  Titus  Salter, 


LAWS  OF   NEW   HAMPSHIRE  20J 

John  W.  Foster,  Jacob  Wendell,  Theodore  Chase,  and  John  M'Clin- 
tock — be  and  they  hereby  are  incorporated  into  a  Society  by  the 
name  and  style  of  the  Portsmouth  Savings  Bank;  and  that  they, 
and  such  others  as  shall  be  duly  elected  members  of  said  corpora- 
tion at  the  annual  meetings  thereof,  according  to  such  by-laws  as 
may  hereafter  be  established,  shall  be  and  remain  a  body  politic 
and  corporate  by  said  name  and  style  forever,  for  the  purpose  of 
enabling  industrious  persons  of  all  descriptions  to  invest  such  parts 
of  their  earnings  as  they  can  conveniently  spare,  in  a  safe  and 
profitable  manner;  and  with  all  the  powers  and  privileges,  and 
subject  to  all  the  liabilities  of  corporations  of  this  nature. 

Sect.  2.  And  be  it  further  enacted  that  the  said  corporation 
shall  be  capable  of  receiving  from  any  person  or  persons  disposed 
to  enjoy  the  advantages  of  said  Savings'  Bank  any  deposit,  or  de- 
posits of  money  or  other  personal  property,  and  to  use,  manage, 
and  improve  the  same  for  the  benefit  and  advantage  of  the  person 
or  persons  by,  or  for  whom  the  same  shall  be  deposited  respectively; 
and  the  net  income  and  profits  of  all  deposits  of  money  received 
by  said  corporation,  shall  be  paid  out  and  distributed  in  just  pro- 
portions, among  the  several  persons  by  or  for  whom  the  said  de- 
posits shall  have  been  made,  and  all  such  deposits  may  be  with- 
drawn by  the  persons  entitled  thereto,  at  such  reasonable  times  and 
in  such  manner  as  said  corporation  in  it's  by-laws  may  direct  and 
appoint;  or  according  to  such  lawful  conditions  and  limitations  as 
the  depositors  agreeably  to  the  regulations  of  said  society,  may 
respectively  have  prescribed  and  annexed  to  their  deposits. 

Sect.  3.  And  be  it  further  enacted  that  the  said  corporation 
shall  be  capable  of  receiving  and  holding  such  buildings  and  real 
estate  as  shall  be  necessary  and  convenient  for  managing  their 
affairs:  provided  that  such  real  estate  held  at  any  one  time  for  the 
purpose  aforesaid,  shall  not  have  exceeded  in  value  at  the  time  of 
the  purchase  or  acceptance  thereof  by  said  corporation,  the  sum 
of  six  thousand  dollars.  And  the  said  corporation  shall  be  further 
able  to  take,  hold,  and  dispose  of  any  real  estate  whatsoever,  which 
may  be,  bona  fide,  mortgaged  or  pledged  for  the  security  of  it's 
loans  or  debts  due  to  it;  or  which  may  be  bona  fide  conveyed  to, 
or  taken  by  said  corporation  in  satisfaction  or  discharge  of  debts, 
demands,  or  liabilities,  which  shall  have  been  previously  contracted 
or  incurred. 

Sect.  4.  And  be  it  further  enacted  that  said  corporation  shall 
not  make  and  issue  any  bill,  or  promissory  note  to  circulate  as  cur- 
rency. And  the  President  and  members  of  said  corporation  shall 
receive  no  compensation  for  their  services  in  said  Savings'  Bank, 
nor  derive  any  emolument  therefrom;  provided  however  that  a 
reasonable  allowance  may  from  time  to  time  be  made  to  their 
Treasurer,  or  Secretary.  And  the  books  and  accounts  of  said  cor- 
poration shall  at  all  times  be  open  to  the  inspection  of  the  Governor 


208  LAWS  OF  NEW  HAMPSHIRE 

of  this  State;  of  any  Justice  of  the  Superior  Court  of  Judicature; 
or  of  a  committee  for  that  purpose  appointed,  of  either  branch  of 
the  Legislature. 

Section  5.  And  be  it  fufther  enacted,  that  the  number  of  mem- 
bers of  said  corporation  shall  not  exceed  forty  at  one  time;  And 
any  number  not  less  than  seven  shall  constitute  a  quorum  for  the 
transaction  of  business  at  the  annual  and  other  meetings  of  the 
members  of  said  corporation,  provided  that  such  meetings  shall  have 
been  duly  notified  in  conformity  to  the  by-laws  of  said  corpora- 
tion; and  provided  further  that  said  corporation  may  by  their  by- 
laws require  the  attendance  of  one  or  more  of  their  officers  by 
them  designated  to  constitute  a  quorum  for  the  election  of  new 
members  in  addition  to  the  number  of  members  herein  before  pre- 
scribed. 

Sect.  6.  And  be  it  further  enacted  that  Enoch  G.  Parrott,  Jacob 
Cutter  and  Alexander  Ladd  or  any  two  of  them  be  and  they  hereby 
are  authorized  to  call  the  first  meeting  of  said  corporation  at  such 
time  and  place,  and  in  such  manner  as  they  shall  judge  proper 


[CHAPTER  28.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  establish  a  corporation  by  the  name  of  the  Town 
of  Merrimac  Manufacturing  Company. 

[Approved  June  26,  1823.  Original  Acts,  vol.  27,  p.  124;  recorded  Acts, 
vol.  22,  p.  352.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Charles  H  Atherton, 
David  Holmes,  Matthias  Spalding,  David  McGregor  Means,  Fred- 
erick French  and  their  associates,  their  successors  and  assigns  be 
and  they  hereby  are  incorporated  by  the  name  of  the  Town  of 
Merrimac  Manufacturing  Company,  and  by  that  name  may  sue 
and  be  sued,  and  shall  be  and  hereby  are  vested  with  all  the  powers 
and  privileges  incident  by  law  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  said  corporation  is 
hereby  empowered  to  carry  on  any  lawful  manufacture  of  raw  or 
prepared  materials  into  goods,  wares  and  merchandize  at  Merrimac 
in  the  County  of  Hillsborough,  and  for  that  purpose  to  acquire  by 
purchase  or  otherwise  and  to  hold  and  enjoy  personal  and  real 
estate  at  any  one  time  to  the  value  of  two  hundred  thousand  dollars 
and  the  same  to  sell,  transfer  and  dispose  of  at  pleasure. 

Section  3.  And  be  it  further  enacted,  that  Charles  H.  Atherton, 
David  Holmes,  Matthias  Spalding,  or  any  two  of  them,  may  call  the 


LAWS  OF   NEW   HAMPSHIRE  209 

first  meeting  thereof  by  giving  ten  days  personal  notice,  or  by  ad- 
vertizing it  in  some  newspaper  printed  in  the  County  of  Hills- 
borough, giving  at  least  twenty  days  notice  of  the  time,  place  and 
design  of  such  meeting;  at  which  they  shall  choose  a  clerk  who 
shall  be  sworn  faithfully  to  discharge  the  duties  of  his  office,  who 
shall  record  their  proceedings  and  perform  such  other  duties  as  the 
bye-laws  may  require;  and  at  the  same  or  any  subsequent  meeting 
duly  holden  may  agree  on  the  manner  of  calling  future  meetings, 
may  divide  their  stock  into  any  number  of  shares  not  exceeding 
sixty  four,  and  agree  on  the  manner  of  transferring  them,  may 
order  assessments,  elect  a  Treasurer,  such  agents,  officers,  and 
servants  as  they  may  deem  necessary  and  prescribe  their  duties; 
pass  bye-laws  for  their  regulation  and  government  and  do  and 
transact  all  such  matters  and  things  as  have  relation  to  their  con- 
cerns; a  majority  of  votes  present  or  represented  shall  decide  all 
questions  before  any  meeting  of  the  corporation  counting  one  vote 
to  each  share  in  all  cases;  and  all  representations  shall  be  in  writ- 
ing, signed  by  the  person  represented  and  filed  with  the  Clerk. 

Section  4.  And  be  it  further  enacted,  that  the  shares  in  said  cor- 
poration shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments legally  made  thereon  and  upon  the  non-payment  of  such  as- 
sessments or  any  part  thereof  for  the  space  of  thirty  days  after  the 
same  shall  have  become  due  and  payable,  the  Treasurer  may  pro- 
ceed in  the  manner  prescribed  in  the  by-laws  to  advertise  and  sell 
at  public  auction  such  delinquent  shares  or  so  many  of  them  as  may 
[be]  necessary  to  pay  the  sums  due  thereon  with  incidental 
charges. 


[CHAPTER  29.] 


State  of  ) 

New  Hampshire.  \ 


An  act  forming  the  towns  of  Whitefield  and  Dalton  in  the 
County  of  Coos  into  one  class  ;  and  the  towns  of  Bethle- 
hem, Franconia  and  Lincoln  in  the  County  of  Grafton 
into  another  class,  for  the  choice  of  representatives  to 
the  General  Court. — 

[Approved  June  26.  1823.  Original  Acts,  vol.  27,  p.  125:  recorded  Acts, 
vol.  22.  p.  355.  Session  Laws.  1823,  Chap.  29.  See  act  of  June  11,  181 1, 
Laws  of  New  Hampshire,  vol.  8,  p.  7.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convenpd.  that  from  and  after  the  passing  of 
this  Act  the  towns  of  Whitefield  and  Dalton  in  the  County  of  Coos, 
be  and  the  same  are  hereby  clasped  for  the  purpose  of  sending  a 

14 


2IO  LAWS   OF   NEW   HAMPSHIRE 

Representative  to  the  General  Court.  Also,  that  the  towns  of  Beth- 
lehem, Franconia  and  Lincoln  in  the  County  of  Grafton  be  and  the 
same  are  hereby  classed  for  the  purpose  of  sending  a  Representative 
to  the  General  Court. 

Sec.  2.  And  be  it  further  enacted,  that  the  first  meeting  of  the 
class  composed  of  the  towns  of  Whitefield  and  Dalton  shall  be  held 
in  the  town  of  Whitefield,  and  the  following  meetings  shall  be  held 
alternately  in  said  towns  of  Whitefield  and  Dalton  in  the  same 
manner  as  is  by  law  prescribed  for  other  classes  in  this  State  for  the 
choice  of  Representatives,  so  long  as  said  towns  shall  continue  to  be 
so  classed. — 

Sec.  3.  And  be  it  further  enacted,  that  the  first  meeting  of  the 
class  composed  of  the  towns  of  Bethlehem,  Franconia  and  Lincoln, 
shall  be  held  in  the  town  of  Franconia,  and  the  following  meetings 
shall  be  held  alternately  in  said  towns  of  Franconia  and  Bethlehem, 
in  the  same  manner  as  is  prescribed  by  law  for  other  classes  in  this 
state  for  the  choice  of  representatives  so  long  as  said  towns  shall 
continue  to  be  so  classed. 

Sec.  4.  And  be  it  further  enacted,  that  all  laws  heretofore  made 
which  relate  to  the  classification  of  the  towns  aforesaid,  for  the 
choice  of  Representatives  to  the  General  Court,  be  and  the  same  are 
hereby  repealed. 


[CHAPTER  30.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  disannex  the  town  of  Chatham  from  the  County 
of  coos  and  annex  the  same  to  the  county  of  strafford. 

[Approved  June  26,  1823.  Original  Acts,  vol.  28,  p.  1 ;  recorded  Acts, 
vol.  22,  p.  357.  Session  Laws,  1823,  Chap.  30.  Repealed  by  act  of  January 
2,  1829,  post.] 

Sect.  1 — Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  said  town  of  Chatham, 
with  the  inhabitants  thereof  be,  and  the  same  hereby  is  disannexed 
from  the  County  of  Coos,  and  annexed  to,  and  made  a  part  of  the 
County  of  Strafford;  any  law  to  the  contrary  notwithstanding:  Pro- 
vided, that  nothing  herein  contained  shall  exonerate  the  said  town  of 
Chatham  from  its  liability  for  all  taxes  and  assessments  imposed 
by  law  and  payable  to  said  County  of  Coos,  or  other  dues  to  said 
County. 


LAWS   OF    NEW   HAMPSHIRE  .      211 

[CHAPTER  31.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  disannex  the  farms  of  Jonathan  Hardy  and  Ed- 
ward Shirley  from  Conway,  and  annex  them  to  Chatham. 

[Approved  June  26,  1823.  Original  Acts,  vol.  28,  p.  2;  recorded  Acts, 
vol.  22,  p.  358.    Session  Laws,  1823,  Chap.  32.^ 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  the  northeast  corner  lot  in 
the  town  of  Conway,  containing  one  hundred  acres,  being  the  farms 
occupied  by,  and  whereon  Jonathan  Hardy  and  Edward  Shirley  now 
live,  be,  and  the  same  hereby  is,  together  with  the  said  Hardy  and 
Shirley,  disannexed  from  the  town  of  said  Conway,  and  annexed  to 
and  made  a  part  of  the  town  of  Chatham:  Provided,  that  the  said 
Hardy  and  Shirley  shall  not  hereby  be  exonerated  from  any  liability 
for  such  taxes  or  assessments  as  have  been  legally  made  against 
them  by  said  town  of  Conway. 


[CHAPTER  32.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act,  entitled  "an  act  to  incorporate 
certain  persons  by  the  name  of  the  Proprietors  of  Dalton 
Bridge" — approved  June  27,  181 8. 

[Approved  June  28,  1823.  Original  Acts,  vol.  28,  p.  3;  recorded  Acts, 
vol.  22,  p.  359.  Session  Laws.  1823,  Chap.  33.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  8,  r>.  729.  See  also  acts  of  Decem- 
ber 23,  1828,  post;  December  2j,  1844,  Session  Laws,  November.  1844, 
Chap.  202:  December  26,  1848,  id.,  November,  1848,  Chap.  796,  and  July  2, 
1870,  id.,  1867-71,  p.  468.] 

Whereas  the  time  allowed  to  s?id  proprietors  in  and  by  said  act 
for  the  completion  of  said  bridge,  has  been  found  to  be  insufficient 
for  that  purpose:  Therefore, 

Be  it  enacted  by  the  Spnate  and  House  of  Representatives  in 
General  Court  convened.  That  th^re  be  granted  and  allowed  to  the 
proprietors  of  the  said  Dalton  Bridge  the  farther  time  of  three  years 
from  the  twentv  seventh  day  of  June  instant  to  complete  the  build- 
ing of  said  Bridge;  and  th^t  the  s^id  act.  to  which  this  is  in  addition. 
be  and  continue  to  remain  in  full  force  the  said  farther  term  of 
three  years  in  the  same  manner  as  if  the  said  original  act  had  been 
limited  to  the  term  of  eieht  years  instead  of  five  years  from  the 
passing  thereof;  any  thing  therein  to  the  contrary  notwithstanding. 


212  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  33.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  establish  a  system  of  Police  in  the  town  of  Ports- 
mouth, AND  FOR  OTHER  PURPOSES. 

[Approved  June  28,  1823.  Original  Acts,  vol.  28,  p.  4;  recorded  Acts, 
vol.  22,  p.  361.  Session  Laws,  1823,  Chap.  72.  Laws,  1824  ed.,  p.  190;  id., 
1830  ed.,  p.  269.  This  act  repeals  act  of  June  18,  1807,  Laws  of  New  Hamp- 
shire, vol.  7,  p.  613.  See  also  acts  of  July  1,  1831,  Session  Laws,  1831,  Chap. 
S3,  and  July  4,  1837,  id.,  1837,  Chap.  343.  Repealed  December  23,  1842.  See 
Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  it  shall  be  the  duty  of  the 
Selectmen  of  the  town  of  Portsmouth,  every  year,  within  ten  days 
after  the  annual  town-meeting  for  the  choice  of  town  officers,  to 
appoint  and  commission  in  writing  under  their  hands,  or  the  hands 
of  the  major  part  of  them,  a  suitable  number  of  persons,  not  ex- 
ceeding seven,  who  shall  be  reputable  freeholders  and  inhabitants 
of  said  town  of  Portsmouth,  to  be  Police  Officers  within  said  town. 
And  said  Police  Officers  shall  be  sworn  to  the  faithful  discharge  of 
their  duty,  and  shall  be,  by  virtue  of  said  appointment,  constables 
and  conservators  of  the  peace;  and  shall  hold  their  offices  for  one 
year,  and  until  their  successors  shall  be  appointed  and  duly  quali- 
fied; and  shall  receive  such  compensation  for  their  services  as  the 
said  town  of  Portsmouth  shall  vote  at  any  legal  town  meeting. 

Sect.  2.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  in  any  street,  lane  or  alley,  or  in  any  public  place  in  the 
town  of  Portsmouth,  be  guilty  of  any  rude,  indecent  or  disorderly 
conduct;  or  shall  insult,  or  wantonly  impede  any  person  or  persons 
passing  therein;  or  shall  sing  or  repeat,  or  cause  to  be  sung  or  re- 
peated any  lewd,  obscene,  or  profane  songs;  or  shall  speak  or  repeat 
any  lewd,  obscene  or  profane  words;  or  shall  within  said  town  of 
Portsmouth  write  or  mark  in  any  manner  any  obscene  or  profane 
word,  or  obscene  and  lascivious  figure  or  representation  on  any 
building,  fence,  wall,  post,  or  other  thing  whatsoever,  or  shall  wan- 
tonly injure  or  deface  any  building,  fence,  wall,  post,  sign-board,  or 
sign;  or  shall  wantonly  cut  and  injure  any  tree  standing  in  the 
streets  or  highways  of  said  town;  or  shall  rob  any  garden,  or  field, 
of  fruit  or  vegetables,  or  shall  wantonly  injure  any  trees,  shrubs,  or 
bushes  growing  therein;  or  shall  without  lawful  permission  climb 
on  or  over  the  fences  of  any  garden  or  yard;  or  shall  be  found 
drunk  in  any  street,  lane,  alley  or  public  place;  or  shall  within  said 
town  use  any  juggling  or  unlawful  games  or  plays;  or  shall  be  a 
common  night-walker  or  prostitute;  or  shall  make  any  brawls  or 
tumult;   or  shall  wantonly  or  knowingly  raise  or  repeat  any  false 


LAWS   OF   NEW  HAMPSHIRE  2  I  3 

cry  of  fire;  that  every  such  person  for  every  such  act,  shall  be  taken 
and  deemed  to  be  an  offender  against  the  police  of  Portsmouth,  and 
shall  be  liable  to  the  penalties  herein  after  expressed. 

Sect.  3.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  in  any  public  place,  or  at  any  wharf,  in  the  town  of  Ports- 
mouth, or  within  the  view  of  any  dwelling-house,  or  of  any  public 
street,  road  or  wharf  in  said  town,  in  the  day  time  bathe  or  swim 
without  necessity,  or  expose  his  or  her  person  indecently  in  dress- 
ing or  undressing  for  the  purpose  of  bathing  or  swimming,  or  other- 
wise, without  necessity,  every  such  person,  for  every  such  act,  shall 
be  taken  and  deemed  to  be  an  offender  against  the  police  of  Ports- 
mouth, and  shall  be  liable  to  the  penalties  herein  after  expressed. 

Sect.  4.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  within  the  compact  part  of  the  town  of  Portsmouth,  that  is 
to  say,  within  one  mile  of  the  Court-house,  fire  or  discharge  any  can- 
non, gun,  pistol,  or  other  fire  arms,  or  beat  any  drum  (except  by  the 
command  of  a  military  officer  having  authority  therefor)  or  fire  or 
discharge  any  rockets,  squibs,  crackers,  or  any  preparation  of  gun- 
powder (except  by  the  permission  of  the  Police  Officers,  or  of  a 
major  part  of  them  first  had  in  writing)  or  shall  make  any  bonfire; 
or  shall  in  any  street,  lane,  alley,  or  other  public  place  within  the 
aforesaid  limits,  throw  any  stones,  bricks,  snowballs,  or  dirt,  or  play 
at  ball  or  any  game  in  which  ball  is  used,  or  play  at  any  game  what- 
soever for  money;  or  smoke  any  pipe,  or  cigar;  every  such  person, 
for  every  such  act,  shall  be  taken  and  deemed  to  be  an  offender 
against  the  police  of  Portsmouth,  and  shall  be  liable  to  the  penalties 
herein  after  expressed. 

Sect.  5.  And  be  it  further  enacted,  That  if  any  person  or  persons 
shall  place  and  leave,  or  cause  to  be  placed  and  left  in  any  street, 
lane  or  alley,  or  other  public  place  within  the  compact  part  of  said 
town,  for  the  term  of  two  hours  by  day,  or  for  the  term  of  one  hour 
by  night,  without  inevitable  necessity,  any  sled,  wheel-barrow,  cart, 
trucks,  chaise,  or  other  carriage,  or  any  boxes,  crates,  casks,  tubs, 
or  other  vessel;  or  shall  suffer  any  cord-wood  or  fuel  to  remain  in 
any  such  street,  lane  or  alley  for  more  than  three  hours,  without 
inevitable  necessity;  or  shall  place  or  throw,  or  cause  to  be  placed  or 
thrown  into  any  such  street,  lane  or  alley,  any  dung,  dirt,  or  other 
matter  that  may  impede  the  free  passage  of  said  street,  and  suffer 
the  same  to  remain  therein  without  inevitable  necessity  for  more 
than  two  hours  at  a  time;  or  shall,  without  such  necessity,  drive  any 
wheel  carriage,  or  sled,  or  wheel-barrow  on  or  over  the  side  pave- 
ments or  walks  of  such  street,  lane  or  alley,  or  ride  or  lead  any  horse 
thereon;  every  such  person  for  every  such  act  shall  be  taken  and 
deemed  to  be  an  offender  against  the  police  of  Portsmouth,  and  shall 
be  liable  to  the  penalties  herein  after  expressed. 

Sect.  6.  And  be  it  further  enacted,  That  the  Police  Officers  of 
said  town  of  Portsmouth  be,  and  they  hereby  are  authorized  to 


2  14  LAWS   OF    NEW   HAMPSHIRE 

make  from  time  to  time  such  regulations  as  they  may  deem  expedi- 
ent for  the  stands  of  hacks,  trucks,  and  carts  in  any  street,  lane,  or 
alley  within  the  compact  part  of  said  town;  and  for  the  height  and 
position  of  any  awning,  shade  or  other  fixture  that  may  be  erected  or 
placed  in  any  such  street,  lane  or  alley  in  front  of,  or  near  any 
building;  and  also,  respecting  any  obstructions  or  nuisances  in  any 
street,  lane  or  alley  within  the  compact  part  of  said  town  of  Ports- 
mouth; provided  that  said  regulations  be  first  approved  by  the 
Selectmen  of  said  town  for  the  time  being,  or  a  major  part  of  them; 
And  every  violation  of  such  regulations,  so  made  and  approved  as 
aforesaid,  shall  be  taken  and  deemed  to  be  an  offence  against  the 
police  of  Portsmouth;  and  every  person  so  offending  shall  be  liable, 
to  the  penalties  herein  after  expressed;  provided  always  however, 
that  no  prosecutions  shall  be  sustained  for  any  such  violation,  unless 
notice  be  given  of  the  passing  of  such  regulations,  by  causing  the 
same  to  be  published  in  the  newspapers  printed  in  said  town  a 
reasonable  time  before  they  shall  take  effect. 

Sect  7.  And  be  it  further  enacted,  That  every  person  duly  con- 
victed of  an  offence  against  the  police  of  Portsmouth  shall  be  pun- 
ished by  a  fine  not  exceeding  five  dollars,  nor  less  than  one  dollar, 
and  shall  pay  costs  of  prosecution,  and  shall  stand  committed  until 
the  same  be  paid;  and  if  said  person  so  convicted  be  a  minor,  under 
the  age  of  fourteen  years,  the  parent  or  guardian  of  such  minor  shall 
be  liable  to  pay  the  same,  and  an  action  of  debt  therefor  may  be 
brought  by  said  Police  Officers  in  the  name  of  the  town  of  Ports- 
mouth against  such  parent  or  guardian;  provided  such  parent  or 
guardian  shall  have  received  due  notice  of  the  time  and  place  of  trial 
of  such  minor,  for  such  offence:  And  all  penalties  adjudged  under 
this  act  shall  be  paid  to  the  magistrate  imposing  the  same,  and  shall 
be  by  him  paid  over  to  the  town  of  Portsmouth;  and  any  Justice  of 
the  Peace  in  the  county  of  Rockingham  may  have  cognizance  of  the 
offences  enumerated  in  this  act;  and  it  shall  be  no  cause  of  exception 
to  any  such  Justice,  that  he  resides,  or  has  property  in  the  town  of 
Portsmouth.  And  no  trial  shall  be  had  for  any  offence  mentioned 
in  this  act,  but  upon  complaint  first  made  on  oath;  and  the  form  of 
such  complaint  and  of  the  warrant  issued  thereon  shall  be  as  follows, 
towit; 

Form  of  Complaint. 
State  of  New-Hampshire. 

Rockingham,  ss.    The  information  and  complaint  of  A.B.  of 

in  the  county  of (as  the  case  may  be)   taken  and  made 

before  me,  E.F.  Esquire,  one  of  the  Justices  of  the  Peace  within 

and  for  said  county,  on  this day  of in  the  year  of 

our  Lord,  one  thousand  eight  hundred  and who,  on  his 

oath,  saith,  that  X.Y.  of in  the  county  of (as  the 

case  may  be)  {or,  if  his  name  be  not  known,  say,  "a  person  whose 


LAWS   OF   NEW  HAMPSHIRE  2  I  5 

name  is  not  known,  but  who  may  be  recognized  by  the  following  de- 
scription," and  here  set  jorth  as  particular  a  description  as  possible] 
hath  been  guilty  of  an  offence  against  the  Police  of  Portsmouth,  in 

this,  towit,  that  he  the  said [here  set  jorth  the  offence  with 

sufficient  certainty  of  time  and  place]  and  therefore  the  said  A.B. 
praveth  that  justice  may  be  done  in  the  premises. 

(Signed,)  A.B. 

Sworn  to  before  me,  E.F. — 

Form  of  Warrant. 

The  State  of  New-Hampshire. 

Rockingham,  ss.     To  the  Sheriff  of  said  county  of  Rockingham,  or 

his  Deputy,  or  to  either  of  the  Constables  or  Police  Officers  of  the 

town   of   Portsmouth   in   said   county Greeting.     You   are 

hereby  commanded,  upon  sight  hereof,  to  take  and  bring  before  me, 
E.F.  Esquire,  a  Justice  of  the  Peace,  within  and  for  said  County,  or 
some  other  Justice  of  the  Peace  within  and  for  said  County,  the  body 

of  X.Y.  of in  the  county  of (as  the  case  may  be) 

[or,  if  his  name  be  not  known,  say,  "the  body  of  a  (  man,  or  woman, 
or  child,  as  the  case  may  be)  whose  name  is  not  known,  and  who 
may  be  recognized  by  the  following  description,"  and  here  set  jorth 
as  particular  a  description  as  possible]  to  answer  all  such  matters 
as  shall  be  objected  against  him  [or  her]  for  an  offence  against  the 
Police  of  Portsmouth,  in  this,  towit,  [here  set  jorth  the  offence  as  in 
the  complaint]     Hereof  fail  not  at  your  peril,  and  make  due  return 

of  your  doings  herein.  -Given  under  my  hand  and  seal  at 

in  the  year  of  our  Lord 

E.  F.  Justice  of  the  Peace. 
And  the  magistrate,  before  whom  such  complaint  shall  be  made, 
may  at  his  discretion  so  vary  the  above  form  as  to  cause  the  of- 
fender to  be  summoned  before  him  at  a  time  and  place  certain, 
instead  of  being  arrested;  and  the  mode  of  summoning  such  offender 
shall  be  by  delivering  to  him  [or  her]  an  attested  copy  of  said 
warrant;  and  in  case  any  person  shall  be  duly  summoned  as  afore- 
said, and  shall  not  appear  at  the  time  and  place  designated  in  such 
summons,  the  magistrate  shall  proceed  to  hear  such  testimony  as 
may  be  adduced  in  support  of  the  complaint,  and  shall  convict  or 
acquit  the  person  so  summoned  in  like  manner  as  if  he  were  present 
at  the  trial.  And  in  all  cases  of  conviction  under  this  act,  the  person 
so  convicted  shall  have  a  right  to  appeal  to  the  next  Superior  Court 
of  Judicature  to  be  holden  within  and  for  the  county  of  Rocking- 
ham; provided  however,  that  such  appeal  shall  be  claimed  within 
four  hours  after  conviction;  and  that  the  person  so  appealing,  (or 
his  parent  or  guardian  as  the  case  may  be)  shall  give  bond  with 
sufficient  sureties  to  the  town  of  Portsmouth,  to  prosecute  said 
appeal  with  effect,  and  to  pay  double  cost  in  case  he  or  she  shall 
not  be  acquitted  or  discharged  at  the  Superior  Court. 


2l6  LAWS   OF   NEW   HAMPSHIRE 

Sect.  8.  And  be  it  further  enacted,  That  any  such  Police  Officer 
so  appointed  and  commissioned  as  aforesaid^  upon  view  of  any 
offence  committed  against  the  provisions  of  the  second,  third  and 
fourth  sections  of  this  act,  may  arrest  the  person  or  persons  so 
committing  the  same,  and  shall  carry  him  or  them  forthwith  before 
some  Justice  of  the  peace  to  answer  for  the  same;  provided  said 
arrest  shall  be  made  at  any  time  between  sun-rise  and  sun-set;  but 
if  said  arrest  shall  be  made  at  any  time  after  sun-set  and  before 
sun-rise,  such  Police  Officer  shall  have  authority  to  commit  the 
person  or  persons  so  arrested  to  Bridewell,  or  the  House  of  Correc- 
tion, or  otherwise  retain  him  in  safe  custody  until  the  following 
day;  when  such  person  or  persons  so  arrested,  shall  be  taken  before 
some  Justice  of  the  Peace  and  tried  for  such  offence,  as  is  herein 
before  provided;  and  the  oath  of  any  Police  Officer  shall  be  deemed 
full  and  sufficient  evidence  upon  the  trial  of  any  offence  committed 
against  the  provisions  of  this  act,  unless  in  the  judgment  of  the 
Court  or  Justice  before  whom  such  trial  shall  be  had,  the  same  shall 
be  invalidated  by  other  evidence  that  may  be  adduced;  and  any 
Police  Officer  of  said  town  in  the  execution  of  the  provisions  of  this 
act,  may  command  aid  in  like  manner  as,  by  law,  any  sheritt,  01 
deputy  sheriff,  may  do  in  executing  the  office  of  sheriff,  and  under 
like  penalties  of  refusal. 

Sect.  9.  And  be  it  further  enacted,  That  as  soon  as  may  be, 
after  the  passing  of  this  act,  the  Selectmen  of  Portsmouth  may 
appoint  and  commission  Police  Officers,  as  prescribed  in  the  first 
section  hereof,  in  like  manner  as  if  it  were  within  ten  days  after 
the  annual  town-meeting;  and  such  Police  Officers  so  appointed 
and  commissioned  shall  hold  their  offices  until  the  next  annual  town- 
meeting,  and  ten  days,  or  until  their  successors  shall  have  been  duly 
appointed  and  qualified  to  act. 

Sect.  10.  And  be  it  further  enacted,  That  an  act  passed  the 
eighteenth  day  of  June  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seven,  entitled,  "an  act  for  the  regulation  of  the  Police 
in  the  town  of  Portsmouth,"  as  well  as  such  parts  and  provisions 
of  all  other  acts,  as  are  inconsistent  with  the  provisions  of  this  act, 
be,  and  the  same  are  hereby  repealed:  provided  however,  that  the 
same  shall  be  and  remain  in  force  for  the  cognizance,  trial  and  pun- 
ishment of  all  such  offences  therein  mentioned  as  have  been  com- 
mitted before  the  passing  of  this  act,  and  all  proceedings  thereon 
arising,  this  repeal  notwithstanding. 

Sect.  11.  And  be  it  further  enacted,  That  any  town  or  towns 
in  this  State,  at  their  annual  meeting,  or  at  any  other  meeting  law- 
fully called  for  this  purpose,  may  adopt  such  of  the  provisions  of  this 
foregoing  act,  as  they  may  deem  expedient  and  necessary;  in  which 
case  such  provisions  so  adopted  shall  be  considered  to  extend  to 
such  town  or  towns  adopting  the  same,  as  fully  to  all  intents  and 
purposes  as  to  the  town  of  Portsmouth. 


LAWS  OF   NEW   HAMPSHIRE  2\~] 

[CHAPTER  34.] 

State  of  I 

New  Humps Iii re.  \ 

An  act  forming  the  towns  of  Danbury  and  Orange  into  one 
class  and  Dorchester  and  Dame's  Gore  into  another  class 
for  the  choice  of  representatives  to  the  general  court. 

[Approved  June  28,  1823.  Original  Acts,  vol.  28,  p.  5;  recorded  Acts, 
vol.  22,  p.  372.     Session  Laws,  1823,  Chap.  35.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  from  and  after  the  pass- 
ing of  this  act  the  towns  of  Danbury  and  Orange  in  the  County  of 
Grafton  be  and  the  same  are  hereby  classed  for  the  purpose  of 
sending  a  representative  to  the  General  Court.  Also  that  the  town 
of  Dorchester  and  Dame's  Gore  a  place  unincorporated  in  the 
County  of  Grafton  be  and  the  same  are  hereby  classed  for  the  pur- 
pose of  sending  a  representative  to  the  General  Court. 

Section  2.  And  be  it  further  enacted,  that  the  first  meeting  of 
the  class  composed  of  the  towns  of  Danbury  and  Orange,  shall  be 
held  in  Danbury  and  the  following  meetings  shall  be  held  alternately 
in  said  towns  of  Danbury  and  Orange  in  the  same  manner  as  is  by 
law  prescribed  for  other  classes  in  this  State  for  the  choice  of  rep- 
resentatives so  long  as  said  towns  shall  continue  to  be  so  classed 

Section  3.  And  be  it  further  enacted,  that  all  the  meetings  in 
the  class  composed  of  Dorchester  and  Dame's  Gore  shall  be  holden 
in  Dorchester  and  that  notice  shall  be  given  to  the  legal  voters  of 
Dame's  Gore  for  the  choice  of  representatives  by  posting  up  a 
notice  in  the  same  way  as  notice  is  required  to  be  given  by  law  to 
the  legal  voters  in  Dorchester — and  that  all  the  meetings  for  the 
choice  of  Representative  in  Dorchester  and  Dame's  Gore  shall  be 
holden  annually  on  the  day  by  law  prescribed  for  the  choice  of 
State  and  County  officers 

Section  4  And  be  it  further  enacted  that  all  laws  hereto- 
fore made  which  relate  to  the  classification  of  the  towns  aforesaid 
for  the  choice  of  representatives,  be  and  the  same  are  hereby  re- 
pealed.— 


2l8  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  35.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  annex  sundry  tracts  of  land  to  the  town  of  Bart- 

LETT. 

[Approved  July  i,  1823.  Original  Acts,  vol.  28,  p.  6;  recorded  Acts, 
vol.  22,  p.  374.     Session  Laws,  1823,  Chap.  36.] 

BE  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  several  locations,  grants  and 
tracts  of  land  included  within  the  following  described  limits,  towit; 
beginning  at  the  southwest  corner  of  Gridley's  location,  being  the 
northwesterly  corner  of  said  town  of  Bartlett,  thence  running  north 
eighty  three  degrees  west,  one  thousand  and  twenty  six  rods  to  the 
summit  of  Baldface  mountain;  thence  south  twenty  degrees  west, 
two  thousand  and  eight  hundred  rods  to  the  northerly  line  of  the 
town  of  Burton;  thence  eastwardly,  bounding  on  the  northerly  line 
of  said  Burton,  two  thousand  eight  hundred  and  eighty  rods  to  the 
westerly  line  of  Hale's  location;  thence  northwardly  on  said  Hale's 
location  to  the  northwesterly  corner  thereof;  thence  eastwardly  on 
said  location  to  the  westerly  line  of  Conway;  thence  northwardly  on 
said  westerly  line  of  Conway  to  the  southerly  line  of  said  town  of 
Bartlett,  and  thence  adjoining  said  Bartlett  to  the  first  mentioned 
boundary — be;  and  the  same  hereby  are  annexed  to  and  made  a 
part  of  the  said  town  of  Bartlett  in  the  county  of  Coos;  and  that 
the  territory  now  constituting  the  said  township  of  Bartlett,  with  the 
addition  of  the  several  locations,  grants  and  parcels  of  land  included 
within  the  limits  aforesaid  shall  hereafter  constitute  one  township, 
and  be  called  and  known  by  the  name  of  Bartlett. — 

[CHAPTER  36.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  a  Provident  Institution  for  Savings 
in  the  town  of  dover,  by  the  name  of  the  savings*  bank 
for  the  County  of  Strafford. 

[Approved  July  1,  1823.  Original  Acts,  vol.  28,  p.  7;  recorded  Acts, 
vol".  22,  p.  375.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Williams,  Daniel 
M  Durell,  John  Wheeler,  Jacob  M  Currier,  William  Woodman,  Jon- 


LAWS  OF   NEW   HAMPSHIRE  219 

athan  Fiske,  Charles  W.  Cutter,  Asa  Freeman,  Nathan  Crosby, 
Moses  Paul,  John  B.  H.  Odiorne,  William  H.  Delano,  John  G. 
Chase,  J.  P.  Holden,  Thomas  W.  Kittredge,  John  Chapman,  John  J. 
Sparling,  Thomas  W.  Moulton,  Jesse  Varney,  Walter  C.  Green, 
Moses  Varney,  Andrew  Pierce,  Joseph  Doe,  and  Jeremiah  Wilson, 
be,  and  they  hereby  are  incorporated  into  a  Society  by  the  name  and 
style  of  the  Savings'  Bank  for  the  County  of  Strafford;  and  that 
they  and  such  others  as  shall  be  duly  elected  members  of  said  Cor- 
poration at  the  annual  meeting  thereof,  according  to  such  by-laws 
as  may  hereafter  be  established,  shall  be  and  remain  a  body  politic 
and  corporate  by  said  name  and  style  forever,  for  the  purpose  of 
enabling  industrious  persons  of  all  descriptions  to  invest  such  parts 
of  their  earnings  as  they  can  conveniently  spare  in  a  safe  and  profit- 
able manner;  and  with  all  the  powers  and  privileges,  and  subject 
to  all  the  liabilities  of  corporations  of  this  nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Corporation 
shall  be  capable  of  receiving  from  any  person  or  persons,  disposed 
to  enjoy  the  advantages  of  said  Savings'  Bank,  any  deposite  or  de- 
posites  of  money,  or  other  personal  property,  and  to  use,  manage 
and  improve  the  same  for  the  benefit  and  advantage  of  the  person 
or  persons,  by,  or  for  whom  the  same  shall  be  deposited  respec- 
tively; and  the  net  income  and  profits  of  all  deposites  of  money 
received  by  said  Corporation,  shall  be  paid  out  and  distributed  in 
just  proportion  among  the  several  persons  by,  or  for  whom  the  said 
deposites  shall  have  been  made;  and  all  such  deposites  may  be 
withdrawn  by  the  persons  entitled  thereto,  at  such  reasonable  times, 
and  in  such  manner  as  said  Corporation  in  its  by-laws  may  direct 
and  appoint;  or  according  to  such  lawful  conditions  and  limitations 
as  the  depositors,  agreeably  to  the  regulations  of  said  Society,  may 
respectively  have  prescribed  and  annexed  to  their  deposites. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  Corporation 
shall  be  capable  of  receiving  and  holding  such  buildings  and  real 
estate  as  shall  be  necessary  and  convenient  for  managing  its  affairs: 
provided  such  real  estate  held  at  any  one  time  for  the  purpose  afore- 
said, shall  not  have  exceeded  in  value  at  the  time  of  the  purchase  or 
acceptance  thereof  by  said  Corporation,  the  sum  of  six  thousand 
dollars.  And  the  said  Corporation  shall  be  further  able  to  take, 
hold  and  dispose  of  any  real  estate  whatsoever,  which  may  be,  bona 
fide,  mortgaged  or  pledged  for  the  security  of  its  loans,  or  debts  due 
to  it,  or  which  may  be,  bona  fide,  conveyed  to,  or  taken  by  said 
Corporation  in  satisfaction  or  discharge  of  debts,  demands,  or  lia- 
bilities, which  have  been  previously  contracted  or  incurred. 

Sec.  4.  And  be  it  further  enacted,  That  said  Corporation  shall 
not  make  and  issue  any  bill  or  promissory  note  to  circulate  as  cur- 
rency. And  the  President  and  members  of  said  Corporation  shall 
receive  no  compensation  for  their  services  in  said  Savings'  Bank, 
nor  derive  any  emolument  therefrom;    provided   however   that  a 


220  LAWS   OF   NEW   HAMPSHIRE 

reasonable  allowance  may  from  time  to  time  be  made  to  their  Treas- 
urer, or  Secretary.  And  the  books  and  accounts  of  said  Corpora- 
tion shall  at  all  times  be  open  to  the  inspection  of  the  Governor  of 
this  State,  of  any  Justice  of  the  Superior  Court  of  Judicature,  or 
of  a  Committee  for  that  purpose  appointed,  of  either  branch  of  the 
Legislature. 

Sec.  5.  And  be  it  further  enacted,  That  the  number  of  members 
of  said  Corporation  shall  not  exceed  forty  at  any  one  time;  and  any 
number  not  less  than  seven  shall  constitute  a  quorum  for  the'  trans- 
action of  business  at  the  annual  and  other  meetings  of  the  members 
of  said  Corporation;  provided  such  meetings  shall  have  been  duly 
notified  in  conformity  to  the  by-laws  of  said  Corporation;  and  pro- 
vided further  that  said  Corporation  may  by  its  by-laws  require  the 
attendance  of  one  or  more  of  its  officers  designated  to  constitute  a 
quorum  for  the  election  of  new  members  in  addition  to  the  number 
of  members  herein  before  prescribed. 

Sec.  6.  And  be  it  further  enacted,  That  John  Williams  Daniel 
M.  Durell  and  John  Wheeler,  or  any  two  of  them  may  call 
the  first  meeting  of  said  Corporation  at  such  time  and  place,  and  in 
such  manner  as  they  shall  judge  proper. 


[CHAPTER  37.] 


State  of  \ 

New  Hampshire,  j 


An  act  to  incorporate  certain  persons  by  the  name  of  Wash- 
ington Lodge  N°  13  in  the  Town  of  Exeter 

[Approved  July  1,  1823.  Original  Acts,  vol.  28,  p.  8;  recorded  Acts, 
vol.  22,  p.  378.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  Pottle,  William 
Tenney,  Nathan  Batchelder,  Nathaniel  Boardman,  Freese  Dear- 
born, Enoch  Rowe,  Lawrence  Brown,  John  Wentworth,  WTalter 
Little  Jun.,  Jonathan  A.  Sargent,  William  Burley,  Ebenezer  S.  Piper, 
and  their  associates  and  all  persons  who  may  hereafter  become 
members  of  said  Lodge  be  and  they  hereby  are  incorporated  and 
made  a  body  politic  forever  by  the  name  of  The  Washington  Lodge 
N°  13  in  the  Town  of  Exeter;  and  the  said  body  corporate  is  hereby 
empowered  to  hold  and  possess  real  and  personal  estate  not  ex- 
ceeding in  value  the  sum  of  two  thousand  dollars,  and  is  vested  with 
all  the  powers,  rights  and  privileges  incident  to  corporations  of  a 
similar  nature 

Section  2  And  be  it  further  enacted,  that  the  said  Samuel  Pottle 
William  Tenney,  Nathan  Batchelder  or  any  two  of  them,  may  call 


LAWS  OF   NEW  HAMPSHIRE  221 

the  first  meeting  of  said  Lodge  by  giving  fourteen  days  notice  of 
said  meeting  in  the  New  Hampshire  Patriot  and  State  Gazette,  or 
in  the  New  Hampshire  Statesman  of  the  time  and  place  of  said 
meeting,  and  at  said  meeting,  or  any  subsequent  meeting,  the  mem- 
bers of  said  Lodge  may  choose  a  Secretary,  and  elect  such  other 
Officers,  and  establish  such  by  laws,  rules  and  regulations  as  may 
be  deemed  necessary  for  the  Government  of  said  Lodge  and  the 
carrying  into  effect  the  objects  thereof,  provided  said  by  laws,  rules 
and  regulations  be  not  repugnant  to  the  Constitution  and  Laws  of 
this  State — 


[CHAPTER  38.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  constitute  a  County  within  this  State  by  the 
name  of  merrimac,  and  to  repeal  an  act,  entitled,  "an  act 
to  change  the  place  of  holding  the  february  term  of  the 
Superior  Court  of  Judicature,  and  the  January  term  of 
the  Court  of  Sessions,  in  the  county  of  Rockingham," 
passed  July  3,  1822. 

[Approved  July  i,  1823.  Original  Acts,  vol.  28,  p.  9;  recorded  Acts, 
vol.  22,  p.  380.  Session  Laws,  1823,  Chap.  40.  Laws,  1824,  ed.,  p.  196.  See 
act  referred  to  ante,  p.  157.  See  also  act  immediately  following.  Repealed 
by  act  of  January  2,  1829,  post.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  be,  and  hereby 
is  constituted  and  established  a  County  within  this  State  by  the 
name  of  Merrimac;  and  that  the  same  be,  and  hereby  is  vested, 
with  all  the  powers  and  privileges  which  other  Counties  in  this 
State  possess  and  enjoy: — Provided  that  in  the  choice  of  Coun- 
cillors the  towns  in  said  county  of  Merrimac  shall  remain  attached 
to  their  respective  Council  districts. 

Sec.  2.  And  be  it  further  enacted.  That  said  County  of  Merri- 
mac shall  contain  all  the  lands  and  waters  included  in  the  following 
towns  and  places  which  now  constitute  a  part  of  the  county  of 
Rockingham,  towit;  Allenstown,  Bow,  Canterbury,  Chichester, 
Concord,  Epsom,  Loudon,  Northfield,  Pembroke,  and  Pittsfield; 
and  the  following  towns  and  places  which  now  constitute  a  part  of 
the  county  of  Hillsborough,  towit;  Andover,  Boscawen,  Bradford, 
Dunbarton,  Fishersfield,  Henniker,  Hooksett,  Hopkinton,  New- 
London,  Salisbury,  Sutton,  Warner  and  Wilmot;  and  that  said 
towns  be,  and  they  are  hereby  disannexed  from  the  respective 
counties  to  which  they  now  belong. 


222  LAWS   OF    NEW   HAMPSHIRE 

Sec.  3.  And  be  it  further  enacted,  That  the  Superior  Court  of 
Judicature  shall  be  holden  at  Concord  in  said  county  of  Merrimac, 
on  the  second  Tuesday  of  January,  and  on  the  second  Tuesday  of 
August,  annually,  the  first  term  of  said  Court  to  commence  on  the 
second  Tuesday  of  January  next;  and  that  there  shall  be  a  Court 
of  Sessions  in  said  county  of  Merrimac  consisting  of  three  Judges 
only,  to  be  holden  at  said  Concord  on  the  last  Tuesday  of  October 
and  on  the  last  Tuesday  of  April,  annually,  the  first  term  of  said 
Court  of  Sessions  to  commence  on  the  last  Tuesday  of  October  next; 
and  a  Court  of  Probate  to  be  holden  at  such  times  and  places  as  the 
Judge  of  said  Court  may  determine,  or,  as  the  Legislature  may 
appoint,  which  shall  have  similar  jurisdiction,  possess  like  powers 
and  privileges  with  other  courts  of  sessions  and  courts  of  probate 
in  this  State;  Provided  that  there  shall,  previous  to  the  first  day  of 
August  next,  be  erected  and  furnished  for  that  purpose  in  said 
Concord  and  without  expense  to  said  County,  a  suitable  building  to 
the  acceptance  of  the  Justices  of  the  Superior  Court  of  Judicature 
for  the  accommodation  of  said  Courts.  And  the  term  of  the  Sups- 
rior  Court  of  Judicature  now  holden  at  Hopkinton  on  the  third 
Tuesday  of  April,  and  the  term  of  the  Court  of  Sessions,  now  holden 
at  said  Hopkinton  on  the  first  Tuesday  of  September,  shall  respec- 
tively hereafter  be  holden  at  Amherst  within  and  for  the  county  of 
Hillsborough. 

Sec.  4.  And  be  it  further  enacted,  That  the  Justices  of  the  Court 
of  Sessions,  Judge  and  Register  of  Probate,  Sheriff,  Register  of 
Deeds,  County  Treasurer,  and  all  other  officers  for  and  within  said 
County  of  Merrimac,  shall  be  appointed  and  chosen  in  the  same 
manner  as  by  the  Constitution  they  are  required  to  be  appointed 
and  chosen  in  other  counties  in  this  State. 

Sec.  5.  And  be  it  further  enacted,  That  the  Representatives  of 
the  several  towns  composing  said  county  of  Merrimac  are  hereby 
authorized  and  empowered,  at  the  session  of  the  General  Court 
in  June  next,  to  form  themselves  into  a  Convention  for  the  purpose 
of  granting  and  appropriating  taxes  for  defraying  the  expenses  of 
said  county,  to  be  assessed  and  collected  in  the  same  way  and 
manner  that  County  taxes  are  assessed  and  collected  in  the  other 
counties  of  this  State. 

Sec.  6.  And  be  it  further  enacted,  That  all  actions  and  processes, 
which  shall  be  pending  or  returnable  to  the  Superior  Court  of  Judi- 
cature in  either  of  the  counties  of  Rockingham  or  Hillsborough,  ?t 
the  time  this  act  shall  take  effect,  in  which  both  or  either  of  the 
parties  shall  belong  to  any  town  in  said  County  of  Merrimac,  shall 
be  heard  and  determined  in  the  Court  in  which  they  are  pending, 
or  at  which  they  are  returnable,  unless  the  Justices  of  said  Court 
shall  order  said  actions  or  processes  to  be  removed  to  the  said  Court 
in  the  said  County  of  Merrimac;  and  all  petitions  and  other  matters 
pending  in  the  Courts  of  Sessions  in  the  Counties  of  Rockingham 


LAWS  OF   NEW   HAMPSHIRE  223 

and  Hillsborough,  at  the  time  this  act  shall  take  effect,  in  which 
both  or  either  of  the  parties  shall  belong  to  any  town  in  said  County 
of  Merrimac,  shall  upon  the  request  of  either  party,  be  removed  to, 
and  be  heard  and  determined  by  the  Justices  of  the  Court  of  Ses- 
sions in  said  County  of  Merrimac. 

Sec.  7.  And  be  it  further  enacted,  That  the  act  passed  on  the 
third  day  of  July,  one  thousand  eight  hundred  and  twenty  two,  enti- 
tled, "an  act  to  change  the  place  of  holding  the  February  term  of 
the  Superior  Court  of  Judicature,  and  the  January  term  of  the 
Court  of  Sessions  in  the  County  of  Rockingham,  be,  and  the  same 
is  hereby  repealed. 

Sec.  8.  And  be  it  further  enacted,  That  the  money  which  was 
assessed  by  the  Convention  for  the  county  of  Rockingham  at  their 
session  held  at  Concord  in  June,  one  thousand  eight  hundred  and 
twenty  two,  and  ordered  to  be  paid  into  the  treasury  of  said  county 
of  Rockingham,  on  or  before  the  first  day  of  September,  one  thou- 
sand eight  hundred  and  twenty  three,  shall  be  considered  as  belong- 
ing to  and  kept  exclusively  for  the  use  of  that  part  of  said  county 
of  Rockingham  which  shall  remain  and  constitute  said  county  after 
this  act  shall  take  effect;  and  the  estate,  property,  and  county 
buildings,  now  belonging  to  the  county  of  Rockingham,  which  shall 
remain  in  the  county  of  Rockingham,  shall  be  the  property  of  said 
county  of  Rockingham. 

Sec.  9.  And  be  it  further  enacted,  That  those  towns  which  are 
by  this  act  set  off  from  said  county  of  Rockingham,  and  which  make 
a  part  of  the  county  of  Merrimac  hereby  constituted,  shall  be 
assessed  in  their  equal  and  just  proportions  with  the  other  towns 
in  the  county  of  Rockingham,  of  the  sum  of  one  thousand  dollars 
towards  the  support  of  County  paupers;  and  the  members  of  the 
county  of  Rockingham,  including  the  members  from  the  towns 
herein  set  off  and  to  compose  a  part  of  said  county  of  Merrimac,  may 
meet  in  convention  during  the  present  session  of  the  Legislature, 
and  vote  to  assess  said  sum  of  one  thousand  dollars  towards  the 
support  of  the  County  paupers,  and  which  sum  the  Convention 
may  order  to  be  paid  into  the  treasury  of  the  county  of  Rocking- 
ham, on  or  before  the  first  day  of  September,  one  thousand  eight 
hundred  and  twenty- four;  and  it  shall  be  the  duty  of  the  Treasurer 
for  said  county  of  Rockingham  to  issue  his  precepts  to  the  several 
towns  by  this  act  set  off  from  said  county  of  Rockingham  and  to 
compose  a  part  of  said  county  of  Merrimac  to  assess  and  collect 
their  proportion  of  the  sum  of  one  thousand  dollars  in  the  same  way 
and  manner  as  by  law  now  established;  And  the  Collectors  of  the 
several  towns  herein  set  off  from  said  county  of  Rockingham,  and  to 
be  constituted  a  part  of  said  county  of  Merrimac,  shall  be  required 
to  pay  to  the  Treasurer  for  the  county  of  Rockingham  their  re- 
spective proportions  of  the  sum   of  one  thousand   dollars  in  the 


224  LAWS   OF   NEW   HAMPSHIRE 

same  way  and  manner  as  they  would  be  required  to  do  if  this  act 
had  not  passed. 

Sec.  10.  And  be  it  further  enacted,  That  of  the  money  which 
was  assessed  by  the  Convention  for  the  county  of  Hillsborough  at 
their  session  held  at  Concord  in  June,  one  thousand  eight  hundred 
and  twenty-two,  and  ordered  to  be  paid  into  the  treasury  of  said 
county  of  Hillsborough,  on  or  before  the  first  day  of  September  one 
thousand  eight  hundred  and  twenty  three,  the  sum  of  five  hundred 
dollars  shall  be,  and  hereby  is  considered  as  belonging  to  and  ex- 
clusively for  the  use  of  the  county  of  Merrimac;  and  the  Treasurer 
of  the  county  of  Hillsborough  shall  within  thirty  days  after  the  first 
day  of  September,  one  thousand  eight  hundred  and  twenty-three, 
pay  or  cause  to  be  paid  to  the  Treasurer  of  the  county  of  Merrimac 
said  sum  of  five  hundred  dollars,  which  sum  so  paid  to  the  Treas- 
urer of  said  county  of  Merrimac,  shall  be  held  for  the  exclusive 
use  and  benefit  of  said  county  of  Merrimac.  And  the  estate,  prop- 
erty, and  county  buildings,  now  belonging  to  the  county  of  Hills- 
borough, which  shall  remain  in  the  county  of  Hillsborough  shall  be 
the  property  of  said  county  of  Hillsborough;  and  all  the  estate, 
property  and  county  buildings  belonging  to  said  county  of  Hills- 
borough falling  and  being  within  the  county  of  Merrimac,  shall  be 
the  property  of  said  county  of  Merrimac. 

Sec.  ii  And  be  it  further  enacted,  That  the  Justices  of  the 
Court  of  Sessions  in  and  for  said  county  of  Merrimac  shall  imme- 
diately after  the  taking  effect  of  this  act,  by  a  majority  of  votes 
appoint  some  suitable  person  to  perform  and  discharge  the  duties 
of  a  County  Treasurer,  and  also,  some  suitable  person  to  discharge 
and  perform  the  duties  of  a  Register  of  Deeds  in  and  for  said 
county,  both  of  whom  shall  be  freeholders  and  residents  in  said 
county,  who  shall  be  sworn  and  give  bonds  previous  to  their  entering 
upon  the  duties  of  their  respective  offices  in  the  same  way  and 
manner  as  is  now  prescribed  by  law;  And  such  Treasurer  and  Reg- 
ister of  Deeds  so  appointed  and  qualified  as  aforesaid  shall  there- 
upon be  invested  in  their  respective  offices,  with  all  the  powers 
incident  thereto,  in  the  same  manner  as  if  such  Treasurer  and  Reg- 
ister had  been  appointed  thereto  at  an  annual  election,  and  shall 
hold  their  respective  offices  until  persons  shall  be  chosen  at  the  next 
annual  election,  and  qualified  to  enter  upon  the  duties  thereof. 

Sec.  12.  And  be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  in  force  on  and  after  the  first  day  of  August  next. 


LAWS   OF    NEW   HAMPSHIRE  22  5 

[CHAPTER  39.] 

State  oj  I 

New  Hampshire.  \ 

An  act  authorizing  and  empowering  the  members  in  the 
house  of  representatives  from  the  several  towns  consti- 
TUTING the  County  of  Merrimac,  to  form  themselves  into 

A  CONVENTION  FOR  CERTAIN  PURPOSES 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  10;  recorded  Acts, 
vol.  22,  p.  386.  Session  Laws,  1823,  Chap.  41.  Laws,  1824  ed.,  p.  200.  See 
act  immediately  preceding.] 

Sec.  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened — That  the  members  in  the  house  of 
representatives  from  the  several  towns  constituting  the  County  of 
Merrimac  be  and  they  hereby  are  authorized  and  empowered  to 
form  themselves,  at  any  time  during  the  present  session  of  the  legis- 
lature, into  a  convention  for  the  purpose  of  granting  and  appro- 
priating taxes  for  the  use  of  said  County  of  Merrimac  the  ensuing 
year — ;  and  they  may  at  such  convention  choose  a  chairman,  ap- 
point and  swear  a  clerk,  who  shall  keep  a  true  record  of  all  matters 
and  things  done  in  such  convention — and  the  taxes  which  shall  be 
voted  by  such  convention,  or  a  major  part  thereof  attending,  shall 
be  held  good  and  valid  in  law,  and  may  be  assessed  and  collected 
in  the  same  way  and  manner  as  county  taxes  are  assessed  and  col- 
lected in  the  other  counties  in  this  State — and  the  said  convention 
when  formed  are  hereby  invested  with  all  and  the  same  powers  as 
by  law  appertain  to  other  county  conventions — 


[CHAPTER  40.] 

State  oj  } 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  company  of  the  Connecticut 
River  Bank. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  11;  recorded  Acts, 
vol.  22,  p.  387.  See  acts  of  June  19,  1844,  Session  Laws,  June,  1844,  Chap. 
114;  July  15,  1855,  id.,  1855,  Chap.  1753,  and  June  26,  1863,  id.,  1863,  Chap. 
2807.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Horace  Hall,  Robert  Rand, 
Josiah  White,  William  Briggs,  Henry  Hubbard,  Enos  Stevens, 
Frederic  A.  Sumner,  James  Gilchrist,  Vryling  Lovell,  Aaron  Dean, 

15 


226  LAWS  OF   NEW  HAMPSHIRE 

Roswell  Hunt,  William  Gordon,  George  Olcott  and  their  associates 
and  those  who  may  hereafter  become  associates  in  said  bank,  their 
successors  and  assigns,  shall  be  and  they  hereby  are  created  and 
made  a  corporation  by  the  name  of  the  President,  Directors  and 
Company  of  the  Connecticut  River  Bank,  and  shall  so  continue  until 
the  first  day  of  March  which  will  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty  four — and  by  that  name  shall 
be  and  hereby  are  made  capable  in  law  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  in  any  court  of  record 
or  any  other  place  whatever — and  also  to  make,  have  and  use  a 
common  seal,  and  the  same  again  at  pleasure  to  break,  alter  or 
renew;  and  also  to  ordain,  establish  and  put  in  execution  such  by- 
laws, ordinances  and  regulations,  not  repugnant  to  the  laws  of  this 
State,  as  to  them  shall  appear  necessary  and  convenient  for  their 
regulation  and  government  and  for  the  prudent  management  of  the 
affairs  of  said  corporation,  subject  always  to  the  rules,  restrictions 
limitations,  and  provisions  hereinafter  prescribed. 

Sec.  2.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
corporation  shall  consist  of  a  sum  not  less  than  fifty  thousand  dol- 
lars, nor  more  than  one  hundred  thousand  dollars  in  specie,  and 
shall  be  divided  into  one  thousand  shares:  and  the  stockholders  at 
their  first  meeting,  by  a  majority  of  votes,  shall  determine  the 
amount  of  payments  to  be  made  on  each  share,  and  the  time  when 
they  shall  be  made;  also  the  mode  of  transferring  and  disposing  of 
the  stock  and  the  profits  thereof,  which  being  entered  on  the  books 
of  said  corporation  shall  be  binding  on  the  stockholders,  their  suc- 
cessors and  assigns.  Provided,  that  no  stockholder  shall  be  allowed 
to  borrow  at  said  bank,  until  he  shall  have  paid  in  his  full  propor- 
tion of  said  sum  of  fifty  thousand  dollars  at  least:  provided  also, 
that  no  stockholder  shall  in  any  case  be  allowed  to  borrow  more 
than  seventy  five  per  cent  on  his  capital  stock  so  paid  in.  And 
said  corporation  is  hereby  made  capable  in  law  to  have,  hold,  pur- 
chase and  receive,  possess,  enjoy  and  retain  to  them,  their  successors 
and  assigns,,  lands,  tenements  and  hereditaments  to  the  amount  of 
ten  thousand  dollars,  and  no  more,  at  any  one  time,  with  power  to 
bargain,  sell,  dispose  of  and  convey  the  same;  and  to  loan  and 
negociate  their  monies  and  effects  by  discounting  on  banking  prin- 
ciples, on  such  personal  security  as  they  shall  think  advisable. 

Sec.  3  And  be  it  further  enacted,  that  the  following  rules,  lim- 
itations and  provisions  shall  form  and  be  the  fundamental  articles 
of  said  corporation. 

i.  That  the  said  corporation  shall  not  issue  and  have  in  circu- 
lation at  any  one  time  bills,  notes  or  obligations  to  a  greater  amount, 
than  the  amount  of  the  capital  stock  actually  paid  in  at  such  time, 
and  then  composing  the  capital  stock  of  said  bank;  and  in  case  anv 
cashier,  director  or  other  officer  of  said  Bank  at  any  time  shall 
knowingly  issue,  or  order,  direct  or  cause  to  be  issued  and  put  in 


LAWS  OF   NEW   HAMPSHIRE  227 

circulation  bills,  notes  or  obligations  of  said  bank,  which  together 
with  those  before  issued  and  then  in  circulation,  shall  exceed  the 
amount  of  the  capital  stock  of  said  bank  as  aforesaid,  such  cashier, 
director  or  other  officer,  shall  forfeit  and  pay  a  sum  not  exceeding 
ten  thousand  dollars,  nor  less  than  one  thousand  dollars. 

2.  That  dividends  may  be  made  semiannually  among  the  stock- 
holders of  said  bank,  of  interest  or  profits  actually  received;  but 
no  part  of  the  capital  stock  of  said  bank  shall  be  divided  among 
or  paid  to  the  stockholders,  either  before  or  after  the  expiration 
of  the  time  limited  by  this  act  for  the  continuance  of  said  corpo- 
ration, without  the  license  of  the  Legislature  of  this  State  therefor, 
on  penalty  that  any  cashier,  director  or  other  officer,  who  shall  so 
divide  or  pay  the  same,  or  order,  direct  or  cause  the  same  to  be  done, 
shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars  nor  less  than  one  thousand  dollars:  provided  nevertheless, 
that  it  shall  be  lawful  for  the  stockholders,  after  having  given  one 
year's  previous  notice  of  their  intention  by  advertisement  in  two 
newspapers  published  in  this  State,  and  after  payment  of  all  out- 
standing debts  due  from  said  bank,  to  make  division  of  the  capital 
stock  among  themselves  and  thereby  dissolve  said  corporation. 

3.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  bank,  by  any  means  what- 
ever, it  shall  be  the  duty  of  the  directors,  in  their  next  annual 
return  of  the  condition  of  said  bank,  by  law  required  to  be  made 
to  the  Governor  and  Council,  to  state  the  amount  of  such  diminu- 
tion or  loss,  and  the  cause  thereof;  and  after  such  loss  or  diminu- 
tion, no  dividend  of  interest  or  profit  shall  be  made,  until  such  loss 
or  diminution  shall  have  been  replaced  and  supplied  by  assessments 
and  actual  payments  of  the  stockholders  or  by  appropriations 
therefor  of  the  interest  and  profit  actually  received. 

4.  That  said  corporation  shall  not  vest,  use  nor  improve  any  of 
their  monies,  goods,  chattels  or  effects  in  trade  or  commerce,  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession  by 
way  of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  corporation  being  a  citizen 
of  this  State  and  resident  therein  shall  be  eligible  for  a  director: 
and  the  directors  shall  choose  one  of  their  own  number  to  act  as 
President.  The  cashier  before  he  enters  on  the  duties  of  his  office, 
shall  give  bond  with  two  or  more  sureties  to  the  satisfaction  of  the 
board  of  directors,  in  a  sum  not  less  than  twenty  five  thousand 
dollars,  with  condition  for  the  faithful  performance  of  the  duties  of 
his  office. 

6.  ^  That  for  the  well  ordering  the  affairs  of  said  corporation  a 
meeting  of  the  stockholders  shall  be  holden  at  such  place  as  they 
shall  direct,  on  the  first  Monday  of  March  annually,  from  and  after 
their  first  meeting,  and  at  any  other  time  during  the  continuance 


228  LAWS   OF   NEW  HAMPSHIRE 

of  said  corporation  at  such  place  as  may  be  appointed  by  the  Presi- 
dent and  directors  for  the  time  being,  by  public  notification  being 
given  at  least  two  weeks  prior  thereto;  at  which  annual  meeting 
there  shall  be  chosen  by  ballot  seven  directors  to  continue  in  office 
the  year  ensuing  their  election,  and  until  others  are  chosen,  in  their 
stead  and  the  number  of  votes  to  which  each  stockholder  shall  be 
entitled  shall  be  according  to  the  number  of  shares  he  shall  hold 
in  the  following  proportion,  that  is  to  say — for  every  one  share, 
one  vote;  for  every  two  shares  above  one  and  not  exceeding  twenty, 
one  vote;  for  every  three  shares  above  twenty,  one  vote; — pro- 
vided, that  no  one  stockholder  shall  be  entitled  to  more  than  fifteen 
votes.  Absent  members  may  vote  by  proxy,  being  authorized  in 
writing  signed  by  the  person  represented,  and  filed  with  the  cashier. 

7.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  no  less  than  four  directors  shall  constitute  a  board  for 
the  transaction  of  business,  of  whom  the  President  shall  be  one, 
except  in  case  of  sickness  or  necessary  absence,  in  which  case  the 
directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9.  That  all  bills  issued  from  said  bank  signed  by  the  President 
and  countersigned  by  the  cashier  shall  be  binding  on  said  corpo- 
ration. 

10.  That  the  directors  shall  appoint  a  cashier,  clerks  and  such 
other  officers,  agents  or  servants  for  conducting  the  business  of  the 
bank,  with  such  salaries  as  to  them  shall  seem  just  and  proper. 

n.  That  the  aforesaid  bank  shall  be  established  and  kept  in  the 
town  of  Charlestown  in  the  County  of  Cheshire. 

12.  That  the  Legislature  shall  at  all  times  have  the  right  by 
persons  duly  appointed  for  that  purpose  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  corpora- 
tion and  of  their  officers  relating  to  the  same;  for  which  purpose  all 
the  books  and  papers  of  the  corporation,  together  with  their  monies 
and  securities  for  money  shall  be  exhibited  and  submitted  to  the 
inspection  and  examination  of  such  persons  so  appointed:  and  each 
officer  of  said  corporation  shall  answer  on  oath,  if  required,  all  suit- 
able and  proper  interrogatories  relating  to  the  state  condition  or 
transactions  of  said  bank 

Sec  4.  And  be  it  further  enacted,  that  the  said  Horace  Hall, 
Robert  Rand  and  William  Briggs  or  any  two  of  them  may  call  a 
meeting  of  the  members  of  said  corporation,  at  such  time  and  place 
as  they  may  see  fit,  by  giving  public  notice  thereof  at  least  two 
weeks  prior  to  the  time  of  meeting  by  posting  up  notifications  there- 
for at  some  public  place  in  the  towns  of  Charlestown,  Walpole,  Al- 
stead,  Acworth  and  Claremont,  for  the  purpose  of  making,  ordain- 
ing and  establishing  such  by-laws,  ordinances  and  regulations  as  the 


LAWS   OF   NEW   HAMPSHIRE  229 

said  members  may  deem  necessary,  and  for  the  choice  of  the  first 
board  of  directors  and  such  other  officers  as  they  may  see  fit  to 
choose. 

Sec.  5.  And  be  it  further  enacted,  that  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act  may  be  recovered 
by  information  on  suit  in  the  name  of  the  State:  Provided,  never- 
theless, that  this  Act  shall  not  take  effect  until  the  first  Wednes- 
day of  June  1824,  and  shall  be  considered  as  void  and  as  of  no 
effect,  if  the  President,  Directors  and  Company  of  the  Claremont 
bank,  which  was  incorporated  at  the  session  of  the  Legislature  in 
June  1822,  shall  so  far  be  organized  and  go  into  operation,  as  to 
pay  on  or  before  the  second  Wednesday  of  June  A.D.  1824  to  the 
Treasurer  of  this  State  one  half  of  one  per  cent  on  the  amount 
which  shall  at  that  time  constitute  the  actual  capital  stock  of  said 
Bank.  And  provided  further,  that  this  act  shall  also  be  void,  if 
the  corporation,  by  this  act  created,  shall  neglect  to  be  organized 
and  go  into  operation  so  far  as  not  actually  to  pay  on  or  before  the 
first  Wednesday  of  June  1825  one  half  of  one  per  cent  on  the 
amount  which  shall  at  that  time  constitute  the  actual  capital  stock 
of  said  corporation. 


[CHAPTER  41.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Portsmouth  Steam  Factory. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  12;  recorded  Acts, 
vol.  22,  p.  393.  See-  acts  of  December  16,  1844,  Session  Laws,  November, 
1844,  Chap.  205,  and  July  9,  1846,  id.,  1846,  Chap.  444.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Isaac  Waldron,  Elisha  Whid- 
den,  Robert  Rice  and  Elisha  Hill  Jun1  and  their  associates  and  suc- 
cessors be  and  hereby  are  created  a  corporation  by  the  name  of  the 
Portsmouth  Steam  Factory,  and  for  the  purpose  of  manufacturing 
in  Iron  and  other  metal  and  in  Cotton  &  Wool  at  their  factory, 
which  shall  be  located  in  the  town  of  Portsmouth. 

Section  2.  And  be  it  further  enacted,  that  said  corporation  may 
take  and  hold  real  estate  not  exceeding  two  hundred  thousand  dol- 
lars and  personal  estate,  exclusive  of  the  debts  which  may  at  any 
time  be  due  and  owing  said  corporation,  not  exceeding  three  hun- 
dred thousand  dollars,  in  value,  and  may  have  and  exercise  all  the 
powers  incident  to  corporations  &  not  herein  enumerated. 

Section  3.     And  be  it  further  enacted  that  said  Isaac  Waldron 


23O  LAWS   OF    NEW   HAMPSHIRE 

may  call  the  first  meeting  of  said  corporation  by  advertisement  in 
one  of  the  newspapers  at  Portsmouth  seven  days  prior  to  the  time 
of  holding  the  same — 


[CHAPTER  42.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Boston  and  Concord  Boating  Company. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  13;  recorded  Acts, 
vol.  22,  p.  394.  See  act  of  June  27,  1817,  Laws  of  New  Hampshire,  vol.  8,  p. 
645.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That,  William  Sullivan, 
Richard  Sullivan,  Richard  H.  Ayer  and  Theodore  French,  and  their 
associates  and  successors  be,  and  they  hereby  are  incorporated  and 
made  a  body  corporate  and  politic,  by  the  name  of  the  Boston  and 
Concord  Boating  Company,  and  by  that  name  may  sue  and  be 
sued  to  final  judgment  and  Execution,  and  shall  be  and  hereby  are 
vested  with  all  the  powers  and  privileges  which  are  by  law  incident 
to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted;  That  the  said  William  Sulli- 
van and  his  associates  and  successors,  shall  under  this  act  have 
power  and  authority  to  have  own  and  use  Boats,  landing  places 
and  all  necessary  equipments  for  the  purpose  of  transporting  goods 
wares  and  merchandize,  and  all  other  articles,  from  Concord  by  the 
Merrimack  River  to  the  southwardly  line  of  this  State,  and  from 
said  southwardly  line  to  Concord  and  all  intermediate  places. 

Sec.  3.  And  be  it  further  enacted;  That  the  said  Corporation 
be  and  the  same  hereby  is  authorized  and  empowered  to  purchase 
and  to  hold  so  much  personal  estate  consisting  of  Boats,  tackle  ap- 
parel and  implements  necessary  for  the  transportation  aforesaid; 
And  so  much  real  estate  as  may  be  necessary  for  store  houses 
and  landing  places;  provided  the  whole  amount  of  property  real  and 
personal  shall  not  exceed  fifty  thousand  dollars,  nor  comprehend 
more  than  twenty  acres  of  land:  And  all  the  corporate  property  may 
be  divided  into  such  number  of  shares  as  said  corporation  may  see 
fit,  not  less  than  one  hundred  and  not  more  than  five  hundred. 

Sec.  4.  And  be  it  further  enacted;  That,  Richard  H.  Ayer  one 
of  the  associates  named  in  this  Act  be  and  he  hereby  is  authorized 
and  empowered  to  call  the  first  meeting  of  the  said  Corporation, 
and  to  appoint  the  time  and  place  for  holding  the  same,  by  giving 
notice  thereof  at  least  seven  days  before  the  day  of  meeting  by  pub- 
lishing the  same  in  one  of  the  newspapers  printed  in  Concord. 


LAWS  OF   NEW   HAMPSHIRE  23l 

Section  5.  And  be  it  further  enacted,  That  this  Corporation 
shall  exist  and  continue  so  long  as  there  shall  be  a  water  communi- 
cation between  Merrimack  River  and  the  City  of  Boston  in  the  State 
of  Massachusetts,  by  the  Middlesex  Canal  (so  called)  in  that  State, 
and  no  longer. 

Section  6.  And  be  it  further  enacted,  That,  the  Legislature  may 
at  any  time  hereafter,  repeal  and  make  void  this  Act,  any  thing 
herein  to  the  contrary  notwithstanding,  whenever  the  public  good 
of  the  State  may  require  it;  Provided  however  that  two  thirds  of 
both  branches  of  the  Legislature  concur  therein. 


[CHAPTER  43.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  incorporate  Joseph  Smith  and  his  associates  by 
the  name  of  the  wlnnipisseogee  lake  steam  boat  com- 
PANY. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  14;  recorded  Acts, 
vol.  22,  p.  396.     See  acts  of  June  21,  1825,  and  July  7,  1827,  post.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Joseph  Smith  and  his  asso- 
ciates and  successors  be  and  hereby  are  created  a  corporation  by 
the  name  of  the  Winnipisseogee  Lake  Steam  boat  Company  and 
for  the  purpose  of  transporting  by  means  of  steamboats  over  and 
upon  the  waters  of  Lake  Winnipisseogee  in  the  State  of  New  Hamp- 
shire, passengers,  goods,  wares,  merchandize,  lumber,  corn,  grain, 
and  any  other  articles  or  products  whatever — 

Sec.  2.  And  be  it  further  enacted,  that  said  company  are  hereby 
invested  with  the  sole  and  exclusive  right  and  privilege  of  using  and 
employing  steam  boats  or  steam  vessels  on  said  Lake  for  the  term 
of  twenty  years  from  and  after  the  first  day  of  April  in  the  year 
of  our  Lord  eighteen  hundred  and  twenty  five. 

Sect.  3.  And  be  it  further  enacted,  that  said  company  may  take 
and  hold  any  wharves,  storehouses  or  other  real  estate  not  exceed- 
ing in  value  twenty  thousand  dollars  and  personal  estate  not  exceed- 
ing fifty  thousand  dollars  for  the  use  of  said  company,  and  may 
exercise  all  the  powers  and  rights  incident  to  corporations. 

Sect.  4.  And  be  it  further  enacted,  that  if  said  company  shall 
not  within  one  year  from  and  after  the  first  day  of  May  next  put 
into  use  and  operation  on  said  lake  for  the  purpose  aforesaid  one 
steam  boat  or  steam  vessel,  or  if  said  company  shall  afterwards  for 
the  term  of  four  months  at  any  one  time  during  the  boating  season 
discontinue  or  omit  to  use  and  employ  a  steam  boat  or  steam  vessel 


232  LAWS  OF   NEW  HAMPSHIRE 

on  said  lake  for  the  purpose  aforesaid  unless  said  boat  or  vessel 
be  injured  and  prevented  from  running  by  inevitable  accident,  or 
shall  for  the  term  of  one  year  at  any  one  time,  for  any  cause,  dis- 
continue or  omit  to  use  and  employ  a  steam  boat  or  steam  vessel 
for  the  purpose  aforesaid,  this  act  shall  be  wholly  null  and  void. 

Section  5.  And  be  it  further  enacted,  that  said  Joseph  Smith 
may  call  the  first  meeting  of  said  company  by  giving  reasonable 
notice  of  the  time  and  place  of  holding  the  same. 


[CHAPTER  44  ] 

State  of  \ 

New  Hampshire.  \ 

An  act  requiring  the  Overseers  of  the  poor  to  make  annual 
returns  of  the  state  of  pauperism  in  their  respective 
towns  to  the  secretary's  office. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  15;  recorded  Acts,  vol. 
22,  p.  398.  Session  Laws,  1823,  Chap.  46.  Laws,  1824  ed.,  p.  188;  id.,  1830  ed., 
p.  299.     See  also  act  of  June  22,  1832,  Session  Laws,  1832,  Chap.  75.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  overseers  of  the  poor  shall 
annually  make  out  a  statement  and  account  of  the  names  and  ex- 
expense  of  the  paupers  in  their  respective  towns  for  the  year  ending 
before  or  within  the  month  of  March,  which  statement  and  account 
shall  contain,  as  near  as  may  be,  the  age  of  the  respective  paupers, 
the  sums  expended  on  each,  the  cause  of  their  being  unable  to  sup- 
port themselves,  as  idiocy,  distraction  age,  infirmity  of  body  or 
mind,  idleness,  vicious  habits,  and  when  intemperance  is  an  accom- 
panying cause  it  shall  always  be  mentioned;  and  the  said  account 
shall  also  distinguish  the  county  paupers,  and  those  who  are  not 
supposed  to  have  their  settlement  in  the  town,  from  those  who  are 
the  proper  charge  thereof,  and  shall  set  forth  the  sums  expended 
in  prosecuting  and  defending  suits  in  relation  to  the  poor,  and  the 
mode  adopted  for  the  support  of  the  poor.  And  the  statement  and 
account  so  made  out  shall  be  signed  by  the  said  overseers  and  by 
them  be  forwarded  to  the  Secretary  of  State  on  or  before  the  first 
Wednesday  of  June  annually. 

Sec  2.  And  be  it  further  enacted,  that  it  shall  be  the  duty  of 
the  Secretary  to  receive  such  returns  and  to  preserve  them  on  file 
in  his  office  alphabetically  by  counties  and  to  report  to  the  Legis- 
lature at  their  June  Session  the  names  of  the  towns  where  such  re- 
turns are  delinquent. 


LAWS   OF    NEW   HAMPSHIRE  233 

[CHAPTER  45.] 

State  0]  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Proprietors  of  the  Dover  Aqueduct. 

[Approved  July  2,  1823.  Original  Acts,  vol.  2%,  p.  16;  recorded  Acts, 
vol.  22,  p.  399.  See  acts  of  July  2,  1870,  Session  Laws,  1867-71,  p.  470; 
July  20,  1887,  id.,  1883-87,  p.  550;  August  24,  1887,  id.,  p.  600;  July  11,  1889, 
id.,  1889-91,  p.  154.  and  July  30,  1889,  id.,  p.  184.  ] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Asa  Freeman,  Jesse  Var- 
ney,  John  Williams  and  William  Hale,  and  their  associates  and  suc- 
cessors, be  and  hereby  are  constituted  a  body  corporate  and  politic 
forever  by  the  name  of  the  Proprietors  of  the  Dover  Aqueduct,  and 
for  the  purpose  of  conveying  water  by  subterraneous  pipes  into  the 
Village  of  Dover. 

Section  2.  And  be  it  further  enacted,  that  besides  the  powers 
incident  to  corporations  and  not  herein  enumerated,  said  corpora- 
tion shall  have  power  to  take  and  hold  real  estate  to  the  amount  of 
two  thousand  dollars,  and  personal  estate  to  the  amount  of  ten 
thousand  dollars,  and  no  more,  and  may  enforce  the  payment  of 
all  assessments  duly  made  on  the  shares  of  the  proprietors  by  ad- 
vertizing and  selling  the  shares  of  any  delinquent  proprietor  in  the 
manner  to  be  prescribed  by  the  bylaws  of  said  corporation. — 

Section  3.  And  be  it  further  enacted,  that  said  corporation  is 
hereby  authorized  to  enter  upon  and  break  up  the  ground  and  dig 
ditches  in  any  land  or  enclosures  or  any  streets  or  highways,  through 
which  it  may  be  necessary  for  said  Aqueduct  to  pass,  for  the  purpose 
of  placing  such  pipes  as  may  be  necessary  for  building  and  com- 
pleting said  aqueduct,  or  of  repairing  the  same  when  requisite; 
provided,  that  in  case  the  said  proprietors  and  the  owners  of  the 
land  through  which  said  aqueduct  must  pass  shall  not  agree  on  the 
compensation  to  be  made  for  the  damage  done  to  said  land,  the 
Superior  Court  of  Judicature  upon  application  of  said  proprietors, 
or  of  the  owners,  may  appoint  a  committee  who  shall  ascertain  the 
same  and  make  report  to  said  Court,  and  if  either  of  said  parties 
shall  be  dissatisfied,  with  the  report  of  said  Committee,  on  appli- 
cation to  the  Superior  Court  for  that  purpose,  a  trial  by  Jury  for 
the  purpose  of  assessing  said  damages  shall  be  had  in  the  same  way 
and  manner  as  other  trials  are  had  at  said  Court,  and  the  said 
Court  are  authorized  to  render  judgment  on  said  report  or  verdict 
of  said  jury  and  issue  execution  accordingly,  and  provided  also 
that  the  said  streets  or  highways  shall  not  be  dug  up  or  opened  by 
said  proprietors  in  such  manner  as  to  obstruct  or  hinder  the  citi- 


2  34  LAWS  OF   NEW  HAMPSHIRE 

zens  of  the  State  from  passing  therein  with  their  teams  and  car- 
riages with  convenience. — 

Section  4.  And  be  it  further  enacted  that  any  person  who  shall 
maliciously  or  wantonly  injure  said  aqueduct  and  be  convicted 
thereof  upon  indictment  before  the  Superior  Court  of  judicature 
shall  be  punished  by  fine  not  exceeding  three  hundred  dollars,  and 
shall  be  liable  to  pay  treble  damages  to  said  corporation  to  be  re- 
covered in  any  proper  action. — 

Section  5.'  And  be  it  further  enacted  that  said  Asa  Freeman, 
Jesse  Varney  and  John  Williams,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  proprietors  by  giving  such  public  notice  thereof 
as  they  may  think  reasonable. 


[CHAPTER  46.] 


State  of  } 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act  passed  June  20™  A.D.  181 1.  en- 
titled "An  Act  to  prevent  the  destruction  of  Salmon  Shad 
and  alewives  in  merrimac  river,  and  the  several  streams 
falling  into  the  same,  and  for  repealing  certain  laws 
heretofore  made  for  that  purpose 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  17;  recorded  Acts, 
vol.  22,  p.  401.  Session  Laws,  1823,  Chap.  48.  Laws,  1824  ed.,  p.  125;  id., 
1830  ed.,  p.  246.  The  act  referred  to  is  printed  in  Laws  of  New  Hamp- 
shire, vol.  8,  p.  45.  See  also  acts  of  June  23,  1818,  id.,  p.  685;  December 
16,  1820,  id.,  p.  937,  and  June  20,  1827,  post.  Repealed  by  act  of  June  28, 
1831,  Session  Laws,  1831,  Chap.  27.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  from  and  after  the  pass- 
ing of  this  Act  so  much  of  the  Act  aforesaid  to  which  this  is  in  addi- 
tion, as  prohibits  the  erecting,  building  or  constructing  any  mill  dam 
ware  or  other  obstruction  upon  or  across  any  of  the  streams  falling 
into  the  said  river  Merrimac,  so  as  to  prevent  the  free  passage  of  said 
fish  in  said  streams  or  as  requires  the  keeping  open  a  sufficient 
passage  way  for  the  fish  aforesaid,  through  any  mill  dam  which  has 
been  or  may  hereafter  be  built  across  any  of  the  rivers  or  streams 
falling  into  the  said  river  Merrimac  from  the  tenth  day  of  May  to 
the  twentieth  day  of  June  and  from  the  twentieth  day  of  August  to 
the  twentieth  day  of  September  annually,  so  far  as  the  provisions 
of  the  Act  aforesaid  relate  to  the  rivers  Nashua  and  Winnipisiogee 
be  and  the  same  are  hereby  repealed. 


LAWS   OF    NEW   HAMPSHIRE  235 

[CHAPTER  47.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  empower  the  First  Congregational  Parish  in  the 
town  of  barrington  to  tax  the  pews  in  their  house  of 
public  worship  for  the  purpose  of  repairing  the  same. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  18;  recorded  Acts, 
vol.  22,  p.  402.  See  act  of  June  25,  1818,  Laws  of  New  Hampshire,  vol.  8, 
P-  7I5-] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  for  the  purpose  of  re- 
pairing from  time  to  time  the  house  of  public  religious  worship 
belonging  to  the  First  Congregational  Parish  in  the  town  of  Bar- 
rington,  said  Parish  is  hereby  authorized  and  empowered  to  assess 
at  their  annual  or  other  legal  meetings  equal  and  necessary  taxes 
upon  the  pews  in  said  house,  and  in  case  said  taxes  shall  remain 
unpaid  for  six  months  after  the  assessment  of  the  same,  any  pew 
or  pews  upon  which  the  taxes  so  remain  unpaid,  may  be  advertized 
by  the  Collector  of  the  Parish  and  sold  at  public  auction  to  the 
highest  bidder  after  posting  up  notice  thereof  at  the  door  of  said 
house  fifteen  days  previous  to  such  sale;  and  after  paying  the 
taxes  and  cost  of  sale,  the  residue  of  the  money  accruing  from  the 
same  shall  be  paid  over  to  the  delinquent  owner  of  any  pew  sold  as 
aforesaid,  on  demand — 


[CHAPTER  48.] 


State  oj  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  Rising  Sun  Lodge  N°  39 — 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  19;  recorded  Acts, 
vol.  22,  p.  403.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court,  convened,  that  John  Lund,  Moody  D  Love- 
well  and  Israel  Hunt  Junior  and  their  associates  and  successors  be 
and  they  are  hereby  constituted  and  made  a  body  corporate  and 
politic  forever  by  the  name  of  Rising  Sun  Lodge  N°  39  and  by  that 
name  may  sue  and  be  sued  plead  and  be  impleaded,  prosecute  and 
be  prosecuted  to  final  Judgment  &  execution,  and  may  make, 
have  and  use  a  common  seal,  and  the  same  may  break, 
alter  or  renew  at  pleasure  and  may  hold  real  &  personal  estate  not 


236  LAWS   OF    NEW   HAMPSHIRE 

exceeding  in  amount  the  sum  of  three  thousand  dollars  and  shall 
have  and  possess  all  the  powers  &  privileges  incident  to  corpora- 
tions of  a  similar  nature. — 

Sec.  2d  Be  it  further  enacted,  that  John  Lund,  Moody  D.  Love- 
well  and  Israel  Hunt  Junior  or  any  two  of  them  may  call  the  first 
meeting  of  said  corporation  by  giving  public  notice  of  the  same 
in  some  newspaper  printed  in  Amherst  three  weeks  at  least  before 
the  day  of  holding  such  meeting — and  at  said  meeting  may  choose 
such  officers  and  make  and  establish  such  rules  &  regulations  as  to 
them  shall  seem  proper.  Provided  such  rules  &  regulations  shall 
not  be -repugnant  to  the  constitution  &  laws  of  this  State. — 


[CHAPTER  49.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  an  association  for  a  Library  in  the 
Town  of  Bristol  in  the  County  of  Grafton. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  20;  recorded  Acts, 
vol.  22,  p.  404.] 

Section  1st. — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  James  Minot,  Moses  W. 
Sleeper  and  their  associates  be  a  Corporation  by  the  name  of  the 
proprietors  of  Bristol  Library,  to  be  established  and  kept  in  said 
Town  of  Bristol,  with  all  the  powers  and  privileges  necessary  and 
incident  to  Corporations  of  a  similar  nature. 

Section  2d. — And  be  it  further  enacted,  that  James  Minot  and 
Moses  W.  Sleeper  may  call  a  meeting  of  said  Proprietors  by  ad- 
vertisement to  be  posted  up  at  two  public  places  in  said  Town,  ten 
days  before  such  Meeting;  and  the  said  proprietors  may,  at  the 
Meeting  aforesaid,  elect  such  Officers  and  make  and  establish  such 
By-laws  and  regulations,  ( not  contravening  the  Laws  of  this  State,) 
as  by  them  shall  be  deemed  expedient  and  necessary  for  the  gov- 
ernment of  said  Corporation. 


LAWS   OF   NEW  HAMPSHIRE  237 

[CHAPTER  50.] 

State  oj  1 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Mount  Moriah  Lodge  N°  22  in  the  Town  of  Canaan — 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  21 ;  recorded  Acts, 
vol.  22,  p.  405.] 

Section  1 — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Abram  Pushee,  Eben- 
ezer  Chase,  Stephen  Folsom,  Timothy  Tilton,  Samuel  Morgan  and 
all  persons  who  may  hereafter  become  members  of  said  Lodge,  be 
and  they  hereby  are  incorporated  and  made  a  body  politic  forever 
by  the  name  of  the  Mount  Moriah  Lodge  N°  22  in  the  Town  of 
Canaan,  and  the  said  body  corporate  is  hereby  empowered  to  hold 
and  possess  real  and  personal  estate,  not  exceeding  in  value  the  sum 
of  two  thousand  dollars,  and  is  vested  with  all  the  powers,  rights 
and  privileges  incident  to  corporations  of  a  similar  nature. — 

Section  2.  And  be  it  further  enacted,  that  the  said  Abram 
Pushee  may  call  the  first  meeting  of  said  Lodge  by  giving  fourteen 
days  notice  of  said  meeting  in  the  New  Hampshire  Patriot  and 
State  Gazette  of  the  time  and  place  of  said  meeting,  and  at  such 
meeting  or  any  subsequent  meeting,  the  members  of  said  Lodge  may 
choose  a  Secretary  and  elect  such  officers,  and  establish  such  by 
laws,  rules  and  regulations  as  may  be  deemed  necessary  for  the 
government  of  said  Lodge,  and  for  carrying  into  effect  the  objects 
thereof,  provided  said  by  laws,  rules  and  regulations  be  not  repug- 
nant to  the  Constitution  and  Laws  of  this  State. 


[CHAPTER  51.] 

State  oj  ) 

New  Hampshire.  \ 

An  act  to  change  the  name  of  the  Franklin  literary  So- 
ciety IN  NORTHFIELD 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  22;  recorded  Acts, 
vol.  22,  p.  406.     See  act  of  incorporation  dated  June  30,  1821,  ante,  p.  56.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  the  Incorporation  by  the  name  of  the 
Franklin  Literary  Society  in  Northfield  may  assume  the  Style  and 
shall  hereafter  be  known  by  the  name  of  the  Franklin  Literary  So- 
ciety of  Sandbornton  Academy 


2^8  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  52.] 

State  oj  \ 

New  Hampshire.  J 

An  Act,  to  incorporate  certain  persons  by  the  name  of  the 
Union  Lodge  N°  io  in  the  Town  of  Orford. — 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  23;  recorded  Acts, 
vol.  22,  p.  406.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  William  Howard,  George 
M.  Phelps,  Royal  Morriss,  James  Dayton,  John  Rogers  and  all  per- 
sons who  may  hereafter  become  members  of  said  Lodge,  be  and 
they  hereby  are  incorporated  and  made  a  body  politic  forever  by 
the  name  of  the  Union  Lodge  N"  10  in  the  Town  of  Orford,  and  the 
said  body  corporate  is  hereby  empowered  to  hold  and  possess  real 
and  personal  estate  not  exceeding  in  value  the  sum  of  two  thousand 
dollars,  and  is  vested  with  all  the  powers,  rights  and  privileges 
incident  to  corporations  of  a  similar  nature. — 

Section  2.  And  be  it  further  enacted,  that  the  said  William 
Howard,  may  call  the  first  meeting  of  said  Lodge  by  giving  four- 
teen days  notice  of  said  meeting  in  the  New-Hampshire  Patriot  and 
State  Gazette  of  the  time  and  place  of  said  meeting,  and  at  said 
meeting  or  any  subsequent  meeting,  the  members  of  said  Lodge 
may  choose  a  Secretary,  and  elect  such  other  officers,  and  establish 
such  by  laws,  rules  and  regulations  as  may  be  deemed  necessary 
for  the  government  of  said  Lodge  and  the  carrying  into  effect  the 
objects  thereof,  provided  said  by  laws,  rules  and  regulations  be  not 
repugnant  to  the  Constitution  and  Laws  of  this  State. — 

[CHAPTER  53.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  for  incorporating  certain  persons  by  the  name  of 
"Brookline  Social  Library." 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  24;  recorded  Acts, 
vol.  22,  p.  407.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Ensign  Bailey,  William 
S.  Crosby,  Isaac  Sawtell,  Nathaniel  Shattuck,  junior,  James  Parker, 
junior,  James  Parker  and  Joshua  Hall,  and  all  such  as  may  here- 
after associate  with  them,  be,  and  they  hereby  are  incorporated  into 


LAWS  OF   NEW  HAMPSHIRE  239 

a  body  politic,  by  the  name  of  the  "Brookline  Social  Library,"  with 
continuation  and  succession  forever;  and  in  that  name  may  sue  and 
be  sued  in  all  actions  personal,  and  may  prosecute  and  defend  the 
same  to  final  judgment  and  execution;  and  they  hereby  are  vested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a 
similar  nature;  and  may  enjoin  penalties  of  disfranchisement,  or 
fine,  not  exceeding  four  dollars  for  each  offence,  to  be  recovered 
by  said  Society  in  an  action  of  debt,  to  their  own  use,  in  any  court 
proper  to  try  the  same;  and  they  may  make,  purchase  and  receive 
subscriptions,  grants  and  donations  of  personal  estate,  not  exceed- 
ing one  thousand  dollars  for  the  purpose  and  use  of  said  Associa- 
tion. 

Sec.  2.  And  be  it  further  enacted,  That  said  Society  be,  and 
they  hereby  are  authorized  to  assemble  at  Brookline  on  the  first 
Wednesday  of  November  next,  and  forever  after  on  the  first 
Wednesday  of  November  annually,  to  choose  all  such  officers  as 
may  be  found  necessary  for  the  orderly  conducting  of  the  affairs  of 
said  Corporation;  who  shall  continue  in  office  until  others  are 
chosen  in  their  stead.  And  the  said  Corporation  may  assemble  as 
often  as  may  be  found  necessary  for  filling  up  any  vacancies  which 
may  happen  in  said  ^offices ;  and  for  transacting  all  other  business, 
excepting  the  raising  of  money,  which  shall  be  done  at  their  annual 
meetings,  and  at  no  other  time.  And  said  Corporation  shall  have 
power  to  make  such  rules  and  by-laws  for  the  government  of  said 
Society,  as  may  from  time  to  time  be  found  necessary:  provided 
the  same  be  not  repugnant  to  the  constitution  and  laws  of  this 
State. 

Sec.  3.  And  be  it  further  enacted,  That  Ensign  Bailey, 
William  S.  Crosby  and  Isaac  Sawtell,  or  any  two  of  them,  are  hereby 
authorized  and  empowered  to  call  the  first  meeting  of  said  pro- 
prietors at  such  time  and  place  in  said  town,  by  giving  personal 
notice  of  the  time  and  place  of  holding  said  meeting  at  least  seven 
days  before  the  same,  or  by  posting  up  at  some  public  place  in  said 
town  a  notification  of  the  time,  place  and  design  of  said  meeting, 
at  least  fifteen  days  before  the  same:  And  the  said  proprietors  at. 
said  meeting  shall  have  the  same  power  to  choose  officers  and  make 
by-laws,  as  they  have  by  this  act  at  their  annual  meeting;  and  th« 
said  Ensign  Bailey  or  William  S.  Crosby  shall  preside  in  said  first 
meeting  until  a  presiding  officer  shall  be  chosen;  and  in  case  a. 
majority  of  said  proprietors  shall  not  convene  on  that  day,  a  less 
number  shall  have  a  right  to  adjourn  from  time  to  time  until  a 
majority  shall  assemble. 


240  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  54.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  establish  a  corporation  by  the  name  of  the  first 
cotton  mill  in  merrimac. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  25;  recorded  Acts, 
vol.  22,  p.  409.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Isaac  Riddle,  William 
P.  Riddle  and  their  associates,  their  successors  and  assigns,  be  and 
they  hereby  are  incorporated  by  the  name  of  the  First  cotton  mill 
in  Merrimac  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend  to  final  judgment  and  execution  and  be  known  and  dis- 
tinguished in  their  acts  and  proceedings  and  in  all  cases  whatever, 
and  shall  be  and  hereby  are  vested  with  all  the  powers  and  priv- 
ileges which  by  law  are  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  said  corporation  is 
hereby  empowered  to  carry  on  the  manufacture  of  cotton  and  other 
goods  and  the  business  necessarily  connected  therewith  at  Mer- 
rimac in  the  county  of  Hillsborough  and  may  erect  dams,  mills, 
woeks  and  buildings  necessary  and  convenient  for  carrying  on  and 
conducting  these  useful  manufactures. 

Section  3.  And  be  it  further  enacted,  that  said  corporation  is 
hereby  authorized  to  acquire  by  purchase  or  otherwise  and  to  hold 
and  enjoy  such  real  and  personal  estate  as  may  be  necessary  or 
useful  for  the  purposes  aforesaid;  and  the  same  to  sell,  convey  and 
dispose  of  at  pleasure;  provided  the  estate  held  by  said  corpora- 
tion shall  not  at  any  time  exceed  two  hundred  and  fifty  thousand 
dollars. — 

Section  4.  And  be  it  further  enacted,  that  the  said  Isaac  Riddle 
and  William  P.  Riddle  or  the  survivor,  may  call  the  first  meeting  of 
said  corporation  by  giving  ten  days  personal  notice  or  by  adver- 
tisement in  some  newspaper  printed  in  the  county  of  Hillsborough 
giving  at  least  twenty  days  notice  of  the  time,  place  and  design  of 
such  meeting  at  which  they  shall  choose  a  secretary  or  clerk,  who 
shall  be  sworn  faithfully  to  discharge  the  duties  of  his  office  and 
whose  duty  it  shall  be  to  record  the  proceedings  of  said  corpora- 
tion and  perform  such  other  services  as  the  by-laws  may  require. 
And  at  the  same  or  any  subsequent  meeting  duly  holden,  the  said 
members  may  agree  on  the  manner  of  calling  the  future  meetings: 
may  divide  the  capital  or  joint  stock  into  any  number  of  shares 
not  exceeding  one  hundred,  and  agree  on  the  manner  of  transfer- 
rins them;  may  order  assessments  and  fix  the  time  in  which  they 
shall  be  paid;  elect  a  Treasurer,  agent  or  agents  and  such  officers 


LAWS   OF  NEW   HAMPSHIRE  24 1 

and  servants  as  they  may  deem  necessary,  and  prescribe  their 
duties;  pass  by  laws  for  their  regulation  and  government;  and  do 
and  transact  any  business  in  relation  to  the  concerns  and  for  the 
benefit  of  said  corporation:  all  elections  and  all  other  questions, 
if  required,  shall  be  determined  by  a  majority  of  votes  present  or 
represented  at  any  meeting  accounting  one  vote  to  each  share  in 
all  cases  and  all  representations  shall  be  in  writing  signed  by  the 
person  represented  and  filed  with  the  secretary. 

Section  5.  And  be  it  further  enacted,  that  the  shares  in  said 
corporation  shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments legally  made  thereon;  and  upon  the  non-payment  of  such 
assessment  or  any  part  thereof  for  the  space  of  thirty  days  after 
the  same  shall  have  become  due  and  payable  the  Treasurer  may  pro- 
ceed in  the  manner  prescribed  in  the  by  laws  of  said  corporation 
to  advertise  and  sell  at  public  auction  such  delinquent  shares  or  so 
many  of  them  as  may  be  necessary  to  pay  the  sums  due  thereon 
with  incidental  charges. 


[CHAPTER  55.] 


State  0}  ) 

New  Hampshire.  ( 


An  Act  to  change  the  names  of  sundry  persons  therein 

NAMED. 

[Approved  July   2,    1823.      Original   Acts,  vol.   28,   p.   26;    recorded   Acts, 
vol.  22,  p.  412.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Calvin  Farnsworth  of  West- 
moreland, take  the  name  of  Calvin  Shelly;  that  William  H.  Nute 
of  Barnstead,  take  the  name  of  William  H.  Newell;  that  Olive 
Nute  take  the  name  of  Olive  Newell;  that  Moses  Dennet  Nute, 
take  the  name  of  Moses  Dennet  Newell;  that  Betsey  Nute  take 
the  name  of  Betsey  Newell;  that  Marv  Frances  Nute  take  the 
name  of  Mary  Frances  Newell;  that  Charles  Dennet  Nute,  take 
the  name  of  Charles  Dennet  Newell;  that  Samuel  Nute,  of  Peeling 
take,  the  name  of  Samuel  Newell;  that  Polley  Nute  take  the  name 
of  Polley  Newell;  that  Millet  Jones  Nute  take  the  name  of  Millet 
Jones  Newell;  that  Mary  Nute  take  the  name  of  Mary  Newell 
that  Cyrus  Leonard  Nute  take  the  name  of  Cyrus  Leonard  Newell 
that  Betsey  Nute.  of  Barnstead,  take  the  name  of  Betsey  Newell 
that  Hannah  S.  Nute  take  the  name  of  Hannah  S.  Newell;  that 
Elijah  Graves  of  Keen  take  the  name  of  Elijah  Gay;  that  William 
Smith  3rd.  of  Gilmanton,  take  the  name  of  William  Batcheldor 
Smith;  that  John  Barrett  3rd,  of  Hinsdale,  take  the  name  of  John 

16 


242  LAWS   OF   NEW  HAMPSHIRE 

H.  Barrett;  that  Millet  Ellis  of  Jaffrey  take  the  name  of  John  M. 
Ellis,  that  John  Clark  6th  of  Sanbornton  take  the  name  of  John 
Henry  Clark. 

Sec.  2  And  be  it  further  enacted,  that  from  and  after  the  pass- 
ing of  this  act,  the  several  persons  herein  before  named,  shall  be 
known  and  called  by  the  names  which  by  this  act  they  are  respec- 
tively allowed  to  take,  and  assume  as  aforesaid,  and  that  said  names 
shall  forever  hereafter,  be  considered  as  their  only  proper  and  legal 
names,  to  all  intents  and  purposes. 


[CHAPTER  56.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Proprietors  of  Six-Mile-Stream  Canal. 

[Approved  July  2,  1823.  Original  Acts,  vol.  28,  p.  27;  recorded  Acts, 
vol.  22,  p.  413.    See  act  of  July  4,  1851,  Session  Laws,  1851,  Chap.  1193.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonathan  Tucker,  Ellis 
B.  Usher,  Ford  Whitman  and  Thomas  Randall,  and  those  who  may 
hereafter  be  admitted  their  Associates,  be  a  corporation  forever,  by 
the  name  of  the  Proprietors  of  the  Six-Mile-Stream  Canal;  and  by 
that  name  may  sue  and  be  sued,  defend  and  be  defended,  prose- 
cute and  be  prosecuted;  shall  have  a  common  seal  which  they  may 
at  pleasure  alter;  and  shall  enjoy  all  privileges  and  powers,  and  be 
subject  to  all  the  liabilities  incident  to  similar  corporations. 

Sec.  2.  And  be  it  further  enacted,  That  the  Proprietors  afore- 
said be,  and  hereby  are  empowered  within  the  term  of  five  years 
from  the  passing  of  this  act,  to  make  a  Canal  from  Six-Mile  Pond 
in  Eaton  in  the  county  of  Strafford  to  Great  Ossipee  Pond,  in  the 
most  convenient  direction  for  making  said  Canal,  and  for  trans- 
porting timber  therein,  and  to  erect  dams  and  slips  at  the  most 
suitable  places,  and  remove  any  obstructions  from  said  stream,  and 
to  do  all  things  necessary  to  facilitate  the  passage  of  persons  and 
property  down  said  Six-Mile  Stream. 

Sec.  3.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons, whose  land  shall  be  taken  to  make  said  Canal,  or  whose  land 
shall  be  flowed,  by  said  Canal,  and  the  proprietors  cannot  agree 
upon  the  amount  of  damage  thus  occasioned,  nor  upon  some  suit- 
able person  or  persons  to  estimate  the  same,  then  and  in  that  case 
some  disinterested  committee  of  three  freeholders  in  said  county, 
shall  be  appointed  by  the  Superior  Court  of  Judicature,  or  by  two 
Justices  of  the  Quorum  in  and  for  said  county;  and  the  determina- 


LAWS   OF    NEW    HAMPSHIRE  243 

tion  of  the  said  Committee  or  referees,  so  appointed,  shall  be  the 
measure  of  damages:  Provided  however,  that  if  either  party  shall 
be  dissatisfied  with  the  report  of  said  referees  so  appointed  and 
shall  at  the  same  term  of  the  Court  aforesaid,  at  which  said  report 
shall  be  made,  apply  to  the  said  Court  for  a  trial  by  jury  in  the 
manner  other  causes  are  determined,  the  Court  aforesaid  shall  have 
power  to  determine  by  jury  as  aforesaid;  and  if  the  verdict  of  the 
jury  shall  not  give  to  the  party  applying  a  greater  sum  in  damages 
than  said  referees  shall  have  awarded  as  aforesaid,  then  the  said 
Court  shall  award  costs  against  the  applicants;  but  if  the  said  last 
decision  shall  be  more  favorable  to  the  party  applying  than  the 
report  of  said  referees,  then  the  said  Court  shall  render  judgment 
accordingly,  and  issue  execution  in  either  case. 

Sec.  4.  And  be  it  further  enacted,  That  all  persons  shall  have 
a  right,  on  paying  the  legal  toll  therefor,  to  pass  themselves,  or  to 
carry  any  logs,  lumber,  produce  or  merchandize  over  said  Canal; 
and  if  any  person  or  persons  shall  wilfully  and  maliciously  in  any 
way  destroy  or  injure  said  Canal,  or  any  works  or  part  thereof,  or 
divert  or  obstruct  the  waters  to  the  damage  of  said  proprietors,  he, 
she  or  they  shall  pay  treble  the  value  of  said  damage  as  said  pro- 
prietors shall  before  any  Court  of  competent  jurisdiction  make  to 
appear  that  said  proprietors  have  sustained. 

Sec.  5.  And  be  it  further  enacted,  That  before  the  said  pro- 
prietors of  said  Canal  shall  be  authorized  to  require  or  receive  any 
toll  for  the  passage  of  any  persons  or  property  over  said  Canal, 
they  shall  exhibit  to  the  Justices  of  the  Superior  Court  of  Judica- 
ture, or  any  two  of  them,  a  just  and  true  account  of  the  cost  of 
said  Canal,  verified  by  the  oath  of  at  least  two  of  the  officers  of 
said  Corporation;  and  upon  the  exhibition  of  said  account,  so 
verified,  it  shall  be  the  duty  of  said  Justices  to  establish  and  de- 
clare an  equitable  rate  of  toll  for  passing  through  said  Canal:  — 
Provided  that  the  toll  for  such  mill  logs  and  timber  as  will  make 
one  thousand  feet  of  boards,  and  may  be  placed  on  said  Canal  north 
of  the  County  road  that  crosses  said  Six-Mile-Stream,  shall  not 
exceed  twenty  cents  for  every  thousand  feet  aforesaid;  and  that 
the  toll  for  such  mill  logs  and  timber  as  aforesaid  which  may  be 
placed  on  said  Canal  south  of  said  County  road  shall  not  exceed 
twelve  and  a  half  cents  for  every  thousand  feet  as  aforesaid.  And 
the  said  Justices  are  hereby  authorized  from  time  to  time  on  the 
application  of  said  proprietors,  or  of  any  other  person,  or  on  proof 
of  the  true  state  of  the  funds  of  said  Corporation  to  make  such 
alterations  in  the  rates  of  toll  as  on  such  proof  shall  appear  to  said 
Justices  to  be  equitable;  subject  however  to  the  restrictions  herein 
before  contained. 

Sec.  6.  And  be  it  further  enacted,  That  said  proprietors  be  and 
they  are  hereby  authorized  and  empowered  to  purchase  and  hold 
to  them  and  their  successors  forever,  so  much  real  estate  as  shall 


244  LAWS  OF   NEW  HAMPSHIRE 

be  necessary  for  the  purposes  aforesaid,  not  exceeding  one  thousand 
dollars. 

Sec.  7.  And  be  it  further  enacted,  That  the  stock  in  said  Canal 
shall  be  divided  into  fifty  shares,  and  numbered  in  progressive  or- 
der, and  that  each  share  in  all  cases  shall  be  allowed  one  vote. 

Sec.  8.  And  be  it  further  enacted,  That  the  persons  herein  be- 
fore named,  or  any  three  of  them,  may  call  the  first  meeting  of 
the  members  of  said  Corporation,  as  soon  as  may  be,  by  giving 
public  notice  thereof,  at  least  two  weeks  prior  to  said  meeting,  by 
posting  up  notifications  for  that  purpose  in  the  town  of  Eaton, 
at  which  place  said  meeting  shall  be  holden;  and  when  met,  may 
choose  all  necessary  officers,  and  agree  upon  a  method  of  calling 
future  meetings  of  said  proprietors,  and  do  and  transact  all  other 
matters  and  things  of  said  proprietors,  not  contrary  to  the  laws  and 
constitution  of  this  State. 


[CHAPTER  57.] 

State  of  ] 

New  Hampshire.  \ 

An   Act   to  incorporate   certain   persons   by   the  name   of 
holderness  union  library  society. 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  28;  recorded  Acts, 
vol.  22,  p.  416.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Moses  Merrill,  Samuel 
Thompson,  Joseph  Shepard  and  their  associates  and  successors  be 
and  are  hereby  incorporated  into  and  made  a  body  politic  by  the 
name  and  style  of  the  Holderness  Union  Library  Society  with  con- 
tinuance and  succession  forever;  and  are  hereby  vested  with  all  the 
powers  and  privileges  of  corporations  of  a  similar  nature  and  may 
hold  personal  property  not  exceeding  two  thousand  dollars  for  the 
use  of  their  association — 

Sec.  2.  And  be  it  further  enacted  that  Moses  Merrill  and 
Samuel  Thompson  are  hereby  authorized  to  call  the  first  meeting 
of  said  corporation  at  such  time  and  place  as  they  may  think 
proper  by  posting  up  a  notification  of  the  same  at  some  public 
place  in  said  Holderness  at  least  fifteen  days  prior  to  such  meet- 
ing.— 


LAWS  OF   NEW   HAMPSHIRE  245 

[CHAPTER  58.] 


State  of  I 

New  Hampshire.  \ 


An  act  in  addition  to  and  in  amendment  of  an  act  passed 
July  i,  1819  entitled  an  act  in  amendment  of  an  act  enti- 
tled AN  ACT  FOR  REGULATING  TOWNS  AND  THE  CHOICE  OF  TOWN 
OFFICERS  PASSED  FEB.   8.    I  79 1 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  29;  recorded  Acts, 
vol.  22,  p.  417.  Session  Laws,  1823,  Chap.  60.  Laws,  1824  ed.,  p.  46.  The 
acts  referred  to  are  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  587,  and 
vol.  8,  p.  820.     Repealed  by  act  of  July  3,  1827,  post.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  any  religious  society 
now  formed  or  which  may  hereafter  be  formed  within  this  State 
according  to  the  provisions  of  the  act  to  which  this  in  addition,  may 
and  such  society  is  hereby  authorized  to  collect  and  receive  by 
voluntary  contribution  or  by  devise,  and  hold  for  the  uses  of  such 
society  a  permanent  fund,  not  exceeding  the  sum  of  ten  thousand 
dollars,  the  annual  income  of  which  shall  be  appropriated  towards 
erecting  or  repairing  a  place  of  public  worship  for  such  society  and 
for  the  support  of  the  ministry  in  such  society. 

Sec.  2.  And  be  it  further  enacted,  that  such  society  may  have  a 
common  seal,  and  may  make  and  establish  all  necessary  rules  and 
by-laws  for  the  proper  management  and  appropriation  of  their  per- 
manent fund  or  funds,  and  may  from  time  to  time  elect  such  and 
so  many  officers  as  may  be  necessary  for  the  organization  and 
government  of  such  society,  and  for  conducting  the  concerns 
thereof,  and  may  prescribe  the  proper  powers  and  duties  of  such 
officers,  and  may  at  pleasure  remove  any  such  officers,  and  elect 
others  in  their  stead. 


[CHAPTER  59.] 


State  of  } 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act,  entitled,  an  act  regulating  the 
jurisdiction  of  the  courts  of  law,  and  altering  the  style 
and  name  of  the  courts  of  common  pleas." 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  30;  recorded  Acts, 
vol.  22,  p.  419.  Session  Laws,  1823,  Chap.  61.  Laws,  1824  ed.,  p.  187.  See 
act  of  December  15,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  934.  See  also 
acts  of  December  20,  1824,  and  June  22,  1826,  post.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  where  it  now  is,  or 


246  LAWS  OF   NEW   HAMPSHIRE 

hereafter  shall  be  necessary  to  commission  all  the  Justices  who  are 
to  compose  a  Court  of  Sessions  in  any  county  in  this  State,  there 
shall  be  one  Chief  Justice  and  two  Associate  Justices  only  ap- 
pointed; and  there  shall  be  no  appointment  of  a  Justice  to  fill  any 
vacancy  that  now  is,  or  hereafter  may  be  by  death,  resignation  or 
otherwise,  in  a  Court  of  Sessions  in  any  county,  until  the  number 
of  Justices  composing  the  same  shall  be  reduced  to  a  number  less 
than  three,  so  that  in  all  cases  the  Courts  of  Sessions  in  the  several 
counties  shall  ultimately  consist  of  one  Chief  Justice  and  two  Asso- 
ciate Justices,  any  two  of  whom  shall  be  a  quorum  for  the  transac- 
tion of  business. 

Sec.  2.  And  be  it  further  enacted,  That  no  one  of  the  Justices 
of  the  Courts  of  Sessions  shall  be  appointed  or  act  as  a  member  of 
any  committee  to  examine  or  lay  out  any  road  that  may  hereafter 
be  petitioned  for,  in  the  Court  of  which  he  is  a  Justice. 


[CHAPTER  60.] 

State  of         ) 
New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Portsmouth  Handel  Society. 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  31;  recorded  Acts, 
vol.  22,  p.  420.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Benjamin  Brierly,  Sam- 
uel Larkin,  Nathaniel  B.  March,  and  William  Clagett,  with  their 
associates,  and  such  as  may  hereafter  become  members  of  said 
Society,  be  and  they  hereby  are  made  a  corporation  and  body- 
politic  by  the  name  of  the  Portsmouth  Handel  Society,  and  by  that 
name  may  sue  and  be  sued,  defend  and  be  defended,  and  be 
known  and  distinguished  in  their  acts  and  proceedings,  in  all  cases 
whatever;  and  shall  be  and  hereby  are  vested  with  such  powers 
and  privileges  as  are  usually  granted  to  Societies  incorporated  for 
the  purpose  of  improvement  in  sacred  music. 

Section  2.  And  be  it  further  enacted,  that  the  said  Benjamin 
Brierly,  Samuel  Larkin,  Nathaniel  B.  March,  or  either  two  of 
them,  may  call  the  first  meeting  of  said  Society  at  any  suitable 
time  and  place  in  Portsmouth  by  posting  up  a  notification  for  that 
purpose  in  some  public  place  therein,  at  least  fifteen  days  prior  to 
said  Meeting;  at  which  meeting  the  members  of  said  Society  shall 
choose  a  Secretary,  and  such  other  officers  as  they  may  deem  nec- 
essary; shall  agree  on  the  method  of  calling  future  meetings,  and 
the  time  of  their  annual  meeting;  and  at  the  same  or  any  subse- 


LAWS  OF   NEW   HAMPSHIRE  247 

quent  meeting  may  establish  rules  and  by-laws,  for  their  regulation 
and  government,  and  may  order  such  assessments  as  they  may  deem 
just  and  reasonable,  provided  such  rules  and  by-laws  are  not  con- 
trary to  the  laws  of  this  state. 

Section  3.  And  be  it  further  enacted,  that  said  Society  may 
receive,  hold  and  enjoy  by  gift,  grant  or  otherwise  any  estate  not 
exceeding  eight  thousand  dollars,  and  the  same  may  sell  and  dis- 
pose of  at  pleasure  for  the  use  and  benefit  of  said  association. 


[CHAPTER  61.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  provide  for  the  annual  returns  of  the  receipts 
ane  expenditures  of  the  several  counties  in  this  state. 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  22',  recorded  Acts, 
vol.  22,  p.  421.  Session  Laws,  1823,  Chap.  63.  Laws,  1824  ed.,  p.  200. 
Repealed  by  act  of  July  5,  1827,  post.'] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  several  county  treasurers  in 
this  State  be,  and  they  are  hereby  directed  and  required  to  make 
out  and  deliver  to  the  Clerks  of  the  Courts  of  Sessions  in  their 
respective  counties  on  or  before  the  first  day  of  June  annually  a 
statement  of  their  accounts  as  Treasurers  as  aforesaid  for  the  year 
ending  at  the  time  of  the  then  last  annual  settlement  of  said  ac- 
counts;— in  which  statements  shall  be  specified  the  amount  of 
monies  paid  out  of  the  treasury  for  that  year,  and  the  purposes 
for  which  such  payments  were  made;  and  when  payments  have 
been  made  for  the  support  of  County  paupers,  the  sum  paid  to  each 
town;  also,  all  monies  received  into  the  treasury,  from  whom  re- 
ceived, and  for  what  purpose;  and  that  the  said  Clerks  of  the 
courts  of  Sessions  cause  the  same  to  be  delivered  to  the  Secretary  of 
the  State,  or  left  a  his  office  on  or  before  the  second  Wednesday  of 
June  annually. 


248  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  62.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "An  act  for  mending 
and  repairing  the  highways  in  this  state." 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  33;  recorded  Acts, 
vol.  22,  p.  422.  Session  Laws,  1823,  Chap.  04.  Laws,  1824  ed.,  p.  184.  See 
acts  of  February  27,  1786,  Laws  of  New  Hampshire,  vol.  5,  p.  117;  June  20, 
1806,  id.,  vol.  7,  p.  537,  and  June  20,  1825,  post.  Repealed  by  act  of  July  3, 
1829,  Session  Laws,  1829,  Chap.  48.] 

Whereas  in  several  of  the  towns  in  this  State  it  has  been  found 
inconvenient  to  have  the  highway  tax  discharged  by  labor,  as  is 
provided  in  the  act,  to  which  this  is  a  supplement:  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  it  shall  and  may  be  lawful  for  any 
town  in  this  State,  at  their  annual  meeting,  or  at  any  other  legal 
meeting,  at  which  such  town  may  vote  to  raise  any  money  for 
making,  mending  and  repairing  the  several  highways  and  bridges 
therein,  to  vote  that  the  highway  tax  assessed  upon  the  polls  and 
estates  of  the  inhabitants  of  such  town  in  conformity  to  the  pro- 
visions of  the  act  to  which  this  is  a  supplement,  shall  be  collected 
by  the  collector  in  the  same  manner  as  the  State  tax  is  collected; 
and  such  highway  tax  when  collected  shall  be  by  him  paid  over  to 
the  Selectmen  or  Treasurer  of  such  town  for  the  purpose  of  re- 
pairing the  highways  in  such  town,  and  shall  be  expended  for  that 
purpose  under  the  direction  of  the  Selectmen  or  surveyors  as  such 
town  shall  vote:  and  the  collector  in  the  collection  of  said  high- 
way tax  in  such  town  shall  have  the  same  authority  which  he  has  by 
law  for  the  collection  of  the  State  tax. 


[CHAPTER  63.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Lake  Manufacturing  Company. 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  34;  recorded  Acts, 
vol.  22,  p.  423.     See  act  of  June  22,  1831,  Acts,  vol.  28,  p.  19.] 

Section  1.  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  William  S.  Brooks, 
Eben  Stearns,  Simeon  Cobb,  2d,  their  Associates,  Successors  and 
Assigns,  be,  and  they  hereby  are  created  and  made  a  corporation 
forever,  by  the  name  of  the  Lake  Manufacturing  Company;   and 


LAWS  OF   NEW   HAMPSHIRE  249 

by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final 
judgment  and  execution,  and  be  called  and  known  in  all  cases 
whatever;  and  shall  be,  and  hereby  are  vested  with  all  the  powers 
and  privileges,  and  made  subject  to  the  liabilities  of  corporations  of 
a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Company  be, 
and  hereby  is  authorized  and  empowered  to  eztablish  and  carry  on, 
at  Chesterfield  in  the  county  of  Cheshire,  the  manufacture  of  Cot- 
ton Goods,  in  the  various  branches  of  spinning,  weaving,  bleaching, 
dying,  stamping,  printing  and  all  others  appertaining  to  said  man- 
ufacture, and  such  other  business  as  may  be  necessarily  or  con- 
veniently connected  therewith;  and  for  these  purposes  may  erect 
such  dams,  mills,  and  other  buildings,  and  construct  and  put  in 
operation  such  machinery,  as  may  be  deemed  necessary  and  useful 
in  carrying  on  and  conducting  said  manufacture. 

Sec.  3.  And  be  it  further  enacted,  That  said  Company  is  hereby 
authorized  to  purchase  and  hold  such  real  and  personal  estate  as 
may  be  necessary  and  useful  in  conducting  the  business  aforesaid, 
and  for  the  convenient  management  thereof,  not  exceeding  in 
amount  at  any  time  the  sum  of  one  hundred  and  fifty  thousand 
dollars;  and  the  same  to  sell,  alienate  and  dispose  of  at  pleasure. 

Sec.  4.  And  be  it  further  enacted,  That  either  two  of  the  per- 
sons above  named  may  call  the  first  meeting  of  the  members  of 
said  Company,  by  advertisement  in  any  newspaper  printed  in  said 
County,  twenty  days  at  least  previous  thereto,  or  by  giving  ten 
days'  personal  notice  of  the  time,  place  and  design  of  such  meet- 
ing: At  which  the  said  members  may  agree  on  the  method  of  call- 
ing their  future  meetings;  and  at  the  same  or  any  subsequent 
meeting  duly  notified  and  holden,  may  choose  a  Clerk,  and  all  other 
necessary  officers,  agents  or  servants  for  managing  the  concerns  of 
said  Company,  and  prescribe  their  respective  duties;  may  divide 
their  capital  or  joint  stock  into  any  number  of  shares,  not  exceed- 
ing one  hundred  and  fifty;  and  agree  upon  the  manner  of  trans- 
ferring them;  may  order  assessments  and  fix  the  time  of  their 
payment;  may  pass  by-laws  for  their  regulation  and  government, 
not  repugnant  to  the  laws  of  the  State;  and  do  and  transact  and 
business  necessary  for  carrying  into  effect  the  objects  of  their  As- 
sociation. All  questions  shall  be  determined  by  a  majority  of  votes 
present  or  represented  at  any  meeting,  allowing  one  vote  to  each 
share;  and  absent  members  may  vote  by  proxy,  being  authorized 
in  writing  signed  by  the  person  represented. 

Sec.  5.  And  be  it  further  enacted.  That  the  shares  in  said  Com- 
pany shall  be  liable  and  holden  for  the  payment  of  all  assessments 
duly  made  thereon;  and  upon  non-payment  thereof  for  the  space 
of  thirty  days  after  the  same  shall  have  become  due  and  payable, 
the  said  delinquent  share  or  shares  may  be  sold  at  public  auction,  or 
so  many  of  them  as  may  be  necessary  to  pay  such  assessments  with 


25O  LAWS  OF   NEW   HAMPSHIRE 

incidental  charges  under  such  regulations  as  said  Company  may  in 
its  by-laws  have  prescribed. 

Sec.  6.  And  be  it  further  enacted,  That  so  much  of  the  capital 
stock  of  said  Company  as  shall  be  employed  in  the  business  of 
bleaching  and  printing  calicoes  and  chintzes,  not  exceeding  twenty 
thousand  dollars,  shall  be,  and  hereby  is  exempted  from  taxation 
for  the  term  of  five  years  from  the  passing  hereof. 


[CHAPTER  64.] 


State  of  I 

New  Hampshire.  \ 


An  act  in  addition  to  and  in  amendment  of  an  act  entitled 
"an  act  for  laying  out  highways  passed  Feb.  8,  1791 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  35;  recorded  Acts, 
vol.  22,  p.  426.  Session  Laws,  1823,  Chap.  66,  Laws,  1824  ed.,  p.  185.  The 
act  referred  to  is  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  577.  See 
also  act  of  December  11,  1804,  id.,  vol.  7,  p.  335.  Repealed  by  acts  of  Jan- 
uary 3,  1829,  post,  and  July  3,  1829,  Session  Laws,  1829,  Chap.  52.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  in  case  the  Selectmen  of  any 
town  refuse  or  neglect  when  petitioned  to  lay  out  any  highway, 
or  in  case  the  town  shall  discontinue  any  highway  laid  out  by  order 
of  the  Selectmen,  within  two  years  from  the  time  of  laying  out  the 
same,  the  Court  of  sessions  on  petition  exhibited  to  them  may  if 
they  think  it  proper  and  expedient,  cause  such  highway  to  be  laid 
out.  Provided  always,  that  the  Selectmen  of  the  town  shall  in  all 
such  cases  be  duly  notified  before  any  such  highway  be  laid  out. 


[CHAPTER  65.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  for  raising  thirty  thousand  dollars  for  the  use  of 
this  State. 

[Approved  July  3,  1823.  Original  Acts,  vol.  28,  p.  36;  recorded  Acts, 
vol.  22,  p.  427.     Session  Laws,  1823,  Chap.  68.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  there  shall  be  raised  for  the 
use  of  this  state  the  sum  of  thirty  thousand  dollars,  which  sum  shall 
be  assessed,  collected  and  paid  into  the  Treasury  on  or  before  the 
first  day  of  January  in  the  year  of  our  Lord  one  thousand  eight 


LAWS   OF   NEW   HAMPSHIRE  25  I 

hundred  and  twenty  five.  And  the  Treasurer  be  and  hereby  is  di- 
rected seasonably  to  issue  his  warrants  to  the  Selectmen  or  As- 
sessors of  the  several  Towns,  Parishes  and  Districts  within  this 
State  according  to  the  last  proportion  Act. — And  the  Selectmen 
and  Assessors  of  the  several  Towns,  Parishes  Districts  aforesaid 
are  hereby  respectively  to  assess  the  sums  specified  in  the  Treas- 
urer's warrants  and  cause  the  "same  to  be  paid  into  the  Treasury 
of  this  State  on  or  before  the  first  day  of  January  in  the  Year  of 
our  Lord  one  thousand  eight  hundred  and  twenty  five.  And  the 
Treasurer  may  issue  extents  for  all  taxes  that  may  then  remain 
unpaid. 


[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1823,  June  21. 

Resolved,  that  the  Treasurer  of  this  State  be  authorized  to  sell  and 
convey  by  deed  of  quitclaim  duly  executed  to  Samuel  Rollins  Jr.  a  cer- 
tain tract  of  land  in  the  town  of  Adams  in  the  County  of  Coos  containing 
one  hundred  acres;  it  being  the  same  land  that  was  granted  to  one  An- 
thony Vincent  in  1806,  but  the  terms  not  being  complied  with,  said  land 
is  still  the  property  of  the  State. — 

Provided,  that  the  said  Samuel  Rollins  Jr.  pay  or  cause  to  be  paid  to 
the  Treasurer  of  this  State  the  sum  of  one  hundred  and  thirteen  dollars 
with  interest  thereon,  within  two  years  from  the  passing  of  this  Resolve. — 

[House  Journal,  1823,  p.  165.  Senate  Journal,  1823,  p.  130.  Original 
Acts,  vol.  28,  p.  37.] 


1823,  June  26. 

Whereas  by  an  act  of  the  General  Court  of  this  State,  passed  the  sev- 
enteenth day  of  June,  one  thousand  eight  hundred  and  six,  there  were 
granted  to  the  town  of  Bartlett  in  said  State  six  hundred  acres  of  land, 
situate  in  the  town  of  Adams,  the  property  of  the  State,  one  half  for  the 
support  of  schools,  and  the  other  half  for  the  support  of  the  gospel  in 
said  town  of  Bartlett;  and  the  said  town  of  Bartlett  was  by  said  act 
authorized  to  lay  out  and  survey  said  quantity  of  land  in  said  Adams; 
but  no  provision  is  made  for  returning  and  recording  a  survey  and  plan 
of  said  lands  in  the  office  of  the  Secretary  of  the  State,  or  in  any  other 
place.    Therefore, 

Resolved  that  the  said  town  of  Bartlett  be,  and  hereby  is  authorized 
to  return  to  the  office  of  the  Secretary  of  the  State,  a  survey  and  plan 
of  the  lands  laid  out  by  said  Town  in  pursuance  of  the  act  aforesaid,  and 
that  the  Secretary  be  authorized  to  receive  and  deposit  the  said  survey 
and  plan  in  his  office,  and  at  the  expense  of  said  Town,  to  record  the  same. 

[House  Journal,  1823,  p.  321.  Senate  Journal,  1823,  p.  196.  Original 
Acts,  vol.  28,  p.  38.] 


2  52  LAWS   OF   NEW   HAMPSHIRE 

1823,  June  30. 

Resolved  by  the  Senate,  and  House  of  Representatives  in  General  Court 
convened  That  the  Treasurer  of  this  State,  be  authorized  and  required  to 
purchase  and  receive  from  any  person  who  may  publish  the  second  volume 
of  the  decisions  of  the  Superior  Court  of  Judicature,  two  hundred  and 
fifty  copies  of  the  same,  at  a  price  not  exceeding  seventy  five  cents,  for 
every  one  hundred  pages; — provided  the  same  be  printed,  under  the  control 
and  direction  of  the  Justices  of  said  Court  with  a  small  pica  type,  on 
fine  royal  paper,  of  a  quality  as  good  as  that,  upon  which  the  statute 
laws  of  this  State  were  published  in  181 5  with  a  page  corresponding  with 
the  first  volume  of  said  Reports,  and  be  neatly  and  strongly  done  up  in 
boards. 

And  be  it  further  resolved  that  His  Excellency  the  Governor,  be 
authorized  to  draw  upon  the  Treasury,  for  payment  of  the  same,  on 
receiving  from  the  Treasurer,  a  Certificate,  that  said  volumes  are  depos- 
ited in  his  Office,  and  of  the  amount  due  for  the  same. 

And  be  it  further  resolved  that  the  Treasurer  of  this  State,  be  directed 
to  deliver  one  Copy  of  said  Reports,  to  each  Town  in  this  State,  on  appli- 
cation for  the  same,  receiving  a  receipt  of  the  Town  Clerk  therefor. 

[House  Journal,  1823,  p.  439.  Senate  Journal,  1823,  p.  193.  Original 
Acts,  vol.  28,  p.  38.] 


1823,  July  2. 

Whereas  the  town  of  Kilkenny  in  the  County  of  Coos  is  not  included 
within  any  class  or  district  for  the  purpose  of  voting  for  a  Representative 
to  the  State  Legislature,  therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  said  town  of  Kilkenny  shall  be  and  hereby  is  annexed  to 
the  class  or  district  now  composed  of  Jefferson,  Durand,  Shelburne,  Shel- 
burne  Addition,  Breton  Woods,  and  Nash  and  Sawyer's  location,  for  the 
purpose  of  voting  for  a  Representative  to  the  General  Court,  until  other- 
wise ordered. 

[House  Journal,  1823,  p.  475.  Senate  Journal,  1823,  p.  282.  Original 
Acts,  vol.  28,  p.  39.] 


1823,  July  2. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  a  committee  of  three  persons  be  appointed  to  revise  all 
the  laws  of  this  State  relative  to  the  assessment  and  collection  of  taxes 
to  report  by  bill  to  the  next  session  of  the  Legislature;  and  that  his  Ex- 
cellency the  Governor  be  requested,  with  advice  of  Council,  to  appoint 
three  suitable  persons  for  that  purpose. 

[House  Journal,  1823,  p.  499.  Senate  Journal,  1823,  p.  274.  Original 
Acts,  vol.  28,  p.  39.] 


LAWS  OF   NEW   HAMPSHIRE  253 

1823,  July  2. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  the  Secretary  of  State  be  instructed  to  arrange,  or  procure 
to  be  arranged  according  to  their  dates  and  bound  in  one  volume  the 
Journals  of  the  Committee  of  Safety  for  the  State  of  New  Hampshire 
from  the  year  1775  to  1783  inclusive;  and  that  he  be  authorized  to  loan 
the  same  to  any  member  or  members  of  the  Historical  Society,  to  make 
such  extracts  therefrom  as  may  be  useful  to  illustrate  the  Revolutionary 
History  of  this  State  or  of  the  United  States. 

[House  Journal,  1823,  p.  447.  Senate  Journal,  1823,  p.  271.  Original 
Acts,  vol.  28,  p.  40.] 


1823,  July  2. 

Resolved,  that  William  Plumer  Jr.  be  appointed  an  Agent  on  the  part  of 
this  State  to  adjust  during  the  next  session  of  Congress,  the  claims  of 
this  State  against  the  United  States;  for  which  service  he  shall  be  paid 
out  of  the  Treasury  of  this  State,  a  reasonable  compensation. 

Resolved,  that  His  Excellency  the  Governor  be  authorized,  and  re- 
quested to  cause  to  be  procured  and  furnished  to  the  agent  appointed 
to  adjust  the  claims  of  this  State  against  the  United  States  for  militia 
services  during  the  late  war,  such  vouchers  in  support  of  said  claims  and 
give  to  said  agent  such  instructions  relative  to  the  same,  from  time  to 
time,  as  he  may  deem  necessary  and  expedient. 

[House  Journal,  1823,  p.  235.  Senate  Journal,  1823,  p.  251.  Original 
Acts,  vol.  28,  p.  40.] 


1823,  July  3. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Selectmen  of  the  Several  towns  in  the  County  of 
Hillsborough  be  required  to  insert  in  their  warrants  for  the  next  annual 
town  meeting  in  March  next,  an  Article  to  take  the  sense  of  the  legal 
voters  in  said  towns  whether  the  Shire  town  for  said  County  ought  to  be 
established  at  Amherst  or  at  Mont  Vernon.  And  that  the  town  Clerks 
of  said  towns  respectively  be  required  to  return  to  the  Secretary's  Office 
on  or  before  the  first  Monday  of  the  next  session  of  the  General  Court 
certificates  of  the  number  of  votes  given  in  said  towns  in  favor  of  estab- 
lishing the  shire  town  for  said  County  at  either  of  the  places  aforesaid. 

[House  Journal,  1823,  p.  553.  Senate  Journal,  1823,  p.  296.  Original 
Acts,  vol.  28,  p.  41.] 


1823,  July  3. 

1.  Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  that  the  Clerk  of  the  Senate  and  the  Clerk  of  the  House 
of  Representatives  be  directed  to  leave  with  the  Secretary  of  State,  as 


2  54  LAWS   OF    NEW   HAMPSHIRE 

soon  as  may  be,  after  the  adjournment  fair  and  attested  copies  of  the 
journals  of  their  respective  Houses. 

2.  And  be  it  further  resolved,  that  the  Secretary  be  directed  to  pro- 
cure five  hundred  printed  copies  of  the  journals  of  the  two  Houses,  and 
five  hundred  printed  copies  of  all  the  public  acts  and  resolves  passed 
at  the  present  session  of  the  Legislature  with  a  list  of  private  acts;  and 
he  is  directed  to  cause  the  said  laws  to  be  printed  on  paper  of  the  same 
quality  and  to  correspond  in  type  and  size  with  the  laws  of  this  State 
printed  in  1815,  and  the  said  journals  on  paper  and  in  a  type  corresponding 
with  the  Journals  of  the  last  session:  And  the  Secretary  of  State  is  hereby 
directed  to  distribute  the  journals  and  laws  in  the  same  way  and  manner, 
that  the  journals  and  laws  of  the  last  session  were  distributed. 

3.  And  be  it  further  resolved,  that  the  Secretary  be  directed  to  give 
public  notice  in  one  or  more  of  the  newspapers  printed  in  this  State  and 
receive  proposals  for  printing  the  journals  and  laws  and  he  is  hereby 
authorized  and  directed  to  contract  with  the  person  or  persons  who  shall 
offer  to  print  the  same  on  the  lowest  terms  and  in  the  best  manner  on, 
he  or  they  giving  sufficient  security  for  his  or  their  faithful  performance 
of  the  contract.  Provided,  the  compensation  to  be  given  for  publishing 
the  laws  and  journals  shall  not  exceed  that  given  for  publishing  the  laws 
and  journals  of  June  Session  1822 — 

4.  And  be  it  further  resolved,  that  the  Secretary  of  State  cause  the 
public  laws  and  resolves  passed  at  this  Session  to  be  published  as  soon 
as  may  be  in  the  several  newspapers  printed  in  this  State. 

[House  Journal,  1823,  p.  512.  Senate  Journal,  1823,  p.  285.  Original 
Acts,  vol.  28,  p.  42.] 


LAWS  OF   NEW   HAMPSHIRE  255 


[THIRTY-THIRD  GENERAL  COURT.] 

[Held  at  Concord,  Two  Sessions,  June  2,  1824,  to  June  16,  1824, 
and  November  ij,  1824,  to  December  22,  1824.] 


[OFFICERS  OF  THE  GOVERNMENT.] 

David  L.  Morril,  Governor. 

Samuel  Sparhawk,  Secretary. 

Richard  Bartlett,  Deputy  Secretary. 

William  Pickering,  Treasurer. 

George  Sullivan,  Attorney  General. 

Josiah  Bartlett,  President  of  the  Senate. 

*Andrew  Peirce,    }    „  TT 

^  r,  '        Speaker  of  the  House. 

Edmund  Parker,  \ 

[Members  of  the  Council.] 

Hunking  Penballow,  Portsmouth. 

Daniel  C.  Atkinson,  Sanbornton. 

Jonathan  Harvey,  Sutton. 

Thomas  C.  Drew,  Walpole. 

Ezra  Bartlett,  Haverhill. 

[Members  of  the  Senate.] 

Josiah  Bartlett,  Stratham. 

John  Kimball,  Exeter. 

John  Pattee,  Goffstown. 

Ezekiel  Morrill,  Canterbury. 

Nehemiah  Eastman,  Farmington. 

Benning  M.  Bean,  Moultonborough. 

John  Wallace,  Jr.,  Milford. 

Joseph  Healey,  Washington. 

Salma  Hale,  Keene. 

Gawen  Gilmore,  Acworth. 

Moses  H.  Bradley,  Bristol. 

Stephen  P.  Webster,  Haverhill. 


*Andre\v    Peirce    asked    for    leave    of    absence   at   the  close   of   the   November   session   and 
Edmund   Parker   was   elected   Speaker   pro   lent. 


256 


LAWS  OF   NEW   HAMPSHIRE 


[Members  of  the  House.] 


ROCKINGHAM  COUNTY. 


Atkinson  and  } 
Plaistow,  ) 

Brentwood, 
Candia, 
Chester, 

Deerfield, 

Epping, 
Exeter, 

Greenland, 

Hampstead, 

Hampton, 

Hampton  Falls, 

Kensington, 

Kingston, 

Londonderry, 

Newcastle, 

Newington, 

Newmarket, 

Newton, 

North  Hampton, 

Northwood, 

Nottingham, 

Pelham, 

Poplin, 

Portsmouth, 


Raymond, 

Rye, 

Salem, 

Sandown  and  ) 

Hawke,  \ 

Seabrook, 

South  Hampton  and  ) 

East  Kingston,  \ 

Stratham, 

Windham, 


Henry  Tucker. 

Simon  Fellows. 
John  Lane. 
Samuel  Aiken,  Jr. 
William  Graham. 
Daniel  Haynes. 
John  S.  Jenness. 
John  Dow. 

Oliver  W.  B.  Peabody. 
William  Smith,  Jr. 
Joseph  Weeks. 
Jesse  Gordon. 
Edmund  Toppan. 
Thomas  Leavitt. 
Newell  Healey. 
William  Webster. 
Robert  Mack. 
James  Thorn. 
George  Bell. 
Cyrus  Frink. 
Arthur  Branscomb. 
Israel  Gale. 
Joshua  Pickering. 
Joel  B.  Virgin. 
Bradbury  Bartlett. 
James  Hobbs. 
Joseph  Godfrey. 
Daniel  P.  Drown. 
Estwick  Evans. 
Nathaniel  A.  Haven,  Jr. 
Jeremiah  Mason. 
John  N.  Sherburne. 
Joseph  Fogg. 
Amos  Seavey. 
John  Clindenin. 

Moses  M.  George. 

John  Locke. 

Abel  Brown. 

Daniel  Veazey. 
Jonathan  Parker. 


LAWS   OF   NEW   HAMPSHIRE 


257 


STRAFFORD  COUNTY. 


Barnstead, 

Barrington, 
Brookfield  and  ) 
Middleton,         ) 
Center  Harbor, 
Chatham, 
Conway, 
Dover, 


Durham, 

Eaton, 

Effingham, 

Farmington, 

Gilford, 

Gilmanton, 


Madbury, 
Meredith, 

Milton, 

New  Durham, 

New  Hampton, 

Ossipee, 

Rochester, 

Sanbornton, 

Sandwich, 

Somersworth, 

Strafford, 

Tamworth, 
Tuftonborough, 
Wakefield. 
Wolfebo  rough, 


John  Peavey. 
William  Walker, 
Samuel  Hale. 

David  Davis. 


Jr. 


Hugh  Kelsea. 
Luther  M.  Richardson. 
Thomas  Abbott. 
James  Bartlett. 
Nathaniel  W.  Ela. 
Andrew  Peirce. 
John  Mooney. 
John  March. 
James  Lord. 
Joseph  Hammons. 
Barnard  Morrill. 
Benjamin  Emerson. 
Charles  Parker. 
Jeremiah  Wilson. 
Elijah  Austin. 
Stephen  Gale. 
Jonathan  Pearson. 
Levi  Jones. 
Thomas  Tash,  Jr. 
Thomas  Perkins. 
Jacob  Leighton. 
John  Greenfield. 
Jeremiah  H.  Woodman. 
James  Clark. 
Noah  Eastman. 
Neal  McGaffey. 
Joseph  Doe. 
Tobias  Roberts. 
Azariah  Waldron. 
Ford  Whitman. 
John  Piper,  Jr. 
Richard  Russell. 
John  C.  Young. 


MERRIMACK   COUNTY. 


Allenstown, 

Andover, 

Boscawen, 


Andrew  O.  Evans. 
Samuel  Brown. 
Hezekiah  Fellows. 
Ezekiel  Webster. 


17 


258 


LAWS   OF   NEW   HAMPSHIRE 


Bow, 

Bradford, 

Canterbury, 

Chichester, 

Concord, 

Dunbarton, 

Epsom, 

Fishersfield, 

Henniker, 

Hooksett, 

Hopkinton, 

Loudon, 

New  London, 

Northfield, 

Pembroke, 

Pittsfield, 

Salisbury, 

Sutton, 

Warner, 

Wilmot, 


Samuel  Clement. 
Samuel  Jones. 
Leavitt  Clough,  Jr. 
David  M.  Carpenter. 
Richard  Bradley. 
Samuel  Fletcher. 
John  Gould. 
William  Ham,  Jr. 
Jonathan  P.  Dodge. 
Robert  M.  Wallace. 
Samuel  Head. 
Charles  Chase. 
Nathaniel  Knowlton. 
Samuel  French. 
Josiah  Brown. 
Jeremiah  Smith. 
Boswell  Stevens. 
Ebenezer  Knowlton. 
Jabez  Smith. 
Benjamin  Wadleigh. 
Henry  B.  Chase. 
Abner  B.  Kelly. 
Samuel  Kimball. 


HILLSBOROUGH   COUNTY. 


Amherst, 

Antrim, 

Bedford, 

Brookline, 

Deering, 

Dunstable, 

Francestown, 

Goffstown, 

Greenfield, 

Hancock, 

Hillsborough, 

Hollis, 

Litchfield, 

Lyndeborough, 

Manchester, 

Mason, 

Merrimack, 

Mil  ford, 

Mont  Vernon, 


Edmund  Parker. 
Amos  Parmenter. 
William  Moore. 
George  Daniels. 
William  McKeen. 
Jesse  Bowers. 
Titus  Brown. 
Robert  Hall. 
William  Whittemore. 
Joseph  Symonds. 
Andrew  Sargent. 
Benjamin  McFarley. 
Joseph  Chase. 
Nehemiah  Boutwell. 
Frederick  G.  Stark. 
Josiah  Russell. 
Aaron  Gage,  Jr. 
William  Crosby. 
John  Bruce. 


LAWS   OF   NEW   HAMPSHIRE 


259 


New  Boston, 
New  Ipswich, 
Nottingham  West, 
Peterborough, 
Sharon, 
Society  Land, 
Temple, 
Weare, 

Wilton, 


Benjamin  Fairfield. 
Stephen  Wheeler. 
Caleb  S.  Ford. 
Jonathan  Smith. 
Jonathan  Farnsworth. 
John  Dodge. 
Archelaus  Cummings. 
Josiah  Danforth. 
James  Wallace. 
Samuel  Abbot. 


CHESHIRE  COUNTY. 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitzwilliam, 

Gilsum  and    ) 

Surry,  \ 

Goshen, 

Grantham, 

Hinsdale, 

Jaffrey, 

Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 

Nelson, 

Newport, 

Plainfield, 

Richmond, 

Rindge, 

Roxbury, 

Springfield, 

Stoddard, 

Sullivan, 

Swanzey, 

Troy, 

Unity, 


James  M.  Warner. 
James  H.  Bingham. 
Henry  Hubbard. 
Ebenezer  Stearns. 
Ambrose  Cossit. 
Rufus  Handerson. 
Ebenezer  Jackson,  Jr. 
Amasa  Hall. 
Joseph  Appleton. 
Levi  Chamberlain. 

Sylvester  Smith. 

Reuben  Willey. 
Uzziel  Hayward. 
Obed  Slate. 
Oliver  Prescott. 
Joel  Parker. 
Needham  Angier. 
William  Carey. 
Joseph  Frost. 
William  Lewis. 
Nathan  Taft. 
William  Cheney. 
Robert  Kimball. 
Joseph  Newell. 
Ezra  Thomas. 
Samuel  Griffin. 
John  Quimby. 
Francis  Matson. 
Josiah  Seaward. 
Elijah  Belding. 
Daniel  Cutting. 
Samuel  Tetherly. 


260 


LAWS  OF   NEW  HAMPSHIRE 


Walpole, 

Washington, 

Wendell, 

Westmoreland, 

Winchester, 


Josiah  Bellows. 
David  Farnsworth. 
Thomas  Pike. 
Jotham  Lord. 
Elijah  Alexander. 


GRAFTON  COUNTY. 


Alexandria, 

Bath, 

Bethlehem,        ] 

Franconia  and  } 

Lincoln,  J 

Bridgewater, 

Bristol, 

Campton, 

Canaan, 

Concord  (Lisbon), 

Danbury  and  } 

Orange,  j 

Dorchester  and  ) 

Dame's  Gore,      j 

Enfield, 

Grafton, 

Groton  and  ) 

Hebron,        \ 

Hanover, 

Haverhill, 

Holderness, 

Landaff, 

Lebanon, 

Littleton, 

Lyme, 

New  Chester, 

Orford, 

Peeling, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren, 

Wentworth, 


William  Crawford,  Jr. 
John  Clement. 

William  Quimby. 

Joseph  Prescott. 
Joseph  Flanders. 
Moses  Baker. 
Daniel  Blaisdell. 
Jonathan  Bolles. 

Amos  Taylor. 

Caleb  Blodget. 

Joseph  Merrill. 
Daniel  Bartlett. 

William  Caldwell. 

John  Durkee. 
Mills  Olcott. 
John  L.  Corliss. 
Walter  Blair. 
Joseph  Atwood. 
Samuel  Selden. 
Nathaniel  Rix,  Jr. 
Nathaniel  Lambert. 
John  Searl. 
John  Rogers. 
Thomas  Vincent,  Jr. 
Edmund  Stevens. 
Moore  Russell. 
Josiah  Evans. 
Enoch  Colby,  Jr. 
Enos  Wells. 
Caleb  Keith. 


LAWS   OF   NEW   HAMPSHIRE 


26l 


COOS  COUNTY. 


Adams  and  j 
Bartlett,       > 
Columbia, 
Colebrook  and  } 
Stewartstown,    J 
Dalton  and    ) 
Whitefield,     ) 
Jefferson,  ] 

Durand, 
Kilkenny, 
Shelburne, 

Shelburne  Addition,  | 
Bretton  Woods  and  | 
Nash  and  Sawyer's 
Location,  J 


Stephen  Meserve. 
Ephraim  H.  Mahurin. 
John  M.  Gove. 

John  Bowman. 


262  LAWS   OF   NEW  HAMPSHIRE 

[First  Session,  held  at  Concord,  June  2,  3,  4,  5,  7,  8,  g,  10,  11,  12, 
14,  15,  16,  1824.] 


[CHAPTER  1.] 


State  of  I 

New  Hampshire.  \ 


An  act  for  incorporating  certain  persons  by  the  name  of  the 
proprietors  of  the  chester  juvenile  library 

[Approved  June  12,  1824.  Original  Acts,  vol.  28,  p.  43;  recorded  Acts, 
vol.  22,  p.  429.] 

Secf.  ist.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Nathan  Plumer  Junior,  Ben- 
jamin Chase,  and  Amos  Chase,  and  their  associates,  proprietors  of 
said  Library,  and  all  such  as  may  hereafter,  become  proprietors  of 
the  same,  be  and  they  are  hereby  incorporated  into  a  body  politic, 
by  the  name  of  "The  Proprietors  of  the  Chester  Juvenile  Library" 
with  continuation  and  succession  forever,  and  in  that  name  may  sue 
and  be  sued,  in  all  actions  personal  and  may  prosecute  and  defend 
the  same  to  final  Judgment  and  execution  and  they  are  hereby  vested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a 
similar  nature  and  may  enjoin  penalties,  of  disfranchisement  or  fine 
not  exceeding  four  dollars,  for  each  offence  to  be  recovered  by  said 
Society  in  an  action  of  debt  to  their  use  in  any  court  proper  to  try 
the  same,  and  they  may  make,  purchase  and  receive  subscriptions, 
grants  and  donations  of  personal  estate  not  exceeding  one  thousand 
dollars  for  the  purpose  and  use  of  said  association 

Section  2nd  And  be  it  further  enacted  that  said  society  be  and 
they  are  hereby  authorised  to  assemble  at  Chester  aforesaid  on  the 
first  teusday  of  September  next  and  forever  after  on  the  first  teus- 
day  of  September  annually,  to  choose  all  such  officers  as  may  be 
found  necessary  for  the  orderly  conducting  of  the  affairs  of  said 
Corporation,  who  shall  continue  in  office  until  others  are  chosen  in 
their  stead,  and  that  said  corporation  may  assemble  as  often  as 
may  be  found  necessary  for  filling  up  any  vacancies  which  may 
happen  in  said  offices  and  for  transacting  all  other  business,  ex- 
cepting raising  of  money  which  shall  at  all  times  be  done  at  their 
annual  meeting  and  at  no  other  time  and  at  which  time  they  shall 
vote  all  necessary  sums  for  defraying  the  annual  expence  of  pre- 
serving said  Library  and  for  increasing  the  same 

And  said  Corporation  shall  have  power  to  make  such  rules  and 
bye  laws  for  the  government  of  said  society  as  may  from  time  to 
time  be  found  necessary,  provided  the  same  be  not  repugnant  to 
the  constitution  and  Laws  of  this  State. 


LAWS   OF   NEW   HAMPSHIRE  26$ 

Sec'.  3rd.  And  be  it  further  enacted,  that  Nathan  Plumer 
Junior,  Benjamin  Chase  and  Amos  Chase  or  a  majority  of  them 
are  hereby  authorized  and  empowered  to  call  the  first  meeting  of 
said  proprietors  at  such  time  and  place  in  said  Town  as  they  may 
appoint  by  giving  personal  notice  of  the  time  and  place  of  holding 
said  meeting  at  least  fifteen  days  prior  to  the  holding  said  meeting 
or  by  posting  a  Notification  at  the  West  Meeting  house  in  said  Town 
expressing  the  design  of  said  meeting  at  least  fifteen  days  before 
the  time  of  holding  said  meeting  and  the  said  propprietors  at  said 
meeting  shall  have  the  same  power  to  choose  officers  and  make  bye 
laws  as  they  have  by  this  act,  at  their  annual  Meeting  and  in  case  a 
majority  of  said  proprietors  shall  not  convene  on  that  day  a  less 
number  shall  have  a  right  to  adjourn  from  time  to  time,  until  a 
majority  shall  assemble. 


[CHAPTER  2.] 


State  oj  \ 

New  Hampshire.  \ 


An  act  in  addition  to  "an  act  for  forming,  arranging,  and 

REGULATING  THE   MlLITIA"  PASSED  DECEMBER   2  2nd    1 82  0. 

[Approved  June  12,  1824.  Original  Acts,  vol.  28,  p.  44;  recorded  Acts, 
vol.  22,  p.  432.  Session  Laws,  1824,  Chap.  2.  Laws,  1830  ed.,  p.  380.  The 
act  referred  to  is  printed  in  Laws  of  New  Hampshire,  vol.  8,  p.  955.  See 
also  acts  of  June  27,  1821,  and  July  2,  1822,  ante,  pp.  23,  135.  Repealed 
December  2^,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  all  officers,  who  held  commissions  in 
the  Militia  of  this  State,  prior  to,  and  on,  the  said  22""  day  of  De- 
cember 1820,  and  who  have  held  Commissions  for  the  term  of  four 
years,  and  have  been  regularly  discharged;  and  all  officers,  who 
held  commissions  as  aforesaid,  and  who  may  hereafter  be  regularly 
discharged  after  holding  their  Commissions,  until  the  expiration  of 
four  years  from  the  time  they  were  first  commissioned  be,  and  they 
hereby  are  absolutely  exempted  from  Military  duty. 


264  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  3.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  Grafton  Mining  Company 

[Approved  June  12,  1824.  Original  Acts,  vol.  28,  p.  45;  recorded  Acts, 
vol.  22,  p.  433.     See  act  of  June  19,  1828,  post.] 

Sec".  ist.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Luke  Brooks,  John  Whit- 
ney, Nathaniel  I.  Wyeth,  Ralph  Smith,  their  Associates  and  suc- 
cessors, be  and  they  hereby  are  incorporated  and  made  a  body 
politic  by  the  name  and  style  of  the  Grafton  Mining  Company,  and 
by  that  name  may  sue  and  be  sued,  prosecute,  and  defend  to  final 
judgment  and  execution,  and  be  known  and  distinguished  in  all 
their  acts  and  proceedings,  and  shall  be  and  hereby  are  vested  with 
all  the  powers  and  privileges  which  are  by  law  incident  to  corpora- 
tions of  a  similar  nature 

Sec".  2nd.  And  be  it  further  enacted,  That  the  capital  or  joint 
stock  of  said  company,  may  consist,  of  a  sum  not  exceeding  two 
hundred  thousand  dollars,  of  which  a  sum  not  exceeding  one 
hundred  thousand  dollars  may  be  vested  in  real  estate,  which  said 
Company  is  hereby  authorized  to  purchase  and  hold  in  fee  simple, 
and  the  same  may  sell  and  convey  at  pleasure,  and  the  residue  of 
said  capital  stock  may  be  employed  and  used  in  such  manner  as 
said  Company  may  think  proper  in  searching  and  digging  for  copper 
and  other  ores,  fossils  and  mineral  substances  on  lands  which  may 
be  owned  by  said  Corporation  in  the  Town  of  Franconia  or  else- 
where in  this  State;  in  analyzing  and  smelting  them;  in  converting 
them  into  useful  manufactures,  and  in  constructing  and  erecting 
suitable  buildings,  furnaces,  and  machinery  for  facilitating  the 
various  operations  necessary  to  effect  the  purposes,  contemplated 
by  this  association 

Section  3rd.  And  be  it  further  enacted,  That  the  said  Luke 
Brooks,  John  Whitney,  Ralph  Smith  or  any  two  of  them  may  call 
the  first  meeting  of  the  members  of  said  Company  to  be  holden  at 
any  suitable  time  and  place  by  advertisement  in  at  least  one  news- 
paper printed  in  Boston  in  the  commonwealth  of  Massachusetts, 
and  one  newspaper  printed  in  Concord  in  the  County  of  Merrimac, 
in  this  State,  twenty  days  at  least  prior  thereto,  or  by  giving  at 
least  ten  days  personal  notice  of  the  time,  place  and  design  of  said 
meeting.  At  which  meeting  a  Clerk  shall  be  chosen  and  sworn 
faithfully  to  discharge  the  duties  of  his  Office,  and  it  shall  be  his 
duty  to  record  this  act  and  all  the  proceedings  of  said  Company 
and  to  give  certified  copies  thereof,  And  at  the  same  or  at  any 
subsequent  meeting  duly  notified  and  holden,  the  said  Company 


LAWS   OF   NEW   HAMPSHIRE  265 

may  agree  on  the  method  of  calling  future  meetings,  may  choose 
all  necessary  Officers  and  agents  for  conducting  the  concerns  of  said 
corporation,  may  divide  their  capital  or  joint  stock  into  such  number 
of  shares  as  may  be  deemed  proper  and  agree  upon  the  manner  of 
transfering  them;  may  order  assessments  and  fix  the  time  of  their 
payment,  may  pass  bye  laws  for  the  regulation  and  government 
of  said  Corporation,  not  repugnant  to  the  laws  of  the  State  and 
may  do  and  transact  any  business  necessary  for  carrying  into  effect 
the  objects  of  this  Association.  All  questions  shall  be  determined 
by  a  majority  of  votes,  accounting  and  allowing  one  vote  to  each 
share,  provided  that  no  member  of  said  Company  shall  be  entitled 
to  a  number  of  votes  greater  than  one  tenth  part  of  the  whole 
number  of  shares;  and  absent  members  may  vote  by  proxy,  being 
authorized  in  writing  signed  by  the  person  represented 

Section  4th.  And  be  it  further  enacted,. That  the  share  or  shares 
in  said  Corporation  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon  and  upon  the  non  payment  thereof 
within  the  time  fixed  for  their  payment,  the  said  share  or  shares  may 
be  sold  at  public  vendue,  or  so  many  of  them  as  may  be  necessary  to 
pay  such  assessments  with  incidental  charges,  under  such  regula- 
tions as  said  Company  may  in  their  byelaws  prescribe — 


[CHAPTER  4.] 


State  of  } 

New  Hampshire.  [ 


An  act  relating  to  the  New  Hampshire,  Turnpike  road — 

[Approved  June  14,  1824.  Original  Acts,  vol.  28,  p.  46;  recorded  Acts, 
vol.  22,  p.  436.  Session  Laws,  1824,  Chap.  4.  See  acts  of  June  14,  1796, 
Laws  of  New  Hampshire,  vol.  6,  p.  323;  December  7,  1796,  id.,  p.  350;  June 
14,  1800,  id.,  p.  641,  and  December  19,  1803,  id.,  vol.  7,  p.  185.] 

Whereas  the  proprietors  of  the  New  Hampshire  turnpike  road 
have  signified  their  assent,  to  relinquish  and  surrender  said  road 
for  a  valuable  consideration  for  the  purpose  of  establishing  the 
same  as  a  public  highway  free  of  toll,  which  would  be  beneficial  to 
the  public; 

Section  isl  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  general  Court  convened,  that  the  proprietors  of  the 
New  Hampshire  turnpike  road  be  and  they  hereby  are  authorised 
and  empowered  to  relinquish  and  surrender  said  road  to  the  State 
for  the  purpose  of  establishing  the  same  as  a  common  highway 
which  they  may  do  by  a  vote  of  the  proprietors  at  a  meeting  to  be 
called  by  the  directors  of  said  road  for  that  purpose  which  meeting 
may  be  called  by  ten  days  previous  notice  in  the  New  Hampshire 
Gazette,  and  Portsmouth  Journal:  And  upon  an  Attested  copy  of 


266  LAWS   OF    NEW   HAMPSHIRE 

the  vote  so  passed  being  filed  in  the  Secretarys  office  and  published 
in  said  Newspapers,  the  tolls  now  taken  by  said  proprietors  on  said 
road  shall  be  discontinued  and  cease  and  said  road  shall  thence- 
forth be  held  and  deemed  to  be  a  common  public  highway  in  the 
same  way  and  manner,  and  subject  to  the  same  rules,  regulations 
and  liabilities  as  though  said  road  had  been  duly  laid  out  by  the 
Selectmen  of  the  several  and  respective  towns  through  which  the 
same  passes:  Provided  however  that  before  said  road  shall  be 
opened  and  established  as  a  common  highway  as  aforesaid  there 
shall  be  paid  and  satisfied  to  all  the  proprietors  of  said  road  re- 
spectively or  deposited  for  their  use  in  some  Bank  in  Portsmouth 
such  sum  or  sums  as  they  or  the  major  part  of  them  shall  have 
agreed  to  accept  for  their  respective  shares. 

Sec"  2'"1  And  be  it  further  enacted  that  said  proprietors  be  and 
they  hereby  are  authorized  to  agree  with  any  Town  or  Towns, 
through  which  said  road  passes  to  sell  and  convey  or  relinquish  any 
part  of  said  road  situate  within  such  Town  or  Towns  respectively 
for  the  purpose  aforesaid  and  thereupon  the  part  of  said  road  so 
conveyed  or  relinquished  by  said  proprietors  and  accepted  by  the 
Selectmen  of  such  Town  through  which  the  same  passes  shall  be 
deemed  a  common  public  highway  in  manner  aforesaid,  and  the 
tolls  for  such  part  shall  be  discontinued  and  cease  and  said  pro- 
prietors shall  be  no  further  liable  to  maintain  or  repair  the  same 

Sec"  3rd  And  be  it  further  enacted,  that  any  Town  or  Towns 
may  by  tax,  loan  or  otherwise  raise  such  sums  as  they  judge  proper 
for  the  purposes  aforesaid. 


[CHAPTER  5.] 


State  of  ) 

New  Hampshire.  ( 


An  act  to  authorise,  Thomas  Sheafe  to  call  a  Meeting  of 
the  proprietors  of  plscataqua  bridge 

[Approved  June  14,  1824.  Original  Acts,  vol.  28,  p.  47;  recorded  Acts, 
vol.  22,  p.  438.  See  acts  of  June  20,  1793,  Laws  of  New  Hampshire,  vol.  6, 
p.  114;  June  13,  1796,  id.,  p.  320;  December  27,  1798,  id.,  p.  544;  December  4, 
1800,  id.,  p.  653,  and  December  24,  1803,  id.,  vol.  7,  p.  202.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  Thomas  Sheafe  of  Portsmouth  in  the 
County  of  Rockingham,  be  and  he  hereby  is,  authorized  to  call 
a  meeting  of  the  proprietors  of  piscataqua  Bridge  at  such  time  and 
place  as  he  may  deem  proper  and  at  such  meeting,  the  said  proprie- 
tors may  choose  a  Clerk,  Treasurer,  or  other,  officers  that  may  be 
necessary: — may  enact  by-laws — and  transact  any  business  that 
might  lawfully  be  done  at  their  annual  Meeting,  provided  that  the 


LAWS   OF   NEW  HAMPSHIRE  267 

said  Thomas  Sheafe  give  notice  of  the  time  and  place  of  holding 
such  meeting,  by  advertising  the  same  in  the  New  Hampshire 
Gazette  and  Portsmouth  Journal,  three  times  each,  previous  to 
said  meeting 


[CHAPTER  6.] 

State  of  I 

New  Hampshire.  \ 

An'  act  to  establish  a  corporation  by  the  name  of  the  new 
Ipswich,  Cotton  Mill, 

[Approved  June  14,  1824.  Original  Acts,  vol.  28,  p.  48;  recorded  Acts, 
vol.  22,  p.  439.  See  also  act  of  June  24,  1839,  Session  Laws,  1839,  Private 
Acts,  Chap.  7.] 

Section  ist  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  Batchelder, 
Eleaser  Brown,  their  associates  and  successors,  be  and  they  hereby 
are  incorporated  and  made  a  body  politic,  by  the  name  and  style 
of  the  New  Ipswich  Cotton  Mill;  and  by  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution,  and 
be  known  and  distinguished  in  all  their  Acts  and  proceedings  and 
they  are  hereby  vested  with  all  the  powers  and  privileges  incident 
to  corporations  of  a  similar  nature 

Sec"  21"1  And  be  it  further  enacted.  That  said  corporation  be, 
and  hereby  is  authorised  to  carry  en  the  manufacture  of  Cotton 
goods,  and  such  other  branches  of  business  as  shall  necessarily  and 
conveniently  connected  therewith,  at  New  Ipswich  in  the  County 
of  Hillsborough;  and  may  erect  such  mills,  mill  dams,  buildings 
and  Machinery  as  may  be  necessary  and  useful  in  conducting  and 
carrying  on  said  manufacture 

Sec"  3"1  And  be  it  further  enacted,  that  said  Corporation  may 
purchase  and  hold  real,  and  personal  estate  to  the  amount  of  one 
hundred  thousand  dollars,  and  the  same  may  sell,  alienate  and  dis- 
pose of  at  pleasure. 

Sect  4th  And  be  it  further  enacted,  that  the  persons  above 
named  may  call  the  first  meeting  of  said  Corporation  by  advertise- 
ment in  any  newspaper  printed  at  Amherst  in  said  County  of  Hills- 
borough twenty  days  at  least  previous  thereto,  or  by  giving  at  least 
ten  days  personal  notice  of  the  time,  place  and  design  of  said  meet- 
ing: At  which  meeting  the  members  of  said  Corporation  may  agree 
on  the  method  of  calling  their  future  meetings;  and  at  the  same  or 
at  any  subsequent  meeting  duly  notified  and  holden,  they  may 
choose  a  Clerk,  who  shall  be  sworn  to  the  faithful  discharge  of 
the  duties  of  his  Office,  and  such  other  officers  and  agents  as  they 


268  LAWS  OF   NEW  HAMPSHIRE 

may  think  useful  in  conducting  the  concerns  of  said  Corporation; 
may  divide  their  capital  or  joint  stock  into  such  number  of  shares 
as  they  may  think  proper  and  agree  on  the  mode  of  transfering 
them;  may  order  assessments  and  fix  the  time  of  their  payment 
may  pass  such  by-laws,  not  repugnant  to  the  laws  of  the  State,  as 
they  may  think  proper  for  their  regulation  and  government,  and  do 
and  transact  any  business  necessary  for  carrying  into  effect  the 
objects  of  this  association.  All  questions  shall  be  determined  by  a 
majority  of  votes,  allowing  one  vote  to  each  share,  except,  in  pass- 
ing, altering  or  repealing  the  by-laws  of  the  Corporation,  and  in 
ordering  assessments,  in  which  cases,  three  fourths  of  the  votes 
present  or  represented  shall  be  required.  The  members  of  said 
Corporation  may  vote  at  any  meeting  thereof  by  proxy  duly  author- 
ised in  writing  signed  by  the  person  represented  and  filed  with  the 
clerk. 

Sect  5th  And  be  it  further  enacted,  That  the  shares  in  said  Cor- 
poration shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments duly  made  thereon;  and  upon  the  nonpayment  thereof,  at 
the  time  fixed  for  the  payment  of  any  assessment,  the  delinquent 
shares  may  be  sold  at  public  vendue,  or  so  many  of  them  as  may 
be  necessary  to  pay  the  sum  due  with,  incidental  charges,  under 
such  regulations  as  in  the  by-laws  of  said  Corporation  are  pre- 
scribed 


[CHAPTER  7.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  change  the  name  of  Concord  in  the  County  of 
Grafton  to  the  name  of  Lisbon. 

[Approved  June  14,  1824.  Original  Acts,  vol.  28,  p.  49;  recorded  Acts, 
vol.  22,  p.  441.     Session  Laws,  1824,  Chap.  7.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  That  the  name  of  the  Town  of  Concord  in 
the  County  of  Grafton  be  altered  and  changed,  and  that  said  Town 
be  hereafter  called  and  known  by  the  name  of  Lisbon,  any  law  or 
usage  to  the  contrary  notwithstanding 


LAWS   OF   NEW   HAMPSHIRE  269 

[CHAPTER  8.] 

St  ait  of  I 

New  Hampshire.  ' 

An  act  directing  the  mode  of  choosing  and  appointing 
Electors  of  President  and  Vice  President  of  the  United 
States 

[Approved  June  14,  1824.  Original  Acts,  vol.  28,  p.  50;  recorded  Acts, 
vol.  22,  p.  442.  Session  Laws,  1824,  Chap.  9.  Repealed  by  act  of  June  19, 
1828,  post.] 

Section  ist     Be  it  enacted  by  the  Senate  and  House  of  Repr\ 
sentatives  in  general  Court,  convened,  That  the  Inhabitants  of  the 
several  towns,  plantations,  and  places  in  this  State,  qualified  to  vote 
for  Senators  in  the  State  Legislature,  shall  assemble  in  their  re- 
spective,  towns   plantations   and  places   on   the   first   Monday   of 
November  next,  and  on  the  first  Monday  in  the  month  of  November 
in  every  fourth  year  thereafter,  to  vote  for  a  number  of  persons 
equal,  to  the  whole  number  of  the  Senators  and  Representatives, 
at  the  respective  periods  aforesaid,  from  this  State  in  the  Congress 
of  the  United  States,  to  be  electors  of  President  and  vice  President 
of  the  United  States;  and  his  Excellency  the  Governor  for  the  time 
being  shall  seasonably  issue  precepts,  to  the  several  towns,  planta- 
tions and  places,  within  this  State,  directing  them  to  notify  and 
hold  meetings  as  aforesaid;    and  the  Selectmen  shall  give  fifteen 
days  notice  of  the  time,  place  and  purpose  of  such  meeting:  and  the 
Moderator  of  such  meeting,  with  the  Selectmen,  whose  duty  it  shall 
be  to  attend,  shall  receive  from  all  the  inhabitants  of  such  towns, 
plantations  and  places  respectively,  present  and  qualified  as,  afore- 
said, votes  for  Electors  of  President,  and  Vice  President,  each  voter 
giving  in  on  one  ballot  the  names  of  all  the  persons  he  votes  for )  and 
shall  in  open  town  Meeting  sort  and  count  the  same  and  the  Clerk 
of  each  town,  plantation  or  place,  shall  make  a  fair  record  in  the 
presence  of  the  Selectmen,  of  the  name  of  every  person  voted  for, 
and  the  number  of  votes  for  each  person,  and  shall  make  out  a  full 
and  fair  Copy  of  such  record  and  attest  the  same,  which  copy  so 
made  out  and  attested  he  shall  seal  up,  direct  to  the  Secretary  of  the 
State  with   a  superscription   expressing   the   purport,   thereof   and 
transmit  to  the  sheriff  of  the  County  in  which  he  resides,  within 
seven  days  after  said  meeting  or  to  the  Secretarys  Office  on  or  be- 
fore the  last  Wednesday,  but  one  in  said  Months  of  November  re- 
spectively:   and  the  several   Sheriffs,  shall  on  or  before  the  said 
Wednesday,   transmit   to   the   Secretarys   Office   all   certificates   of 
votes,  that  shall  be  in  manner  aforesaid  transmitted  to  them;  and 
the  respective  Clerks  and  Sheriffs  shall  be  liable  to  the  same  pen- 
alties for  the  neglect  of  the  duties  enjoined  on  them  respectively  by 


27O  LAWS   OF    NEW    HAMPSHIRE 

this  Act  as  they  are  liable  to  by  law  for  omissions  in  transmitting 
the  votes  for  Governor  and  Senators 

Section  2'"1  And  be  it  further  enacted,  that  the  Secretary  of  the 
State  shall  on  the  day  following  the  last  Wednesday,  but  one  in 
the  months,  of  November  aforesaid  respectively  lay  the  certificates 
aforesaid  before  the  Senate  and  House  of  Representatives  in  Con- 
vention to  be  by  them  examined  and  counted.  And  if  any  one  or 
more  persons  shall  appear  to  have  a  majority  of  votes,  he  or  they 
shall  be  declared  electors,  provided,  that  not  more  than  the  requi- 
site number  shall  have  such  majority:  and  in  case  more  than  the 
requisite  number  shall  have  such  majority  then  the  requisite  num- 
ber of  persons  having  the  highest  number  of  votes  shall  be  declared 
electors,  But  in  case  the  state  of  the  votes  will  not  admit  of  the 
designation  of  the  requisite  number  of  persons  by  the  highest  num- 
ber of  votes,  then  as  many  as  can  be  so  designated  shall  be  declared 
Electors,  and  from  the  remaining  number  of  those  who  shall  have 
a  majority  of  the  Votes,  the  Senate  and  House  of  Representatives 
in  convention  shall  forthwith  elect  by  ballot  so  many  persons,  one 
at  a  time,  as  shall  be  necessary  to  complete  the  requisite  number. 
But  if  any  or  the  whole  number  requisite  shall  not  have  such  ma- 
jority of  the  votes  of  the  people  the  Senate  and  House  of  Repre- 
sentatives in  convention  shall  cause  a  list  to  be  made  of  the  persons 
not  chosen,  having  the  highest  number  of  votes,  equal  to  double 
the  number  of  electors  wanted,  and  if  it  shall  happen  that  two  or 
more  of  the  persons  voted  for  have  an  equal  number  of  votes,  which 
number  is  also  high  enough  to  entitle  the  candidates  to  a  place  in 
said  list,  the  names  of  such  persons  shall  be  put  into  a  box  and 
the  secretary,  not  being  one  of  the  candidates — shall  in  presence 
of  the  convention  draw  the  number  wanted  to  complete  said  list, 
from  which  list  the  convention  shall  elect  by  ballot  one  person  at  a 
time,  the  number  of  electors  wanted.  And  whenever  the  Secretary 
shall  be  a  candidate  and  his  name  be  put  into  the  box  as  aforesaid 
the  convention  shall  appoint  some  other  person,  to  draw  out  the 
name  or  names  in  manner  before  directed 

Section  3rd  And  be  it  further  enacted,  that  his  excellency  the 
Governor  for  the  time  being  shall  cause  the  several  persons  who 
may  be  chosen  electors  to  be  seasonably  notified  of  their  appoint- 
ment, and  request  their  attendance  at  Concord  on  the  teusday  next 
preceding  the  first  Wednesday  in  the  following  month  of  December 
at  ten  of  the  clock  in  the  forenoon 

Section  4th  And  be  it  further  enacted,  that  the  Electors  chosen 
as  aforesaid,  shall  meet  at  Concord  on  said  teusday  and  by  twelve 
of  the  clock  at  midday  of  said  dav  give  notice  to  the  Legislature 
of  the  number  of  electors  present  who  accept  the  said  appointment, 
and  if  from  such  notice  it  shall  appear,  that  the  requisite  number 
of  electors  is  not  then  present  or  do  not  accept  said  appointment, 
the  Senate  and  House  of  Representatives,  shall  immediately  meet 


LAWS  OF   NEW  HAMPSHIRE  271 

in  convention  and  by  Joint  ballot  elect  the  number  wanting  to  com- 
plete the  board.  And  if  any  person  or  persons  chosen  on  said  teus- 
day,  shall  not  then  attend  and  accept  said  trust,  the  Convention 
shall  immediately  choose  one  or  more  persons  to  supply  such  va- 
cancy 

Section  5th  And  be  it  further  enacted,  that  the  electors  chosen 
and  appointed  as  aforesaid,  shall  give  their  votes  for  President  and 
vice  President  of  the  United  States,  at  Concord  on  the  first  Wednes- 
day in  their  respective  Months  of  December  aforesaid,  and  shall 
proceed  to  perform  all  the  duties  incumbent  on  them  as  Electors  in 
manner  prescribed  by  law 


[CHAPTER  9.] 


State  of  \ 

New  Hampshire,  j 


An  act  to  alter  the  names  of  certain  persons,  therein  men- 
tioned— 

[Approved  June  15,  1824.  Original  Acts,  vol.  28,  p.  51;  recorded  Acts, 
vol.  22,  p.  446.] 

Whereas  certain  persons  have  petitioned  the  Legislature  to  alter 
their  names,  and  their  request  appearing  reasonable  therefore, 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  John  Hogg  of  Spring- 
field shall  hereafter  be  called  and  known  by  the  name  of  John  John- 
son, and  his  wife,  Susan  Hogg,  and  his  children,  Betsy,  John,  James, 
Joseph,  Moses  and  Daniel  Hogg  shall  severally,  assume  and  bear 
the  name  of  Johnson  in  like  manner.  Samuel  Greenleaf  Jun1'  of 
Salsbury  may  assume  and  shall  hereafter  be  called  and  known  by 
the  name  of  Francis  Samuel  Greenleaf  Luther  Wyman  of  Surry  may 
assume  and  shall  hereafter  be  called  and  known  by  the  name  of 
Luther  Smith — 

Rosetha  Dort  of  Surry  shall  hereafter  be  called  and  known  by 
the  name  of  Rosetha  Smith — 

Stephen  Kenniston  of  Wolfborough  shall  hereafter  be  called  and 
known  by  the  name  of  Stephen  Davis, 

David  T.  Libbey  of  Wolfborough.  shall  hereafter  be  called  and 
known  by  the  name  of  David  T.  Livy 

Joseph  Brown  of  Bristol  shall  hereafter  be  called  and  known  by 
the  name  of  Joseph  H.  Brown 

Dexter  Pratt  of  Dover  shall  hereafter  be  called  and  known  by  the 
name  of  George  Dexter  Pratt  Josiah  Richardson  Crossman  of  Hollis 
shall  hereafter  be  called  and  known  by  the  name  of  William 
Parker — 


272  LAWS   OF   NEW  HAMPSHIRE 

Andrew  Bradley  of  Thornton  shall  hereafter  be  called  and  known 
by  the  name  of  Andrew  Rankin 

Daniel  Ricker  of  Somersworth  shall  hereafter  be  called  and 
known  by  the  name  of  Daniel  Wentworth  Ricker 

George  Roberts  3"'  of  Somersworth  shall  hereafter  be  called  and 
known  by  the  name  of  George  Washington  Roberts, 

Hannah  Washington,  Fanny  Proctor  Washington  and  John 
Shepard  Washington  of  Bradford  may  severally  assume  the  sur- 
name of  Davis  and  shall  hereafter  be  called  and  known  by  that  name 

[CHAPTER  10.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  establish  a  corporation  by  the  name  of  the  Pro- 
prietors of  Conway  and  Eaton  Canal. 

[Approved  June  15,  1824.  Original  Acts,  vol.  28",  p.  52;  recorded  Acts, 
vol.  22,  p.  448.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Joseph  Colby,  Joseph 
Hobson,  junior,  Moses  K.  Wells,  their  associates  and  successors,  be, 
and  they  here"  ~  "»  incorporated  and  made  a  body  politic  by  the 
name  and  style  01  „ie  Proprietors  of  Conway  and  Eaton  Canal; 
and  by  that  name  may  sue  and  be  sued  prosecute  and  defend  to  final 
judgment  and  execution,  and  be  known  and  distinguished  in  all 
their  acts  and  proceedings;  and  hereby  are  vested  with  all  the  pow- 
ers and  privileges  incident  to  corporations  of  a  similar  nature. 

Sect  2.  And  be  it  further  enacted,  That  said  Proprietors  be, 
and  they  hereby  are  authorized  and  empowered,  within  the  term  of 
five  years  from  the  passing  of  this  act,  to  lay  out,  make  and  construct 
a  Canal  from  Robinson  Pond,  so  called,  in  Eaton  in  the  county  of 
Strafford,  to  the  Great  Mill  Pond,  or  Walker  Pond,  so  called,  in 
Conway  in  said  county,  and  thence  into  Saco  River,  in  the  most 
convenient  direction  for  making  said  Canal,  and  for  transporting 
lumber  therein,  and  to  erect  dams  and  slips  at  the  most  suitable 
places,  and  to  remove  any  obstructions  from  said  stream,  and  do 
all  things  necessary  to  facilitate  the  passage  of  lumber  from  said 
Robinson  Pond  to  Saco  River. 

Sect.  3.  And  be  it  further  enacted,  That  if  anv  person  or  ner- 
sons,  whose  land  shall  be  taken  to  make  said  Canal,  or  whose  land 
shall  be  flowed  by  said  Canal,  and  the  said  Proprietors  cannot  agree 
on  the  amount  of  damage  thus  occasioned,  nor  upon  a  suitable 
person  or  persons  to  estimate  the  same,  then  and  in  that  case  a  dis- 
interested committee  of  three  freeholders  in  said  county  shall  be 
appointed  by  the  Superior  Court  of  Judicature,  or  by  two  Justices 


LAWS   OF  NEW   HAMPSHIRE  273 

of  the  Quorum  in  said  county;  and  the  determination  of  the  said 
committee  or  referees  so  appointed  shall  be  the  measure  of  dam- 
ages: Provided  however,  that  if  either  party  shall  be  dissatisfied 
with  the  report  of  said  referees,  and  shall  at  the  term  of  the  Court 
aforesaid  at  which  said  report  shall  be  made  apply  to  the  said  Court 
for  a  trial  by  Jury  in  the  manner  other  causes  are  determined,  the 
said  Court  shall  have  power  to  determine  by  Jury  as  aforesaid; 
and  if  the  verdict  of  the  Jury  shall  not  give  to  the  party  applying  a 
greater  sum  in  damages  than  said  referees  shall  have  awarded  as 
aforesaid,  then  the  said  Court  shall  award  costs  against  the  appli- 
cants; but  if  the  said  last  decision  shall  be  more  favorable  to  the 
party  applying  than  the  report  of  said  referees,  then  the  said  Court 
shall  render  judgment  accordingly,  and  issue  execution  in  either 
case. 

Sect.  4.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons, shall  wilfully  and  maliciously  in  any  way  destroy  or  injure 
said  Canal,  or  any  works  or  part  thereof,  or  divert  or  obstruct  the 
waters,  to  the  damage  of  said  Proprietors,  he,  she  or  they  shall 
pay  treble  the  amount  of  damages  the  said  Proprietors  shall  make 
to  appear  before  any  Court  of  competent  jurisdiction  that  they  have 
sustained 

Sect  5.  And  be  it  further  enacted,  That  for  the  purpose  of  re- 
imbursing said  Proprietors  the  moneys  by  them  expended  in  making 
and  constructing  said  canal,  dams  and  slips,  a  Toll  be,  and  hereby 
is  granted  and  established:  that  is  to  say — For  so  many  mill  logs  as 
will  make  one  thousand  feet  of  boards,  thirty  cents;  for  every 
thousand  feet  of  boards,  plank  or  slitwork,  thirty  cents;  and  in 
that  proportion  for  a  greater  or  less  quantity  of  mill  logs  and  other 
lumber  passing  down  said  canal  and  through  said  slips  from  any 
place  above  Walker  Pond;  and  all  mill  logs  and  other  lumber  put 
afloat  in  Walker  Pond  and  passing  down  said  Canal  and  through 
the  slips  below  said  Pond  shall  pay  a  sum  equal  to  two  thirds  of  the 
rates  aforesaid.  And  in  case  the  owner  of  any  lumber  shall  refuse 
to  pay  the  toll  hereby  established  when  demanded,  the  said  Pro- 
prietors, or  their  agent,  are  hereby  authorized  to  stop  and  detain 
the  same  from  passing  through  said  slips  until  said  toll  be  paid  or 
satisfactory  security  therefor  given;  and  if  said  toll  shall  not  be 
paid  or  secured  within  three  days  after  the  same  shall  have  been 
demanded,  the  said  Proprietors  or  their  agent  shall  have  the  right 
to  sell  so  much  of  said  lumber  at  public  vendue,  giving  at  least  four 
days'  notice  thereof  by  posting  notifications  for  that  purpose  in  at 
least  two  public  places  in  said  Conway,  as  will  be  sufficient  to  pay 
said  toll  and  incidental  charges. 

Sect.  6.  And  be  it  further  enacted.  That  said  Proprietors  be, 
and  hereby  are  authorized  to  purchase  and  bold  so  much  real  estate 
as  may  be  necessary  for  the  purposes  intended  by  this  act,  not  ex- 
ceeding one  thousand  dollars. 

18 


274  LAWS   OF   NEW   HAMPSHIRE 

Sect.  7.  And  be  it  further  enacted,  That  any  two  of  the  persons 
before  named  may  call  the  first  meeting  of  said  Proprietors  at  any 
suitable  time  and  place  by  posting  notifications  therefor  at  some 
public  place  in  Conway  aforesaid  at  least  fifteen  days  before  the 
time  of  said  meeting,  or  by  giving  at  least  ten  days'  personal  notice 
of  the  time,  place  and  design  of  said  meeting:  At  which  meeting 
the  said  Proprietors  may  agree  on  the  manner  of  calling  their 
future  meetings;  and  at  the  same,  or  at  any  subsequent  meeting, 
they  may  choose  a  Clerk  and  all  other  necessary  officers  and  agents 
for  conducting  the  concerns  of  said  Corporation;  may  divide  their 
capital  or  joint  stock  into  such  number  of  shares  as  they  may  think 
proper,  and  agree  on  the  manner  of  transferring  them;  may  order 
assessments  and  fix  the  time  of  their  payment;  pass  by-laws,  not 
repugnant  to  the  laws  of  the  State,  for  their  regulation  and  govern- 
ment, and  do  and  transact  any  business  necessary  to  carry  into 
effect  the  intentions  of  this  act.  All  questions  shall  be  determined 
by  a  majority  of  votes,  allowing  one  vote  to  each  share;  and  absent 
members  may  vote  by  proxy,  being  authorized  in  writing  signed 
by  the  person  represented  and  filed  with  the  Clerk. 


[CHAPTER  11.] 

State  of  ) 

New  Hampshire,  f 

An  act  to  incorporate  certain  persons  by  the  name  of  the 
dunbarton  sacred  music  society. 

[Approved  June  15,  1824.  Original  Acts.  vol.  28,  p.  S3',  recorded  Acts, 
vol.  22,  p.  452.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  Kimball,  Edward 
Gould,  Jonathan  Ireland  Jun1  their  associates,  and  such  as  may 
hereafter  become  members  of  said  Society,  are  hereby  incorporated 
and  made  a  body  politic  by  the  name  of  the  Dunbarton  sacred  music 
Society,  and  by  that  name  may  sue  and  be  sued,  plead  &  be  im- 
pleaded, defend  and  be  defended  to  final  judgment  and  execution, 
and  are  hereby  invested  with  all  the  powers  and  privileges  incident 
to  corporations  of  a  similar  nature 

Sec  2nd  Be  it  further  enacted,  that  Samuel  Kimball  and  Edward 
Gould  may  call  the  first  meeting  of  said  society,  at  any  suitable  time 
and  place  by  posting  a  notification  for  that  purpose  at  two  public 
places  in  said  Dunbarton,  at  least  fifteen  days,  prior  to  said  meeting, 
at  which  meeting  the  members  shall  choose  a  Clerk  and  other  officers 
necessary:  and  may  establish  such  by  laws  as  they  may  think 
proper,  not  repugnant  to  the  laws  of  this  State — 


LAWS  OF   NEW   HAMPSHIRE  275 

Sec1  3"'  Be  it  further  enacted,  that  said  corporation  may  by 
gift,  grant  or  otherwise  receive,  hold,  &  enjoy  for  purposes  of  im- 
provement in  sacred  music  personal  estate  to  any  amount  not  ex- 
ceeding five  hundred  dollars. 


[CHAPTER  12.] 

State  of  ] 

New  Hampshire.  \ 

An  Act  to  establish  a  corporation  by  the  name  of  the  First 
Fire  Engine  Company  in  Peterborough. 

[Approved  June  15,  1824.  Original  Acts,  vol.  28,  p.  54;  recorded  Acts, 
vol.  22,  p.  454.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jeremiah  Smith,  John 
Gordon,  John  H.  Steele,  their  associates  and  successors,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politick  by  the  name  and 
style  of  the  First  Fire  Engine  Company  in  Peterborough;  and  by 
that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judg- 
ment and  execution,  and  be  known  and  distinguished  in  all  their  acts 
and  proceedings;  and  they  are  hereby  vested  with  all  the  powers 
and  privileges  incident  to  corporations  of  a  similar  nature. 

Sect.  2.  And  be  it  further  enacted,  That  said  Company  be,  and 
hereby  is  authorized  and  empowered  to  purchase  and  hold  real  and 
personal  estate  for  the  purposes  of  their  association  to  any  amount 
not  exceeding  one  thousand  dollars,  and  the  same  may  sell,  convey 
and  dispose  of  at  pleasure. 

Sect.  3.  And  be  it  further  enacted,  That  Jeremiah  Smith,  John 
Gordon,  John  H.  Steele,  or  any  two  of  them,  may  call  the  first  meet- 
ing of  said  Company  at  any  suitable  time  and  place  in  Peterborough 
in  the  county  of  Hillsborough,  by  giving  to  the  members  thereof  at 
least  three  days'  personal  notice  of  the  time,  place  and  design  of 
said  meeting:  At  which  said  first  meeting  the  said  members  may 
choose  a  Clerk,  and  agree  on  the  manner  of  calling  their  annual  and 
other  meetings  and  the  times  and  places  of  holding  them;  and  at 
the  same,  or  at  any  subsequent  meeting,  they  may  elect  their  officers 
and  prescribe  their  duties;  may  order  assessments  and  fix  the  time 
of  their  payment;  pass  by-laws,  not  repugnant  to  the  laws  of  the 
State,  and  annex  penalties  to  the  breach  thereof  not  exceeding  five 
dollars  for  any  one  offence,  and  do  and  transact  any  business  neces- 
sary to  carry  into  effect  the  purposes  intended  by  this  act. 


2j6  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  13.] 

State  oj  } 

New  Hampshire.  \ 

An  act  to  incorporate  a  society  for  the  promoting  of  Agri- 
culture   AND    DOMESTIC    MANUFACTURES    IN    THE    COUNTY    OF 

Merrimack 

[Approved  June  15,  1824.  Original  Acts,  vol.  28,  p.  55;  recorded  Acts, 
vol.  22,  p.  455.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  that  Ebenezar  Lerned,  Hall 
Burgin,  John  Harris  Joshua  Darling,  Ezekiel  Webster,  Stephen 
Ambrose  Boswell  Stevens,  Joshua  Fifield,  Timothy  Chandler  and 
Horace  Chase  and  their  associates,  and  such  others  as  may  here- 
after become  associates  and  members,  be,  and  they  hereby  are 
incorporated  into  a  body  politic  and  corporate  forever  by  the  name 
of  the  Society  for  the  promotion  of  agriculture  and  domestic  man- 
ufactures in  the  County  of  Merrimack — 

Sec"  2,ld  And  be  it  further  enacted,  that  the  said  corporation  be 
and  they  are  hereby  declared  and  made  capable  in  law  of  having, 
holding  purchasing,  and  taking  in  fee  simple  or  any  less  estate 
by  gift,  grant,  or  otherwise  any  lands,  tenements,  or  other  estate,  real 
or  personal,  provided  the  annual  income  thereof  shall  not  exceed 
five  thousand  dollars.  Also  to  sell,  demise  or  dispose  of  the  same 
estate  real  or  personal  for  the  purpose  above  mentioned 

Sec"  3"'  And  be  it  further  enacted,  that  the  said  corporation 
shall  have  full  power  and  authority  to  make,  have  and  use  a  com- 
mon seal  and  the  same  to  break,  alter  and  renew  at  pleasure,  and  be 
capable  in  law  to  sue  and  be  sued,  in  all  courts,  and  to  do  and  to 
suffer  all  such  matters  and  things  in  and  out  of  court  as  properly 
appertain  to  such  corporation 

Section  4th  And  be  it  further  enacted,  that  the  said  corporation 
may  make  and  establish  and  put  in  execution  all  such  rules,  regu- 
lations and  by  laws  as  may  be  necessary  for  said  corporation: 
provided  they  be  not  repugnant  to  the  constitution  and  laws  of  this 
State:  and  for  the  well  ordering  their  affairs  shall  have  such  Officers 
as  they  shall  hereafter,  from  time  to  time  elect  and  appoint  in  pur- 
suance of  such  rules,  regulations  and  by  laws  as  they  may  establish: 
and  the  said  Officers,  shall  be  capable  of  exercising  such  power 
for  the  well  governing  and  ordering  the  affairs  of  the  corporation 
as  shall  be  committed  to  them  by  the  laws  and  regulations  thereof: 
provided  nevertheless,  that  the  said  corporation  shall  not  have  the 
power  of  assessing  more  than  ten  dollars  on  each  member  in  any 
one  year,  nor  more  than  one  dollar  at  a  time,  except  at  the  annual 
meeting 


LAWS   OF   NEW   HAMPSHIRE  ^17 

Section  5th  And  be  it  further  enacted,  that,  Ebenezar  Lerned, 
Hall  Burgin  and  John  Harris  or  any  two  of  them  may  call  the  first 
meeting  under  the  authority  of  this  act,  at  such  time  and  place  in 
the  County  of  Merrimack:  as  they  may  think  best,  by  giving  public 
notice  thereof  fifteen  days  prior  to  said  meeting  in  the  newspapers 
printed  at  Concord,  and  expressing  in  such  notice  the  object  of  the 
meeting — 


[CHAPTER  14.] 


State  of  ) 

New  Hampshire.  \ 


An  act,  in  addition  to  an  act  entitled  an  Act  to  establish  a 
corporation,  by  the  name  of  the"  coos  agricultural  so- 
CIETY. 

[Approved  June  15,  1824.  Original  Acts,  vol.  28,  p.  56;  recorded  Acts, 
vol.  22,  p.  458.  The  act  referred  to  is  dated  June  18,  1819,  Laws  of  New 
Hampshire,  vol.  8,  p.  766.] 

Preamble — 

Whereas  at  an  adjournment  of  the  annual  meeting  of  the  Coos 
Agricultural  Society  holden  at  the  Court  house  in  Lancaster  on  the 
eighteenth  day  of  February  in  the  year  of  our  Lord  one  thousand, 
eight  hundred  and  twenty  four,  it  was  voted  unanimously  by  said 
Society,  that  application  should  be  made  to  the  General  Court,  to 
alter  their  act  of  incorporation  so  far  as  to  reduce  the  sum,  annually 
to  be  paid  by  each  member  of  the  Society  from  two  dollars  to  one 
dollar,  Therefore 

Sec  Ist  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  each  member  of  said  Society 
shall -pay  annually  into  its  treasury  on  or1  before  the  day  of  the 
annual  meeting  thereof  the  sum  of  one  dollar,  instead  of  the  sum 
of  two  dollars  as  is  now  required  to  be  paid  by  the  fourth  section  of 
the  act  to  which  this  act  is  an  addition 

Sec.  2nd  And  be  it  further  enacted,  That  this  act  shall  not  be 
construed  so  as  to  have  any  effect  until  the  first  day  of  October 
next. 


278  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  15.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  the  Morning  Star  Lodge  N°.  i  7 

[Approved  June  15,  1824.  Original  Acts,  vol.  28,  p.  57;  recorded  Acts, 
vol.  22,  p.  459.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that,  Jonathan  Copp,  David 
Clark,  William  Piper  and  their  associates  and  successors  be,  and 
they  hereby  are  constituted  and  made  a  body  corporate  and  politic 
forever  by  the  name  of  Morning  Star  Lodge  N°.  17  and  by  that 
name  may  sue  and  be  sued  plead  and  be  impleaded,  prosecute,  and 
be  prosecuted  to  final  judgment  and  execution — and  may  have  and 
use  a  common  seal,  and  the  same  may  break,  alter  or  renew  at  pleas- 
ure, and  may  hold  Real  and  personal  estate  not  exceeding  in  amount 
the  sum  of  two  thousand  dollars,  and  shall  have  and  possess  all  the 
powers  and  privileges  incident  to  corporations  of  a  similar  nature 

Sec  2  And  be  it  further  enacted,  that  Jonathan  Copp,  David 
Clark  and  William  Piper,  or  any  two  of  them  may  call  the  first 
meeting  of  said  Corporation  by  posting  up  notice  in  some  public 
place  in  each  of  the  following  Towns,  to  wit,  Wolfeborough,  Tufton- 
borough,  and  Moultonborough,  thirty  days  at  least  prior  to  said 
meeting,  and  at  said  meeting,  may  choose  all  such  officers  and  make 
and  establish  such  rules  and  by  laws  as  they  may  think  proper, 
provided  such  rules  and  by  laws  shall  not  be  repugnant  to  the  con- 
stitution and  laws  of  this  State. 


[CHAPTER  16.] 


State  of  ) 

New  Hampshire.  ] 


An  act  authorizing  the  Town  of  Wendell  to  send  a  repre- 
sentative to  the  General  Court. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  58;  recorded  Acts, 
vol.  22,  p.  461.     Session  Laws,  1824,  Chap.  20.] 

Section  Ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened  That  the  Town  of  Wendell 
in  the  County  of  Cheshire,  until  otherwise  ordered,  be,  and  it  is 
hereby  authorized  and  empowered,  to  elect  and  send  a  Representa- 
tive to  the  General  Court,  in  the  same  way  and  manner  as  other 
towns  in  this  State  may  now  do,  any  law,  usage  or  custom  to  the 
contrary,  notwithstanding — The  first  Election  to  be  on  the  second 
teusday  of  March  next. 


LAWS  OF   NEW   HAMPSHIRE  279 

[CHAPTER  17.] 


State  oj  I 

New  Hampshire.  \ 


An  act  to  incorporate,  the  proprietors  of  Strafford  Musical 
Society  in  Sandbornton. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  59;  recorded  Acts, 
vol.  22,  p.  462.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Parker  Plumer,  Elisha 
Smith  Jr  Josiah  B  Batchelder,  Nathan  Batchelder,  Samuel  Batchel- 
der,  William  Batchelder,  Daniel  Clark,  Stuart  Smith,  Hezekiah 
Smith,  Samuel  Smith  Jr.  John  Clark  3rd,  Bradbury  Morrison  J1  and 
their  associates  and  successors  be  and  they  are  hereby  constituted 
and  made  a  body  politic  and  corporate  forever  by  the  name  of  Straf- 
ford Musical  Society  in  Sandbornton  and  by  that  name  may  sue 
and  be  sued,  plead  and  be  impleaded,  prosecute  and  be  prosecuted 
to  final  Judgment  and  execution:  and  may  for  the  promotion  of 
sacred  music  in  Sandbornton  have  and  possess  personal  estate  not 
exceeding  three  hundred  dollars,  and  shall  have  and  possess  all  the 
rights  and  privileges  of  corporations  of  a  similar  nature. 

Sec  2nd  And  be  it  further  enacted,  that  Parker  Plumer,  Elisha 
Smith  Jr  &  Josiah  Batchelder,  or  either  two  of  them  may  call  the 
first  meeting  of  said  Corporation  by  posting  up  notice  of  the  time 
and  place  of  said  meeting  in  two  or  more  public  places  in  said  Sand- 
bornton at  least  fifteen  days  prior  to  said  meeting,  and  at  said  meet- 
ing, or  at  any  subsequent  meeting  may  choose  such  Officers  and 
make  and  establish  such  rules  and  by  laws,  as  to  them  shall  seem 
proper  providing  such  rules  and  by  laws  are  not  repugnant  to  the 
constitution  and  laws  of  the  State  of  New  Hampshire. 


[CHAPTER  18.] 


State  of  l 

New  Hampshire.  ( 


An  act  to  incorporate  certain  persons  by  the  name  of  Dub- 
lin Literary  Society — 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  60;  recorded  Acts, 
vol.  22,  p.  463.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Levi.  W,  Leonard, 
Joseph  Appleton  and  their  associates  and  successors,  be  and  are 


280  LAWS   OF    NEW   HAMPSHIRE 

hereby  incorporated  into  and  made  a  body  politic  by  the  name  and 
style  of  the  Dublin  Literary  Society,  with  continuance  and  succes- 
sion forever:  and  are  hereby  vested  with  all  the  powers  and  priv- 
ileges of  corporations  of  a  similar  nature  and  may  hold  personal 
property,  not  exceeding  two  thousand  dollars  for  the  use  of  this 
association. 

Sec  2'"'  And  be  it  further  enacted,  that  Levi  W,  Leonard  and 
Joseph  Appleton  are  hereby  authorised  to  call  the  first  meeting  of 
said  Corporation  at  such  time  and  place  as  they  may  think  proper 
by  posting  up  a  Notification  of  the  same  at  some  public  place  in 
said  Dublin  at  least  fifteen  days  prior  to  such  meeting:  and  the  said 
Corporation  may  at  the  meeting  aforesaid  elect  such  officers  and 
make  and  establish  such  bylaws  and  regulations  ( not  contravening 
the  laws  of  this  State)  as  shall  by  them  be  deemed  expedient  and 
necessary  for  the  government  of  said  corporation. 


[CHAPTER  19.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  authorise  the  collectors  of  taxes  in  the  County 
of  Merrimack,  to  collect  the  taxes  committed  to  them, 
under  warrants  issued  prior  to  the  first  day  of  August 
1823. 

[Approved  June   16,   1824.     Original  Acts,  vol.  28,  p.  61;   recorded  Acts, 
vol.  22,  p.  465.     Session  Laws,  1824,  Chap.  23.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  any  collector  of  taxes  in  any  town 
in  the  County  of  Merrimack  to  whom  any  list  of  taxes  was  com- 
mitted under  a  warrant  issued  prior  to  the  first  day  of  August  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty  three 
and  who  has  not  completed  his  collection  be,  and  he  hereby  is 
authorized  to  proceed  in  collecting  said  taxes  in  the  same  manner 
as  if  the  said  County  had  not  been  formed,  except  that  the  commit- 
ment of  delinquents  shall  be  to  the  gaol  in  said  Countv  of  Merri- 
mack, instead  of  either  of  the  gaols  in  the  County  of  Rockingham 
or  of  Hillsborough. 


LAWS   OF   NEW   HAMPSHIRE  28  I 

[CHAPTER  20.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Proprietors  of  Columbia  Bridge. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  62;  recorded  Acts, 
vol.  22,  p.  466.  Session  Laws,  1824,  Chap.  24.  See  also  act  of  December 
16,  1828,  post.] 

Section  i..  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jared  Cone,  David 
Bundy,  Ephraim  H.  Mahurin,  Amos  Bancroft,  Marsena  Blodget, 
Calvin  Willard,  Jared  Cone,  junior,  Charles  C.  Cone,  their  asso- 
ciates and  successors,  be,  and  they  hereby  are  incorporated  and 
made  a  body  politick  by  the  name  and  style  of  the  Proprietors  of 
Columbia  Bridge;  and  by  that  name  may  sue  and  be  sued,  prose- 
cute and  defend  to  final  judgment  and  execution,  and  be  known 
and  distinguished  in  their  acts  and  proceedings,  and  in  all  cases 
whatever;  and  they  are  hereby  vested  with  all  the  powers  and  priv- 
ileges which  are  by  law  incident  to  corporations  of  a  similar  nature. 

Sect.  2.  And  be  it  further  enacted,  That  the  said  Proprietors 
are  hereby  authorized  and  empowered  to  construct  and  build  a 
Bridge  over  and  across  Connecticut  river  at  any  suitable  place  be- 
tween the  towns  of  Columbia  in  this  State  and  Minehead  in  the 
State  of  Vermont,  and  the  same  to  keep  in  repair,  and  from  time  to 
time  rebuild;  and  for  this  purpose  the  said  Proprietors  are  author- 
ized to  purchase  and  hold  so  much  land  as  may  be  necessary  for 
their  use  and  accommodation,  not  exceeding  ten  acres,  and  the 
same  may  sell,  exchange  and  convey  at  pleasure. 

Sect.  3.  And.be  it  further  enacted.  That  any  two  of  the  three 
persons  first  above  named  may  call  the  first  meeting  of  said  Pro- 
prietors by  posting  up  a  notification  therefor  at  some  publick  place 
in  said  Columbia  at  least  fifteen  days  prior  to  said  meeting,  or  by 
giving  at  least  ten  days'  personal  notice  of  the  time,  place  and 
design  of  said  meeting:  At  which  meeting  the  said  Proprietors 
may  choose  a  Clerk  who  shall  be  sworn  to  the  faithful  discharge  of 
the  duties  of  his  office;  may  agree  on  the  manner  of  calling  future 
meetings;  and  at  the  same,  or  at  any  subsequent  meeting,  the  said 
Proprietors  may  elect  all  necessary  officers  and  agents  and  pre- 
scribe their  duties;  may  divide  their  capital  or  joint  stock  into 
shares,  and  agree  on  the  manner  of  transferring  them;  may  order 
assessments  and  fix  the  time  of  their  payment;  may  pass  by-laws, 
not  repugnant  to  the  laws  of  the  State,  for  their  regulation  and  gov- 
ernment, and  do  and  transact  any  business  necessary  to  carry  into 
effect  the  objects  of  their  association.  All  questions  shall  be  deter- 
mined by  a  majority  of  votes,  accounting  one  vote  to  each  share; 


282  LAWS  OF   NEW  HAMPSHIRE 

and  absent  proprietors  may  vote  by  proxy,  being  authorized  in 
writing  signed  by  the  person  represented  ana  tiled  with  the  Clerk. 

Sect.  4.  And  be  it  iurther  enacted,  That  ior  the  purpose  of  re- 
imbursing said  Proprietors  the  money  by  them  expended  in  build- 
ing and  keeping  said  Bridge  in  repair,  a  Toll  be,  and  hereby  is 
granted  and  established  of  the  rates  following,  that  is  to  say;  For 
every  foot  passenger,  one  cent;  for  every  horse  and  rider,  or  led 
horse,  four  cents;  for  every  cart  or  waggon  with  one  horse  or  one 
yoke  of  oxen,  eight  cents,  and  for  every  additional  horse  or  yoke 
of  oxen,  two  cents;  for  every  chaise  or  other  carriage  of  pleasure 
with  one  horse,  ten  cents,  and  for  each  additional  horse  two  cents; 
for  every  sleigh  or  sled  with  one  horse  or  one  yoke  of  oxen,  six 
cents,  and  for  each  additional  horse  or  yoke  of  oxen,  two  cents;  for 
horses  or  mules  in  droves,  two  cents  each;  for  neat  cattle  in  droves, 
one  cent  each,  and  for  sheep  or  swine  in  droves,  one  fourth  of  a 
cent  each.  And  the  toll-gatherer  appointed  by  said  Proprietors  shall 
have  a  right  to  stop  all  persons  from  passing  said  Bridge  with  their 
cattle,  teams  or  carriages,  and  to  detain  them  until  said  toll  be 
paid  or  tendered;  and  at  all  times  when  the  toll-gatherer  does  not 
attend  his  duty  the  gate  shall  be  left  open. 

Sect.  5.  And  be  it  further  enacted,  That  the  shares  in  said  Cor- 
poration shall  be  holden  and  liable  for  all  assessments  duly  made 
thereon,  and  upon  the  non-payment  thereof  within  the  time  fixed 
for  their  payment,  the  said  snares  may  be  sold  at  publick  vendue,  or 
so  many  of  them  as  will  be  necessary  to  pay  such  assessments  with 
incidental  charges,  under  such  regulations  as  the  said  Proprietors  in 
their  by-laws  shall  prescribe. 

Sect.  6.  And  be  it  further  enacted,  That  after  the  expiration  of 
five  years  from  the  completion  of  said  Bridge,  upon  the  application 
of  said  Proprietors,  or  of  any  other  person  or  persons,  the  Justices 
of  the  Superior  Court  of  Judicature  at  any  session  of  said  Court 
in  and  for  the  county  of  Coos,  upon  an  examination  of  the  account 
of  expenses  incurred  by  said  Proprietors  in  building  and  keeping 
said  Bridge  in  repair,  and  the  account  of  tolls  by  them  received  for 
passing  the  same,  may  alter  the  aforesaid  rates  of  toll,  by  increasing 
or  diminishing  them  in  such  manner,  that  said  Proprietors  shall 
never  receive  more  than  twelve  per  centum  on  the  amount  of  the 
expense  of  building  and  repairing  said  Bridge. 

Sect.  7.  And  be  it  further  enacted,  That  in  case  said  Bridge 
shall  not  be  completed  within  the  term  of  five  years  from  the  passing 
hereof,  this  act  and  every  part  thereof  shall  be  null  and  void. 


LAWS   OF   NEW  HAMPSHIRE  2&3 

[CHAPTER  21.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  abolish  the  office  of  quarter-master-general,  and 
for  transferring  the  duties  of  said  office,  as  heretofore 
required  by  law,  to  the  office  of  the  adjutant-general. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  63;  recorded  Acts, 
vol.  22,  p.  470.  Session  Laws,  1824,  Chap.  25.  See  also  acts  of  July  6,  1839, 
id.,  1839,  Chap.  454,  and  July  8,  1862  id.,  1862,  Chap.  2581.] 

Whereas  it  would  be  for  the  convenience  of  the  militia  of  this 
State,  that  the  duties  now  required  by  law  to  be  done  by  the 
quarter-master-general,  should  be  performed  by  the  adjutant  and 
inspector  general,  and  that  there  should  be  but  one  publick  office 
at  which  all  the  business  of  the  adjutant  and  quarter-master-general 
should  be  transacted:     Therefore, 

Sec"  ist  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  office  of  quarter- 
master-general be,  and  the  same  is  hereby  abolished,  and  that  the 
duties  now  required  by  law  to  be  done  by  the  quarter-master- 
general  shall  hereafter  be  done  and  performed  by  the  adjutant  and 
inspector-general;  and  that  all  returns  which  are  now  by  law  re- 
quired to  be  made  to  the  quarter-master-general  shall  hereafter  be 
made  to  the  adjutant  and  inspector-general. 


[CHAPTER  22.] 


State  oj  \ 

New  Hampshire.  \ 


an  act,  to  incorporate  certain  persons  by  the  name  of  the 
Dover  landing  aqueduct  Company. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  64;  recorded  Acts, 
vol.  22,  p.  472.  See  also  Acts  of  July  13,  1855,  Session  Laws,  1855,  Chap. 
1756,  and  July  3,   1873,  id.,  1872-76,  p.  243.] 

Section  ist  Be  it  enacted,  by  the  Senate  and  house  of  Repre- 
sentatives, in  General  court  convened,  that  Nathaniel  W.  Ela, 
Joseph  Smith,  Nathaniel  Young,  Jeremy  Young,  Michael  Read, 
Daniel  M.  Durell,  John  Ham,  Amos  White,  Alphonso  Gerrish, 
Hosea  Sawyer,  James  B  Varney,  and  their  associates  be  and  they 
hereby  are  constituted  and  made  a  body  politic  forever,  by  the  name 
of  the  Dover  landing  aqueduct  Company  for  the  purpose  of  con- 
veying water  by  subterraneous  pipes,  into  that  part  of  the  village 
of  Dover  which  lies  upon  the  northerly  and  easterly  side  of  the 


284  LAWS  OF   NEW   HAMPSHIRE 

Cochecho  river,  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  be  prosecuted,  defend  and  be  defended  to  final  judgment  and 
execution  and  are  hereby  vested  with  all  the  privileges  and  powers 
which  by  Law  are  incident  to  corporations  of  a  similar  nature. 

Sec  2ml  And  be  it  further  enacted,  that  said  corporation  be  and 
the  same  hereby  is  authorized  to  acquire  by  purchase,  or  otherwise 
and  to  hold  and  enjoy  all  such  real  &  personal  estate  as  may  be  nec- 
essary &  convenient  for  the  conveyance  of  water  as  aforesaid,  and 
the  same  may  sell  and  dispose  of  at  pleasure  provided  such  estate 
shall  not  exceed  in  value  the  sum  of  two  thousand,  five  hundred 
dollars. 

Sec  3rd  And  be  it  further  enacted,  that  the  capitol  or  joint  stock 
of  said  corporation  may  be  divided  into  as  many  shares  as  the  pro- 
prietors at  a  legal  meeting  may  think  fit,  which  shares  shall  be 
numbered  in  progressive  order,  and  each  proprietor  shall  have  a 
certificate  under  the  hand  of  the  Treasurer,  expressing  his  number 
of  shares,  and  the  progressive  number  of  each,  and  certifying  that 
he  is  the  owner  thereof,  which  share  or  shares  may  be  alienated 
by  the  proprietor,  thereof,  his  executors  or  administrators,  in  such 
manner  as  said  corporation  may  direct. 

Sec  4th  And  be  it  further  enacted,  that  the  shares  in  said  cap- 
ital or  joint  stock  shall  be  liable  and  holden  for  all  assessments  le- 
gally made  thereon,  and  upon  nonpayment  of  such  assessment  or 
any  part  thereof  for  the  space  of  thirty  days,  after  the  same  shall 
have  become  due  and  payable,  the  Treasurer  may  proceed  in  the 
manner  prescribed  in  the  by  laws  of  said  corporation,  to  sell  at 
public  auction  such  delinquents  shares  or  so  many  thereof  as  may 
be  necessary  to  pay  the  sum  due  thereon  with  incidental  charges. 

Sec  5th  And  be  it  further  enacted,  that  said  corporation  is 
hereby  authorised  and  empowered  to  enter  upon  and  break  up  the 
ground,  and  dig  ditches  &  trenches  in  any  land  and  enclosure,  or  in 
any  street  or  highway  through  which  it  may  be  convenient  for  said 
aqueduct  to  pass,  and  therein  to  place  and  maintain  such  pipes  and 
posts  as  may  be  necessary  for  building  completing  and  maintaining 
said  aqueduct  and  repairing  the  same  when  requisite,  provided  that 
in  case  said  corporation  and  the  owners  of  the  land  through  which 
the  aqueduct  may  pass  shall  not  agree  on  the  compensation  to  be 
made  for  the  damage  done  to  said  land,  the  superior  court  of  Judi- 
cature upon  application  of  said  corporation  or  of  the  owners  of 
said  land,  may  appoint  a  committee  who  shall  estimate  the  damage 
and  make  report  to  said  court  and  if  either  of  said  parties  shall  be 
dissatisfied  with  the  report  of  said  committee,  on  application  to  the 
superior  court,  a  trial  by  Jury,  for  the  purpose  of  assessing  said 
damages  shall  be  had  in  the  same  way  and  manner  as  other  trials 
are  had  at  said  Court,  and  the  said  court  are  authorised  to  render 
judgment  on  said  report  or  verdict  of  Jury  and  issue  execution  ac- 
cordingly, and  provided  also  that  said  streets  and  highways  shall 


LAWS   OF   NEW  HAMPSHIRE  285 

not  be  incumbered  or  injured  by  said  aqueduct  so  as  to  obstruct 
or  hinder  the  citizens  of  said  State  from  passing  therein  with  teams 
and  carriages  with  convenience. 

Sect  6th  And  be  it  further  enacted,  that  Nathaniel  W.  Ela 
Joseph  Smith,  and  Nathaniel  Young  or  any  two  of  them,  may  call 
the  first  meeting  of  said  corporation  to  be  holden  at  some  suitable 
time  and  place  as  they  shall  direct,  by  giving  such  public  notice 
thereof  as  they  may  think  reasonable,  and  the  members  of  said  cor- 
poration at  that  or  any  legal  meeting  by  vote  of  a  majority  of 
those  present  and  represented  allowing  one  vote  in  all  cases  to  each 
share  represented,  may  choose  such  officers  as  may  be  deemed  nec- 
essary, and  prescribe  their  respective  duties,  may  order  assessments, 
and  fix  the  time  of  their  payment,  may  pass  by  laws  for  their  due 
regulation  and  government,  prescribe  rules  for  the  transfer  of  their 
stock,  agree  on  the  manner  of  calling  future  Meetings,  and  may  do 
and  transact  such  other  business,  in  relation  to  the  concerns  of  said 
corporation  as  they  may  see  fit. 


[CHAPTER  23.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  authorize  the  sale  of  parsonage  lands  belonging 
to  the  Congregational  Society  in  Plaistow  in  the  County 
of  Rockingham  to  raise  a  fund  for  the  support  of  the  Gos- 
pel ministry  and  to  appoint  trustees  for  the  management 

THEREOF. 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  65;  recorded  Acts, 
vol.  22,  p.  476.  See  act  of  December  18,  1816,  Laws  of  New  Hampshire, 
vol.  8,  p.  553.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Nathaniel  Clark,  Simeon 
Kelly  Nicholas  White,  Daniel  Harriman  and  Moses  F.  Peaslee  be 
and  hereby  are  appointed  trustees  to  manage  such  funds  as  are  or 
shall  be  raised  and  appropriated,  given  or  bequeathed  for  the  uses 
aforesaid;  and  they  and  their  successors  are  hereby  incorporated 
into  a  body  politic  and  corporate  forever  by  the  name  of  uThe 
trustees  of  the  Ministerial  fund  in  Plaistow";  and  by  that  name 
shall  be  and  hereby  are  made  capable  in  law  to  sue  and  be  sued, 
plead  and  be  impleaded,  defend  and  be  defended  in  any  Court  of 
record  or  any  other  place  whatever;  and  also  to  make,  have  and 
use  a  common  seal  and  the  same  again  at  pleasure  to  break,  alter 
and  renew.  That  said  trustees  and  their  successors  in  office  may 
and  shall  annually  elect  a  Clerk,  who  shall  be  sworn,  and  a  Treas- 


286  LAWS   OF    NEW    HAMPSHIRE 

urer,  who  shall  give  bond  to  the  trustees  in  such  sum  as  the  trustees 
may  consider  adequate  with  sufficient  surety  or  sureties  faithfully 
to  account  for  the  monies  and  all  other  property  he  may  receive 
by  virtue  of  this  act. — 

Sec.  2.  And  be  it  further  enacted  that  said  trustees  be  and 
hereby  are  vested  with  full  power  to  receive  into  their  hands  all  the 
real  and  personal  estate  which  belongs  to  said  Congregational  so- 
ciety, and  all  monies,  subscriptions,  donations,  and  securities  for 
real  and  personal  estate  that  may  hereafter  be  given,  raised  or  sub- 
scribed for  the  purpose  aforesaid;  and  the  said  trustees  and  their 
successors  be  and  hereby  are  authorized  to  sell  and  convey  the 
whole  or  any  part  of  the  real  estate  belonging  to  said  Congrega- 
tional Society,  and  to  make  execute  and  acknowledge  a  good  and 
sufficient  deed  or  deeds  thereof,  which  shall  be  signed  by  their 
Treasurer  and  the  seal  of  said  trustees  thereto  affixed.  Provided 
however  that  in  any  sale  as  aforesaid  the  approbation  of  said  Con- 
gregational Society  shall  be  first  expressed  at  a  legal  meeting  duly 
convened  for  that  purpose. 

Sec.  3.  And  be  it  further  enacted  that  the  number  of  said  trus- 
tees shall  never  be  more  than  five  nor  less  than  three,  a  major  part 
of  whom  shall  constitute  a  quorum  for  transacting  business;  and 
the  inhabitants  of  said  Congregational  Society  at  any  legal  meeting 
duly  warned  for  that  purpose  may  remove  any  of  said  trustees  from 
their  said  office;  and  whenever  any  vacancy  shall  happen  in  said 
board  of  Trustees,  either  by  death,  resignation  or  removal,  the  said 
Congregational  Society  at  a  legal  meeting  duly  warned  for  that  pur- 
pose shall  by  ballot  fill  said  vacancy  within  one  year  after  it  shall 
happen;  otherwise  the  said  trustees  by  a  major  vote  shall  have 
power  to  fill  such  vacancy;  and  the  said  Trustees  shall  annually 
hold  a  meeting  in  the  month  of  March  or  April  and  as  much  oftener 
as  may  be  necessary  to  transact  their  business. 

Sec.  4.  And  be  it  further  enacted  that  said  Trustees  are  hereby 
made  capable  of  holding  as  aforesaid,  real  and  personal  estate  the  in- 
come of  which  shall  not  exceed  six  hundred  dollars  per  annum,  and 
no  part  of  the  capital  of  said  fund  shall  ever  be  expended;  and  said 
trustees  shall  exhibit  to  said  Congregational  society  at  their  annual 
meeting  a  particular  statement  of  all  the  funds  in  their  hands  and 
shall  receive  no  compensation  for  their  services  out  of  said  funds, 
but  may  be  remunerated  for  their  service  by  said  society. 

Sec.  5.  And  be  it  further  enacted  that  it  shall  be  the  duty  of 
said  trustees  to  use  and  improve  the  said  funds  and  estate  with  care 
and  vigilance  so  as  best  to  promote  the  design  thereof;  and  they 
shall  be  amenable  to  the  said  Congregational  Society  for  negligence 
or  misconduct  in  the  management  or  disposition  thereof;  and  the 
said  Congregational  Society  may  have  and  maintain  a  special  action 
on  the  case  against  the  proper  persons  of  said  trustees  or  any  one 


LAWS   OF    NEW   HAMPSHIRE  287 

or  more  of  them  and  his  or  their  goods  and  estate  for  such  negli- 
gence or  misconduct. — 

Sec.  6.  And  be  it  further  enacted,  that  the  income  of  said  fund 
shall  be  applied  exclusively  for  the  support  of  a  Gospel  minister 
of  the  Congregational  denomination. 

Sec.  7.  And  be  it  further  enacted  that  the  income  of  said  fund 
shall  be  expended  exclusively  for  the  support  of  public  worship  as 
well  for  the  use  and  benefit  of  the  members  of  the  North  Parish  in 
Haverhill  in  Massachusetts,  who  usually  worship  with  said  Con- 
gregational society  as  for  said  society,  in  the  same  manner  as  the 
income  of  the  parsonage  land  has  hitherto  been  enjoyed,  under  the 
limitations  and  conditions  mentioned  in  this  act;  provided  however 
that  the  members  of  said  North  Parish  in  Haverhill  shall  pay  their 
just  proportion  of  all  additional  sums  over  and  above  the  income 
of  said  fund,  which  may  be  necessary  for  the  support  of  public 
worship  and  other  parochial  purposes;  And  if  said  North  Parish 
in  Haverhill  shall  by  any  means  acquire  any  funds  for  the  support 
of  public  worship  the  income  of  the  same  shall  be  expended  as  well 
for  the  benefit  of  said  Congregational  Society  in  Plaistow  as  for 
themselves. 

Sec.  8.  And  be  it  further  enacted  that  Moses  F.  Peaslee  Es- 
quire be  and  is  hereby  authorized  to  appoint  the  time  and  place  for 
the  first  meeting  of  said  Trustees  and  shall  notify  them  accordingly, 
and  all  subsequent  meetings  shall  be  notified  in  such  manner  as  said 
Trustees  mav  direct. — 


[CHAPTER  24.] 


State  of  } 

New  Hampshire.  \ 


An  act  establishing  the  times  and  places  of  holding  the  pro- 
bate COURT  WITHIN  AND  FOR  THE  COUNTY  OF  MERRIMACK 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  66;  recorded  Acts, 
vol.  22,  p.  481.  Session  Laws,  1824,  Chap.  28.  See  acts  of  June  28,  1825, 
and  July  5,  1827,  post.] 

Section  i  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  the  Probate  court  within 
and  for  the  County  of  Merrimack  shall  hereafter  be  holden  at  the 
following  times  and  places  in  said  County,  at  Concord  on  the  third 
teusday  of  January  and  on  the  third  teusday  of  August--  at  Salis- 
bury on  the  second  Teusday  of  February  and  the  second  teusday  of 
September —  At  Pembroke  on  the  third  teusday  of  March  and'  on 
the  third  teusday  of  October —  at  Hopkinton  on  the  first  teusday 
of  April,  and  the  last  teusday  of  July —  at  Loudon  on  the  second 


288  LAWS  OF   NEW  HAMPSHIRE 

Teusday  of  May  and  the  second  teusday  of  November;  at  Warner 
on  the  first  teusday  of  June  and  the  third  teusday  of  December, 
and  at  all  such  other,  times  and  places  as  the  Judge  of  probate  for 
the  said  County  may  order  and  appoint 

Sect  2  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  judge  and  register  of  probate,  within  and  for  said  County  of 
Merrimack,  to  attend  at  the  several  times  and  places  mentioned  in 
the  preceding  section  for  holding  said  probate  Court. 


[CHAPTER  25.] 

State  oj  \ 

New  Hampshire.  \ 

An  act  to  incorporate  a  Town  by  the  name  of  Randolph 

[Approved  June  16,  1824.  Original  Acts,  vol.  28,  p.  67;  recorded  Acts, 
vol.  22,  p.  482.     Session  Laws,  1824,  Chap.  29.] 

1 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  court  convened  that  the  tract  of  land  granted 
and  known  by  the  name  of  Durand,  situate  in  the  County  of  Coos, 
shall  hereafter  be  called  and  known  by  the  name  of  Randolph  and 
shall  be  a  Town  by  that  name, 

Sec  2nd  And  be  it  further  enacted,  that  the  inhabitants  of  said 
township  be  and  they  hereby  are  made  a  body  corporate  and  politic, 
with  all  and  the  same  rights  powers,  privileges,  immunities  &  lia- 
bilities of  similar  corporations  in  this  State,  &  that  said  Town  of 
Randolph  shall  remain  classed,  as  at  the  present  time,  for  electing 
a  Representative,  until  otherwise  ordered  by  the  Legislature. 

Sec  3rd  And  be  it  further  enacted,  that  for  the  purpose  of  duly 
organizing  said  town,  a  meeting  of  the  inhabitants,  thereof,  legally 
qualified  to  vote  in  town  affairs,  shall  be  holden  in  said  Town  on 
the  first  teusday  of  September  next,  at  which  meeting  selectmen  & 
other  necessary  officers  may  be  elected,  to  continue  in  office,  until 
others  are  chosen  agreeably  to  the  standing  laws  of  this  State,  and 
that  Joseph  Morse,  Levi  Low  and  Titus,  O,  Brown  Junr  or  any 
two  of  them  be  authorized  to  call  the  first  meeting  of  said  inhab- 
itants by  giving  such  notice  as  is  required  for  annual  town  meet- 
ings. 


laws  of  new  hampshire  289 

[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1824,  June  14. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened  That  the  selectmen  or  the  major  part  of  them,  at  the 
charge  of  the  Town,  parish  or  place,  to  which  they  belong,  shall  transmit 
and  return  an  Inventory  of  the  polls  and  rateable  estates  of  the  several 
Towns,  parishes  and  places,  within  this  State  as  taken  for  the  current 
year,  and  shall  also  return,  distinctly  the  amount  of  the  footing  of  each 
column  of  the  Inventory  taken  in  April  last  year  into  the  Secretarys, 
office  on  or  before  the  tenth  day  of  November  next.  Which  Inventory  shall 
consist  of  all  male  polls  from  eighteen  to  seventy  years  of  age,  except 
such  from  eighteen  to  twenty  one,  as  shall  be  enrolled  in  the  Militia, 
president,  professors,  tutors,  instructors  and  students  of  colleges,  pre- 
ceptors of  Academies,  paupers  and  idiots,  also  of  the  following  articles 
which  each  person  shall  have  been  possessed  of  on  the  first  day  of  April 
last,  viz.  orchard  arable,  mowing  and  pasture  land,  accounting  so 
much  orchard  land  as  will  in  a  common  season  produce  ten  barrels  of 
cider  or  perry  one  acre;  so  much  pasture  land  as  will  summer  a  cow 
four  acres;  and  what  mowing  land  will  produce,  commonly  one  ton  of 
good  english  hay  yearly  or  meadow  hay  in  proportion,  one  acre;  and 
what  arable  or  tillage  land  will  commonly  produce  twenty  five  bushels 
of  corn  yearly,  one  acre;  in  which  is  to  be  considered  all  land  planted 
with  Indian  corn,  potatoes  and  beans,  and  sown  with  grain,  flax  or 
peas,  all  stallions,  or  stud  horses  that  have  been  wintered  three  winters; 
all  other  horses  and  mares  distinguishing  those  that  have  been  win- 
tered, two,  three,  four  and  five  winters;  all  Jacks  that  have  been 
wintered  three  winters;  all  mules,  distinguishing  those  that  have  been 
wintered,  two,  three  and  four  winters;  all  Oxen  distinguishing  those 
that  have  been  wintered  four  and  five  winters;  all  cows  that  have  been 
wintered  four  winters;  all  young  cattle  distinguishing  those  that  have 
been  wintered  two  and  three  winters;  all  mills,  wharves  and  ferries  and 
the  yearly  rent  thereof,  yearly  repairs  thereof  being  first  deducted, 
according  to  the  judgment  of  the  person  taking  the  Inventory  the  sum 
total  of  all  Bank  Stock;  the  sum  total  of  the  Value  of  all  real  Estate 
viz  lands  and  buildings  not  included  in  the  above  mentioned  articles,  ex- 
clusive of  all  toll  bridges,  whether  owned  by  residents  or  nonresidents, 
except  such  as  are  appropriated  to  public  use;  the  sum  total  of  the  value 
of  all  stock  in  trade;  the  sum  total  of  all  money  on  hand,  and  at  Interest 
more  than  the  part}-  pays  interest  for:  That  said  Inventory  taken  as 
above  be  made  agreeable  to  the  following  form 


19 


29O  LAWS   OF    NEW   HAMPSHIRE 


Polls  from  18  to  70  years  of  age  excepting  those  from  18  to  21 
enrolled  in  the  militia  president,  professors,  tutors,  instructors 
&  students  of  colleges,  preceptors  of  Academies,  paupers  and 
idiots 

Acres  of  orchard  land 

Acres  of  arable  land 

Acres  of  mowing  land 

Acres  of  pasture  land 

Stallions  or  Stud  horses  that  have  been  wintered,  three  winters  and 
upwards 

Other  Horses  and  mares  that  have  been  wintered  five  winters 

Other  horses  and  mares  wintired  four  winters 

Other  horses  and  mares  wintered  three  winters 

Horses  and  mares  wintered  two  winters 

Jacks  that  have  been  wintered  three  winters 

Mules,  that  have  been  wintered  four  winters 

Mules  that  have  been  wintered  three  winters 

Mules  that  have  been  wintered  two  winters 

Oxen  wintered  five  winters 

j   Oxen  wintered  four  winters 

All  cows  wintered  four  winters 

|  All  neat  stock  wintered  but  three  winters 

All  neat  stock  wintered  but  two  winters 

Yearly  rent  or  income  of  wharves,  mills  and  ferries,  yearly  repairs 
deducted 

Sum  total  of  all  bank  Stock 

Sum  total  of  the  value  of  all  buildings  and  real  estate,  improved 
and  owned  by  residents  and  non  residents  not  included  in  the  above 

Sum  total  of  the  Value  of  all  stock  in  trade 

Sum  total  of  money  at  interest,  including  stock  in  the  funds  and 
securities  for  any  kind  of  property  at  interest  more  than  interest 
is  paid  for,  and  including  money  on  hand 

Sum  total  of  the  value  of  all  unimproved  lands,  owned  by  residents 
and  nonresidents 

All  chaises,  coaches,  sulkies  and  other  wheeled  carriages  of  pleasure 

That  in  all  cases  where  a  copy  of  the  Inventory  taken  in  April  last, 
cannot  be  had,  every  person  is  required  to  give  in  a  true  and  faithful 
Inventory  of  the  foregoing  articles  belonging  to  him  respectively  on  oath 
or  affirmation  if  required  thereto  by  the  person  or  persons  taking  said 
Inventory,  who  are  hereby  empowered  to  administer  the  same;  and  on  re- 
fusal or  neglect  thereof,  the  person  or  persons  taking  said  Inventory  are  to 
set  down  to  him  or  them  so  refusing  or  neglecting,  so  much  as  in  his  or  their 
judgment  appears  equitable  by  way  of  doomage:  that  the  Selectmen  of  the 


LAWS   OF   NEW  HAMPSHIRE  29 1 

next  oldest  town,  to  the  town,  parish  or  place  where  no  selectmen  are 
chosen,  shall  take  an  inventory  of  such  town,  parish  or  place  or  appoint 
some  person  or  persons  in  said  town,  parish,  or  place  to  do  the  same 
and  return  it  as  aforesaid,  for  which  they  shall  be  paid  adequate 
compensation  out  of  the  treasury,  on  their  account  being  exhibited  and 
allowed  by  the  General  Court.  The  selectmen  shall,  also,  make  return 
of  what  a  single  poll  was  taxed  in  the  last  State  Tax.  That  the  Select- 
men as  aforesaid  likewise  make  returns  of  the  amount  of  taxes  assessed 
for  the  last  and  present  year,  on  any  factory,  for  the  manufacture  of 
Cotton  or  Woolen  goods,  Iron,  salt,  or  Glass  with  the  valuation  of  the 
same,  stating  whether  the  same  were  inventoried  as  mills,  stock  in  trade, 
real  estate  or  otherwise,  and  also  of  the  average  amount  of  the  capital 
stock  of  any  factory,  not  assessed  the  last  year  and  the  present  year, 
nor  either  the  last  or  the  present  year  according  to  their  belief  and 
knowledge:  and  Also,  of  the  value  of  the  buildings  and  Machinery,  dis- 
tinguishing the  amount  and  value  of  each 

[House  Journal,  June  Session,    1824,   p.    114.     Senate  Journal,   June 
Session,  1824,  p.  54.    Original  Acts,  vol.  28,  p.  68.] 


1824,  June  16. 

Whereas  a  good  carriage  road  from  the  town  of  Adams  to  the  town 
of  Durand  in  the  County  of  Coos,  passing  on  the  easterly  side  of  the 
White  Mountains,  would  greatly  promote  the  public  convenience  by  facil- 
itating the  travel  in  that  section  of  the  State,  and  very  much  enhance 
the  value  of  the  public  lands  through  which  said  road  shall  pass;  and 
whereas  the  Inhabitants  of  Lancaster,  Jefferson,  Kilkenny,  Durand, 
Adams,  Bartlett  and  Conway  have  subscribed  about  the  sum  of  one 
thousand  dollars,  payable  in  Labor,  for  the  purpose  of  defraying  in  part 
the  expences  of  making  said  road  and  building  the  necessary  bridges 
thereon,  and  have  given  their  Obligations  therefor  to  Daniel  Pinkham 
of  said  Adams  who  has  undertaken  and  obliged  himself  to  make  said  road, 
and  build  said  bridges;  Therefore,  Resolved  by  the  Senate  and  House  of 
Representatives  in  General  Court  convened,  that  in  consideration,  and 
upon  the  condition  that  the  said  Daniel  Pinkham,  shall  make  or  cause 
to  be  made  and  completed,  the  road  aforesaid,  passing  from  the  settle- 
ments, in  the  Town  of  Adams,  on  the  easterly  side  of  the  White  Moun- 
tains, to  the  settlement  in  the  town  of  Durand,  with  the  necessary  bridges 
thereon,  sufficient  and  safe  for  travelling  carriages  of  every  description, 
at  all  seasons,  of  the  year,  and  shall  within  three  years  from  the 
passing  hereof,  produce,  from  John  Pendexter  junior  John  Wilson,  and 
John  Bowman  esquires,  who  are  hereby  appointed  a  committee  to  examine 
and  accept,  said  road,  a  certificate  that  said  road  is  made  and  com- 
pleted in  manner  aforesaid  and  agreeably  to  the  intentions  of  this  reso- 
lution; there  be  and  hereby  is  granted  to  the  said  Daniel  Pinkham,  his 
heirs  and  assigns,  all  the  lands  belonging  to  and  being  the  property  of 
this  State  situate  and  lying  in  the  town  of  Adams  aforesaid,  and  all  the 
unlocated  lands  belonging  to  and  being  the  property  of  this  State, 
through  which  said  contemplated  road  shall  pass  between  said  towns  of 


292  LAWS  OF   NEW  HAMPSHIRE 

Adams  and  Durand,  adjoining  said  road  and  extending  to  the  distance  of 
one  hundred  and  sixty  rods,  on  each  side  of  the  same 

And  be  it  further  resolved,  that  the  Treasurer  of  this  State  for  the  time 
being  be  and  he  is  hereby  authorised  and  directed  upon  receipt  of  the 
certificate  aforesaid  to  execute  and  deliver  in  behalf  of  said  State  a  deed 
conveying  to  said  Daniel  Pinkham  his,  heirs  and  assigns  all  the  right  title, 
and  Claim  of  this  State  to  the  several  unlocated  parcels  of  land  described 
as  aforesaid. 

[House  Journal,  June   Session,    1824,  p.   240.     Senate  Journal,  June 
Session,  1824,  p.  91.    Original  Acts,  vol.  28,  p.  69.] 


1824,  June  16. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  His  Excellency  the  Governor  be  requested  to  issue  pre- 
cepts to  the  Selectmen  of  the  several  towns,  parishes,  plantations  and 
places  in  this  State,  directing  said  Selectmen  to  notify  in  the  manner 
prescribed  by  law  the  inhabitants  of  said  towns,  parishes,  plantations  and 
places,  qualified  to  vote  in  the  choice  of  Senators  in  the  State  Legislature, 
to  assemble  in  their  respective  towns,  parishes,  plantations  or  places,  on 
the  first  Monday  of  November  next,  to  elect  by  ballot  six  persons  duly 
qualified  for  Representatives  in  the  Nineteenth  Congress  of  the  United 
States. 

[House  Journal,  June  Session,  1824,  p.  253.  Senate  Journal,  June 
Session,  1824,  p.  94.    Original  Acts,  vol.  28,  p.  70.] 


1824,  June  16. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  John  Wilson,  Ephraim  H.  Mahurin  and  Lewis  Loomis,  be, 
and  they  hereby  are  appointed  a  committee  to  ascertain  as  far  as  they 
may  be  able,  without  actual  survey,  the  quantity,  quality  and  value  of 
the  tract  of  land  within  this  State  situate  north  and  east  of  the  land 
granted  to  Dartmouth  College;  the  number  of  settlers  thereon;  the  times 
when  they  severally  commenced  their  settlements;  the  quantity  of  land 
in  their  possession;  the  quality  and  value  thereof;  and  report  to  the  next 
session  of  the  Legislature. 

[House  Journal,  June  Session,  1824,  p.  261.  Senate  Journal,  June 
Session,  1824,  p.  94.    Original  Acts,  vol.  28,  p.  71.] 


LAWS   OF   NEW  HAMPSHIRE  293 


[Second  Session,  Held  at  Concord,  November  17,  18,  19,  20,  22,  23, 
24,  25,  26,  27,  29,  30,  December  1,  2,  3,  4,  6,  7,  8,  9,  10,  11,  13, 
14,  15,  16,  17,  18,  20,  21,  22,  1824.] 

[CHAPTER  1.] 

State  of  \ 

New  Hampshire.  \ 

An  act  authorising  the  field  officers  of  the  fifth  regiment 
to  organise  a  company  of  rifle-men  at  amherst  in  the 
County  of  Hillsborough — 

[Approved  November  27,  1824.  Original  Acts,  vol.  28,  p.  72;  recorded 
Acts,  vol.  22,  p.  484.     Session  Laws,  1824,  Chap.  30.] 

Whereas  it  appears  that  the  field-officers  of  the  fifth  regiment  of 
militia,  are  willing  to  organise  a  company  of  rifle-men  at  Amherst 
within  said  regiment  agreeable  to  an  application  made  to  them  for 
that  purpose — and  whereas  the  permission  of  the  brigadier-general, 
required  by  the  militia  law  of  this  State,  cannot  now  be  obtained 
on  account  of  his  being  under  an  arrest.    Therefore 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  that  the  field-officers  of  the 
fifth  regiment  of  militia  or  the  major  part  of  them,  for  the  time 
being,  may,  if  they  see  fit,  organise  one  company  of  rifle-men  at 
Amherst  in  the  County  of  Hillsborough — which  may  consist  of 
thirty  six  rank  and  file,  to  be  officered  like  the  companies  of  infantry 
and  each  non-commissioned  officer  and  privates  shall  be  armed  with 
a  good  rifle,  and  equipt  as  rifle-men  usually  are  in  actual  service. 

Sec  2  And  be  it  further  enacted;  that  said  company  of  rifle-men 
when  formed  and  organised,  agreeable  to  the  provisions  of  the  first 
section  of  this  act,  shall  be  attached  to  the  fifth  regiment,  and  shall 
be  subject  to  the  same  liabilities  as  if  said  company  had  been  organ- 
ized with  the  consent  of  the  Brigadier  General  of  the  fourth  Bri- 
gade 


294  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  2.] 

State  of  I 

New  Hampshire.  \ 

An  Act  authorizing  the  field  officers  of  any  regiment  with 
the  permission  of  the  brigadier  general  to  organize  com- 
panies of  riflemen. 

[Approved  December  4,  1824.  Original  Acts,  vol.  28,  p.  73;  recorded 
Acts,  vol.  22,  p.  496.     Session  Laws,  1824,  Chap.  36.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  general  court  convened,  that  from  and  after  the  passing 
of  this  act,  the  field  officers  of  any  regiment  may  with  the  consent 
of  the  Brigadier  General  organize  two  companies  of  riflemen  in  their 
respective  regiments  which  may  consist  of  thirty  six  rank  and  file, 
to  be  officered  like  the  companies  of  infantry,  and  each  non-com- 
missioned officer  and  private  shall  be  armed  with  a  good  rifle  and 
shall  be  equipped  as  riflemen  usually  are  in  actual  service. 

[CHAPTER  3.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Rumney  Circulating  Library  Society. 

[Approved  December  4,  1824.  Original  Acts,  vol.  28,  p.  74;  recorded 
Acts,  vol.  22,  p.  497.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Kendall  Osgood,  Samuel 
Burnham  and  George  Burns  and  their  associates  and  all  who  may 
hereafter  be  associated  with  them,  be  and  they  hereby  are  incor- 
porated into  and  made  a  body  politic  and  corporate  by  the  name 
and  style  of  the  Rumney  Circulating  Library  Society  subject  to  all 
the  liabilities  and  with  all  the  privileges  incident  to  corporations  of 
a  like  nature. 

Sect.  2.  And  be  it  further  enacted,  that  Kendall  Osgood,  Samuel 
Burnham  and  George  Burns  or  any  two  of  them  be  and  they  hereby 
are  authorized  and  empowered  to  call  the  first  meeting  of  the  pro- 
prietors at  such  time  and  place  in  said  Rumney  as  may  be  judged 
proper  by  posting  up  notifications  of  the  time  and  place  at  two  of 
the  most  public  places  in  said  town  of  Rumney  fifteen  days  before 
the  time  of  holding  said  meeting  at  which  meeting  said  proprietors 
may  elect  such  officers  and  transact  such  business  as  may  be  nec- 
essary. 


LAWS   OF    NEW    HAMPSHIRE  295 

[CHAPTER  4.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Candia  Literary  Library  Society. 

[Approved  December  6,  1824.  Original  Acts,  vol.  28,  p.  7?;  recorded 
Acts,  vol.  22,  p.  485.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court,  convened,  that  Isaiah  Lane,  Daniel  Fitts, 
Junior,  and  Frederic  Fitts  and  their  associates  and  successors,  pro- 
prietors of  said  Library,  are  hereby  incorporated  by  the  name  of  the 
Candia  Literary  Library  Society,  with  continuance  and  succession 
forever,  and  in  that  name  may  sue  and  be  sued,  prosecute  and  de- 
fend to  final  judgment  and  execution,  and  are  hereby  vested  with  all 
the  powers  and  privileges  and  subject  to  all  the  liabilities  incident 
to  corporations  of  a  similar  nature. 

Sect.  2.  And  be  it  further  enacted,  that  Isaiah  Lane,  Daniel  Fitts 
Junior  and  Frederic  Fitts  before  named,  or  any  two  of  them,  may 
call  the  first  meeting  of  said  proprietors,  at  such  time  and  place  in 
said  Candia,  as  may  be  judged  proper  by  posting  up  a  notification 
of  the  time  and  place  of  holding  said  meeting,  at  the  Congregational 
meeting  house  in  said  Candia,  and  at  some  other  public  place 
therein,  at  least  fifteen  days  before  the  time  of  holding  said  meeting; 
at  which  meeting  the  proprietors  may  transact  all  necessary  busi- 
ness. 

[CHAPTER  5.] 

State  of  } 

New  Hampshire.  \ 

Ax  Act  to  incorporate  the  Wentworth  Instrumental  Music 
Band. 

[Approved  December  6,  1824.  Original  Acts,  vol.  28,  p.  76;  recorded 
Acts,  vol.  22,  p.  487.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  True  Stevens,  Newel  Stanyan 
and  John  Stevens  and  their  associates  and  successors  be  and  hereby 
are  created  a  corporation  by  the  name  of  the  Wentworth  Instru- 
mental Music  Band,  with  power  to  take  and  hold  personal  estate 
to  an  amount  not  exceeding  five  hundred  dollars,  and  with  all  other 
powers,  rights,  privileges  and  immunities  (except  that  of  holding' 
real  estate )  which  are  by  law  incident  to  similar  corporations. 


296  LAWS   OF    NEW   HAMPSHIRE 

Sect.  2.  And  be  it  further  enacted,  that  True  Stevens  hereby 
is  appointed  and  authorized  to  call  the  first  meeting  of  said  corpora- 
tion by  giving  to  each  member  thereof  a  notice  in  writing  of  the 
time  and  place  of  holding  the  same. 


[CHAPTER  6.] 

State  of         I 
New  Hampshire.  \ 

An  act  to  Incorporate  certain  persons  by  the  name  of  the 
Proprietors  of  Amoskeag  Bridge. 

[Approved  December  6,  1824.  Original  Acts,  vol.  28,  p.  77;  recorded 
Acts,  vol.  22,  p.  488.  See  also  acts  of  June  16,  1792,  Laws  of  New  Hamp- 
shire, vol.  6,  p.  13;  December  15,  1796,  id.,  p.  375;  June  19,  1817,  id.,  vol.  8, 
p.  605,  and  July  1,  1819,  id.,  p.  825.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonas,  B,  Bowman, 
Robert  Hall,  William  P,  Riddle,  and  John  Ray,  and  their  associates, 
and  successors,  be  and  they  are  hereby  constituted  and  made  a  body 
corporate  by  the  name  and  style  of  the  proprietors  of  Amoskeag 
Bridge,  and  in  that  name  may  sue,  and  be  sued,  plead  and  be  im- 
pleaded, prosecute  and  defend  to  final  judgment  and  Execution,  and 
be  known  and  distinguished  in  their  acts  and  proceedings,  and  in  all 
cases  whatever,  and  they  are  hereby  vested  with  all  the  powers  and 
privileges  which  are  by  Law  incident  to  corporations  of  a  similar 
nature. 

Sec.  2'"'  And  be  it  further  enacted,  That  the  said  proprietors, 
are  hereby  authorized  and  empowered  to  construct  and  build  a 
bridge  over  and  across  Merrimac  River  at  the  foot  of  Amoskeag 
Falls,  at  or  near  the  place  where  the  old  Bridge  stood,  and  the  same 
to  keep  in  repair,  and  from  time  to  time  rebuild;  and  for  this  pur- 
pose the  said  proprietors  are  authorized  to  purchase  and  hold  so 
much  land  as  may  be  necessary  for  their  use  and  accommodation, 
not  exceeding  ten  acres,  and  the  same  may  sell,  exchange,  or  convey 
at  pleasure. 

Sec  3rd  And  be  it  further  enacted,  That  Jonas.  B  Bowman, 
Robert  Hall,  and  William  P.  Riddle,  or  any  two  of  them  may  call 
the  first  meeting  of  said  proprietors,  by  posting  up  a  notification 
therefor  at  Piscataquog  village  in  Bedford,  and  some  suitable  place 
in  Goffstown,  at  least  fifteen  days  prior  to  said  meeting,  or  by  giving 
at  least  ten  days  personal  notice  of  the  time,  place,  and  design  of 
said  meeting,  and  by  publishing  a  similar  notice  in  the  New  Hamp- 
shire Patriot  and  State  Gazette  printed  in  Concord,  in  the  County 
of  Merrimac,  three  weeks,  successively,  previous  to  said  meeting,  at 


LAWS  OF   NEW   HAMPSHIRE  297 

which  meeting,  the  said  proprietors  may  choose  a  Clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  the  duties  of  his  Office;  may 
agree  on  the  manner  of  calling  future  meetings;  and  at  the  same, 
or  any  subsequent  meeting,  the  said  proprietors  may  elect  all  nec- 
essary officers,  and  agents,  and  prescribe  their  duties;  shall  divide 
their  capital  or  joint  stock  into  one  hundred  shares,  and  agree  on 
the  manner  of  transferring  them;  may  order  assessments,  and  fix  the 
time  of  their  payment;  may  pass  by  laws  not  repugnant  to  the  laws 
of  the  State,  for  their  regulation  and  government,  and  do  and  trans- 
act any  business  necessary  to  carry  into  effect  the  object  of  their 
association.  All  questions  shall  be  determined  by  a  majority  of 
votes,  accounting  one  vote  to  each  share;  and  absent  proprietors 
may  vote  by  proxy,  being  authorized  in  writing  signed  by  the  per- 
son represented,  and  filed  with  the  Clerk. 

Sec  4th  And  be  it  further  enacted,  That  for  the  purpose  of  reim- 
bursing said  proprietors,  the  money  by  them  expended,  in  building 
and  keeping  said  Bridge  in  repair,  a  toll  be  and  hereby  is  granted 
and  established  of  the  rates  following,  that  is  to  say:  For  every  foot 
Passenger,  one  cent;  for  every  Horse  and  rider  or  led  horse  six 
cents:  for  every  cart  or  waggon,  with  one  horse  or  one  yoke  of  oxen 
twelve  cents:  and  for  every  additional  horse  or  yoke  of  oxen  four 
cents;  for  every  Chaise,  or  other  carriage  of  pleasure  with  one  horse, 
twelve  and  one  half  cents;  and  for  each  additional  horse  four  cents; 
for  every  sleigh  or  sled  with  one  horse  or  one  yoke  of  oxen  eight 
cents;  and  for  each  additional  horse  or  yoke  of  oxen  three  cents; 
for  horses  and  mules  in  droves  three  cents  each;  for  neat  cattle  in 
droves  two  cents  each;  and  for  sheep  and  swine  in  droves  one  half 
cent  each.  And  the  toll  gatherer  appointed  by  said  proprietors, 
shall  have  a  right  to  stop  all  persons  from  passing  said  bridge,  with 
their  cattle,  teams  or  carriages  and  to  detain  them  until  said  toll  be 
paid  or  tendered;  and  at  all  times  when  the  toll  gatherer  does  not 
attend  his  duty  the  gate  shall  be  left  open. 

Sec,  5.  And  be  it  further  enacted,  That  the  shares  in  said  corpo- 
ration shall  be  holden  and  liable  for  all  assessments  duly  made 
thereon,  and  upon  the  nonpayment  thereof  within  the  time  fixed  for 
their  payment,  the  said  shares  may  be  sold  at  public  vendue,  or  so 
many  of  them  as  will  be  necessary  to  pay  such  assessments  with  in- 
cidental charges  under  such  regulations  as  the  said  proprietors  in 
their  by  laws  shall  prescribe. 

Sec  6.  And  be  it  further  enacted,  That  after  the  expiration  of 
five  years  from  the  completion  of  said  Bridge,  upon  the  application 
of  said  proprietors,  or  of  any  other  person  or  persons,  the  Justices 
of  the  superior  Court  of  Judicature  at  any  session  of  said  Court  in 
and  for  the  County  of  Hillsborough,  upon  the  examination  of  the 
account  of  expenses  incurred  by  said  proprietors  in  building  and 
keeping  said  bridge  in  repair,  and  the  account  of  tolls  by  them  re- 
ceived for  passing  the  same,  may  alter  the  aforesaid  rates  of  toll  by 


298  LAWS   OF   NEW  HAMPSHIRE 

increasing  or  diminishing  them  in  such  manner  that  said  proprietors 
shall  never  receive  more  than  twelve  per  centum  on  the  amount  of 
the  expence  of  building  and  repairing  said  bridge. 

Sec  7.  And  be  it  further  enacted,  That  unless  said  proprietors 
proceed  to  build  and  complete  a  bridge  as  aforesaid,  within  the 
term  of  two  years  next  following  the  passage  of  this  act,  they  shall 
cease  to  receive  the  benefit  thereof,  and  the  powers  and  privileges 
herein  granted  to  them  shall  revert  to  Olney  Robinson  and  Fred- 
erick G.  Stark,  and  their  associates,  who  are  hereby  authorized  to 
organize  under  this  act,  and  to  erect  a  Bridge  across  said  river  at 
any  place  on  Amoskeag  falls,  and  to  have  and  receive  the  benefit 
of  this  act  as  fully  as  the  aforesaid  grantees  would  have  done  had 
they  proceeded  to  erect  said  Bridge,  provided  they  build  and  com- 
plete said  Bridge  within  four  years  from  the  passing  of  this  act. 


[CHAPTER  7.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  Jonathan  C.  Everett  and  his  associ- 
ates, WITH  THE  EXCLUSIVE  RIGHT  AND  PRIVILEGE  OF  CUTTING  A 

canal  and  constructing  locks  and  slips  from  wlnnipisio- 
gee  Lake  to  Sandbornton  Bay. 

[Approved  December  6,  1824.  Original  Acts,  vol.  28,  p.  78;  recorded 
Acts,  vol.  22,  p.  491.  See  also  acts  of  June  19,  1812,  Laws  of  New  Hamp- 
shire, vol.  8,  p.  122,  and  July  7,  1827,  post.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Jonathan  C.  Everett,  Daniel 
Avery,  Dudley  Ladd,  George  L.  Sibley,  and  Stephen  C.  Lyford,  with 
those  who  are  or  shall  become  proprietors  with  them  in  the  priv- 
ileges aforesaid,  so  long  as  they  shall  continue  proprietors  thereof, 
shall  be  a  corporation  and  body  politic  under  the  name  of  "The 
Proprietors  of  the  Winnipisiogee-river  Canal"  and  in  that  name  may 
sue  and  be  sued,  prosecute  and  be  prosecuted  to  final  judgment  and 
execution  and  shall  be  and  hereby  are  invested  with  all  the  powers 
and  privileges  which  by  law  are  incident  to  corporations  of  a  similar 
nature. 

Sect.  2.  And  be  it  further  enacted,  that  the  proprietors  shall  at 
any  legal  meeting  to  be  warned  and  holden  as  they  shall  agree,  have 
power  to  make  and  establish  such  rules  and  by-laws  as  to  them  shall 
seem  necessary  and  convenient  for  the  regulation  and  government 
of  said  corporation  for  carrying  into  effect  the  purposes  aforesaid 
and  for  collecting  the  tolls  hereinafter  granted;  and  the  same  rules 
and  by-laws  may  cause  to  be  executed  and  may  annex  penalties  to 


LAWS   OF   NEW   HAMPSHIRE  299 

the  breach  thereof,  provided  such  rules  and  by-laws  are  not  repug- 
nant to  the  constitution  and  laws  of  this  State.  And  all  representa- 
tions at  any  meeting  of  said  corporation  shall  be  proved  in  writing 
by  the  person  said  to  be  represented,  which  shall  be  filed  by  the 
Clerk  who  shall  be  elected  by  said  proprietors;  and  this  act  and  all 
rules  and  by-laws,  regulations  and  proceedings  of  said  corporation 
shall  be  fairly  and  truly  recorded  by  the  said  clerk  in  a  book  or 
books  to  be  kept  for  that  purpose. 

Sect.  3.  And  be  it  further  enacted,  that  the  proprietors  afore- 
said be  and  they  are  hereby  authorized  and  permitted  to  open  a 
canal  and  lock  all  the  falls  between  the  said  Winnipisiogee  Lake 
and  the  said  Sandbornton  Bay  in  such  route  and  direction  as  in  the 
best  of  their  judgment  shall  be  most  eligible  for  the  aforesaid  pur- 
pose. 

Sect.  4.  And  be  it  further  enacted,  that  said  proprietors  be  and 
they  hereby  are  authorized  to  purchase  any  lands  contiguous  to  said 
canal  necessary  for  the  purposes  of  the  incorporation  and  hold  the 
same  in  fee  simple  and  any  share  or  shares  of  any  individual  may 
be  transferred  by  deed  duly  acknowledged  and  recorded  by  the 
Clerk  of  said  proprietors  on  their  records. 

Sect.  5.  And  be  it  further  enacted,  that  if  said  proprietors  and 
owners  of  land  through  and  upon  which  said  canal  may  be  cut  and 
said  locks  and  slips  constructed  shall  disagree  on  the  compensation 
to  be  made  for  the  land  necessary  to  be  appropriated  for  that  pur- 
pose and  shall  not  agree  in  appointing  persons  to  ascertain  such 
compensation,  the  Justices  of  the  Superior  Court  of  Judicature,  upon 
the  application  of  the  said  proprietors  or  the  owners  of  the  land,  rea- 
sonable notice  having  been  first  given  to  the  adverse  party,  shall 
appoint  a  committee,  who  shall  ascertain  the  same  in  the  same  way 
that  compensation  is  made  to,  the  owners  of  lands  for  highways  as 
usually  laid  out;  Provided  nevertheless  that  it  shall  not  be  lawful 
for  the  said  proprietors  to  open  said  canal  and  erect  locks  and  slips 
as  aforesaid  until  the  damage  which  may  be  done  to  the  owner  or 
owners  of  land  through  and  over  which  the  same  is  to  be  opened 
and  erected  is  ascertained  and  actually  paid,  or  tender  thereof  made. 

Sect.  6.  And  be  it  further  enacted,  that  for  the  purpose  of  reim- 
bursing the  proprietors  aforesaid  for  cutting  and  opening  said  canal 
and  locking  the  same  a  toll  be  and  hereby  is  granted  for  all  goods, 
wares,  merchandise,  and  lumber  that  may  be  transported  through 
said  canal  from  the  waters  of  the  said  Lake  Winnipisiogee  to  the 
said  Sandbornton  Bay  and  also  from  said  bay  to  said  lake  and  for 
any  intermediate  distance  between  the  said  lake  and  bay  at  such 
rates  as  shall  be  established  by  the  Superior  Court  on  application 
to  them  by  the  proprietors  aforesaid  after  the  said  canal  or  any 
part  thereof  shall  have  been  made  navigable. 

Sect.  7.  And  be  it  further  enacted,  that  for  the  collection  of  the 
toll  established  as  aforesaid  as  well  as  for  the  purpose  of  assisting  in 


3°°  LAWS   OF    NEW   HAMPSHIRE 

the  conducting  of  boats,  lumber  &c  through  the  several  locks  and 
slips  pertaining  to  said  canal,  there  shall  be  constantly  in  readiness 
at  said  locks  and  slips,  or  such  of  them  as  shall  be  necessary,  a 
proper  person  or  persons,  who  shall  always  attend  his  or  their  duty 
therein  during  the  season  in  which  said  canal  shall  be  in  use: — Pro- 
vided, that  if  said  canal  is  not  finished  or  the  fall  in  any  place  com- 
pleted so  far  as  to  convey  and  reconvey  any  and  every  article  proper 
to  be  transported  through  the  same  within  five  years  from  the  pass- 
ing of  this  act,  the  same  shall  be  considered  void. 

Sect.  8.  And  be  it  further  enacted,  that  Jonathan  C.  Everett 
Daniel  Avery  and  Dudley  Ladd  or  any  two  of  them  may  call  the 
first  meeting  of  said  corporation  by  giving  personal  notice  in  writ- 
ing to  each  proprietor  at  leasf  fifteen  days  prior  to  the  day  of  meet- 
ing. 

Sect.  9.  And  be  it  further  enacted  that  this  act  shall  be  and 
hereby  is  declared  to  be  a  public  law  and  as  such  shall  be  given  in 
evidence  in  all  cases  whatever. 


[CHAPTER  S.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  disannex  a  certain  piece  of  land  herein  described 
from  the  town  of  east  kingston  and  to  annex  it  to  the 
town  of  South  Hampton. 

[Approved  December  6,  1824.  Original  Acts,  vol.  28,  p.  79;  recorded 
Acts,  vol.  22,  p.  495.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  a  certain  part  of  the  farm  of 
Richard  Fitz  of  East  Kingston  in  the  County  of  Rockingham,  con- 
taining about  two  acres  bounded  westerly  on  land  of  John  Pilsbury, 
northerly  and  easterly  on  a  public  highway  and  southerly  on  land  of 
the  said  Richard  Fitz  be  disanexed  from  the  said  town  of  East 
Kingston  and  annexed  to  the  town  of  South  Hampton  in  said 
County. 

Sect.  2.  And  be  it  further  enacted  that  the  said  Richard  Fitz 
shall  be  liable  to  do  the  same  duties  and  shall  enjoy  the  same  priv- 
ileges as  the  other  inhabitants  of  the  said  town  of  South  Hampton, 
and  shall  be  subjected  to  the  payment  of  all  taxes  legally  assessed 
on  him  in  the  aforesaid  town  of  East  Kingston  prior  to  the  passage 
of  this  act. — 


LAWS  OF   NEW   HAMPSHIRE  3or 

[CHAPTER  9.] 

State  oj  I 

New  Hampshire.  \ 

An  act  to  alter  the  names  of  certain  persons  therein  men- 
tioned 

[Approved  December  10,  1824.  Original  Acts,  vol.  28,  p.  80;  recorded 
Acts,  vol.  22,  p.  .499-] 

Sec.  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Josiah  Smith  of  Sandwich 
may  assume  the  name  of  George  Washington  Smith  and  shall  here- 
after be  called  and  known  by  that  name. 

Hiram  Ellingwcod  of  Lempster  may  assume  the  name  of  Hiram 
Clark  and  shall  hereafter  be  called  and  known  by  that  name; 
Stephen  Abbot  Buss  of  Dunstable  may  assume  the  name  of  Stephen 
Abbot,  and  shall  hereafter,  be  called  and  known  by  that  name. 
Isaac  McDuffee  of  Rochester,  may  assume  the  name  of  Isaac 
Springfield  and  his  family,  viz,  his  wife  Sally,  and  his  children, 
Drusilla  and  Isaac  W.  may  severally  assume  the  surname  of  Spring- 
field, and  shall  hereafter  be  called  and  known  bv  that  name. 

Nathaniel  Leavitt  of  Lancaster  may  assume  the  name  of 
Nathaniel  Gilman  and  his  family,  consisting  of  Shared,  Ansel.  Ralph 
Erastus.  Sophronia,  Orpha,  and  Hannah,  may  severally  assume  the 
surname  of  Gilman  and  shall  hereafter  be  called  and  known  by  that 
name. 

Robert  Hogg  of  Springfield  may  assume  the  name  of  Robert 
Church  and  his  family,  consisting  of  Robert,  Huldah,  Margary, 
Lucy,  Horace,  Daniel  Erastus  and  Loranzo  may  severally  assume 
the  name  of  Church,  and  shall  hereafter  be  called  and  known  by 
that  name 


[CHAPTER  10.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  disannex  the  town  of  Pelham  from  the  County  of 
Rockingham  and  to  annex  the  same  to  the  County  of 
Hillsborough 

[Approved  December  10,  1824.  Original  Acts,  vol.  28,  p.  81;  recorded 
Acts,  vol.  22,  p.  500.  Session  Laws,  1824,  Chap.  39.  Repealed  by  act  of 
January  2,  1829,  post.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened:  That  the  town  of  Pelham.  now  constitut- 
ing a  part  of  the  County  of  Rockingham,  be  disannexed  from  said 


J02  LAWS   OF   NEW   HAMPSHIRE 


County,  and  that  said  town  be  and  hereby  is  annexed  to  and  here- 
after made  a  part  of  the  County  of  Hillsborough: 

Provided,  that  all  county  taxes  now  assessed,  or  ordered  to  be 
assessed  upon  said  town  as  part  of  the  County  of  Rockingham,  shall 
be  collected  and  paid  into  the  treasury  of  said  County 


[CHAPTER  11.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  incorporate  Abraham  Shaw,  Andrew  W.  Bell, 
William  Shaw  and  their  associates  by  the  name  of  the 
Portsmouth  Distillery  and  Central  Wharf  Company. 

[Approved   December    10,    1824.     Original   Acts,  vol.  28,  p.   82;    recorded 
Acts,  vol.  22,  p.  501.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Abraham  Shaw,  Andrew  W. 
Bell,  William  Shaw  and  their  associates  and  those  who  may  here- 
after become  associates  in  said  corporation,  their  successors  and 
assigns  so  long  as  they  shall  continue  proprietors  thereof  shall  be 
and  are  hereby  created  and  made  a  corporation  by  the  name  of  the 
Portsmouth  Distillery  and  Central  Wharf  Company  with  power  to 
manage  and  carry  on  the  business  of  distillers  and  wharfingers  and 
with  all  the  rights  and  privileges  incident  to  similar  corporations; 
and  by  this  name  shall  be  and  hereby  are  made  capable  in  law  to 
sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be  defended 
in  any  court  of  record  or  any  other  place  whatever;  and  also  to 
make,  have  and  use  a  common  seal,  and  the  same  again  at  pleasure 
to  break,  alter  and  renew;  and  also  to  ordain,  establish  and  put  in 
execution  such  by  laws,  ordinances  and  regulations  as  to  them  may 
appear  necessary  and  convenient  for  the  government  of  said  cor- 
poration and  the  prudent  management  of  their  affairs;  provided 
such  by  laws,  ordinances  and  regulations  shall  in  no  wise  be  contrary 
to  the  laws  and  constitution  of  this  State. 

Sect.  2.  And  be  it  further  enacted,  that  Abraham  Shaw,  Andrew 
W.  Bell,  and  William  Shaw  or  any  two  of  them  may  call  a  meeting 
of  said  corporation  by  advertisement  in  the  New  Hampshire  Ga- 
zette, to  be  holden  at  any  suitable  time  and  place  after  seven  days 
from  the  first  publication  of  said  advertisement;  and  the  proprie- 
tors by  a  vote  of  the  majority  of  those  present  shall  choose  a  clerk 
and  at  the  same  or  any  subsequent  meeting  may  elect  such  other 
officers  and  establish  such  by  laws,  rules  and  regulations  as  may  be 
required  for  the  well  ordering  the  affairs  of  said  corporation,  and 
may  in  conformity  to  the  same  make  such  assessments  as  may  be 


LAWS  OF   NEW   HAMPSHIRE  3°3 

found  necessary  for  accomplishing  the  object  of  this  act,  and  the 
same  may  collect  by  the  sale  of  the  shares  of  delinquent  proprietors. 
And  at  the  meetings  of  said  corporation  all  questions  shall  be  deter- 
mined by  a  majority  of  the  votes  of  the  proprietors  present  or  rep- 
resented, allowing  one  vote  for  each  share,  absent  members  to  vote 
by  proxy  being  authorized  in  writing. — 

Sect.  3.  And  be  it  further  enacted  that  the  corporation  afore- 
said are  hereby  authorized  to  purchase  and  hold  real  and  personal 
estate  to  an  amount  not  exceeding  twenty  thousand  dollars. 

Sect.  4.  And  be  it  further  enacted,  that  the  said  corporation 
shall  not  employ  their  corporate  property  for  any  other  purposes 
than  those,  which  usually  come  within  the  business  of  distillers  and 
wharfingers. 


[CHAPTER  12.] 


State  of         ] 
New  Hampshire.  \ 


An  Act  to  establish  a  corporation  by  the  name  of  the  First 
Fire-Engine  Company  in  Winchester. 

[Approved  December  10,  1824.  Original  Acts,  vol.  28,  p.  83;  recorded 
Acts,  vol.  22,  p.  504.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Abner  Stearns,  David  Ball, 
Luther  Gilson  and  Samuel  Fairbanks,  their  associates  and  suc- 
cessors be  and  they  hereby  are  incorporated  and  made  a  body  politic 
by  the  name  and  style  of  the  First  Fire-Engine  Company  in  Win- 
chester and  by  that  name  may  sue  and  be  sued  and  prosecute  and 
defend  to  final  judgment  and  execution  and  be  known  and  distin- 
guished in  all  their  acts  and  proceedings  and  they  are  hereby  vested 
with  all  the  powers  and  privileges  and  subjected  to  all  the  liabilities 
incident  to  corporations  of  a  similar  nature. 

Sect.  2.  And  be  it  further  enacted  that  said  corporation  be  and 
hereby  is  authorized  and  empowered  to  purchase  and  hold  real  and 
personal  estate  for  the  purposes  of  their  association  to  any  amount 
not  exceeding  one  thousand  dollars  and  the  same  may  sell  convey 
and  dispose  of  at  pleasure. 

Sect.  3.  And  be  it  further  enacted,  that  Abner  Stearns,  David 
Ball,  Luther  Gilson  or  any  two  of  them  may  call  the  first  meeting 
of  said  company  at  any  suitable  time  and  place  at  Winchester  in 
the  county  of  Cheshire  by  giving  to  the  members  thereof  at  least 
three  days  personal  notice  of  the  time,  place  and  design  of  said 
meeting,  at  which  meeting  the  said  members  may  do  and  transact 
any  business  necessary  to  carry  into  effect  the  purposes  intended  by 
this  act. — 


304  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  13.] 

State  of  ( 

New  Hampshire.  \ 

An  act  to  incorporate  a  Company  by  the  name  of  the  Graf- 
ton Canal  Company. 

[Approved  December  10,  1824.  Original  Acts,  vol.  28,  p.  84;  recorded 
Acts,  vol.  22,  p.  505.     See  act  of  July  7,  1827,  post.~\ 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  John  McDuffee,  Ezra  Bart- 
lett  and  Caleb  Keith  and  their  associates  and  successors  forever, 
be,  and  are  hereby  incorporated  and  made  a  body  corporate  and 
politic  by  the  name  of  the  Grafton  Canal  Company  and  in  and  by 
that  name  may  sue  and  be  sued,  implead  and  be  impleaded  to  final 
Judgment  and  execution: — may  have  a  common  seal  and  the  same 
alter  at  pleasure;  may  make  such  rules  and  by-laws,  as  are  incident 
to  Corporations,  and  not  repugnant  to  the  Laws  of  this  State,  which 
may  be  necessary  and  convenient  for  the  government  of  said  Cor- 
poration, may  purchase,  hold,  and  convey,  as  occasion  may  require 
real  and  personal  estate,  in  fee-simple,  to  them  and  their  successors 
forever,  to  any  amount  necessary  to  carry  into  complete  effect,  the 
object  of  said  Corporation,  not  exceeding  Five  Hundred  Thousand 
Dollars. 

Sec  2  And  be  it  further  enacted  that  the  said  John  McDuffee 
Ezra  Bartlett  and  Caleb  Keith,  or  any  two  of  them,  be  authorised 
to  call  the  first  meeting  of  said  Corporation,  by  advertising  the  ob- 
ject of  said  meeting  and  the  time  and  place  of  holding  the  same  in 
the  New  Hampshire  Intelligencer,  a  paper  printed  in  Haverhill  in 
said  state,  or  by  written  notifications  posted  up  in  the  towns  of 
Haverhill  and  Wentworth,  thirty  days  before  the  day  of  holding 
said  meeting: — at  which  time  they  shall  choose  a  Clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  also  such  other 
officers  as  may  be  thought  proper,  all  of  which  are  to  hold  their 
offices  during  one  year  and  until  others  are  chosen,  at  which  meeting 
they  may  agree  on  the  method  of  warning  their  future  meetings; 
divide  the  stock  in  any  number  of  shares  they  may  think  best,  deter- 
mine the  mode  of  transferring  said  shares  and  make  assessments 
on  the  same,  all  votes  to  be  counted  by  a  majority,  counting  one 
vote  for  each  share,  and  all  absent  members  may  vote  by  proxy, 
duly  authorised  in  writing,  whose  name  as  such  shall  be  entered 
on  the  Clerk's  book 

Sec  3.  And  be  it  further  enacted  that  said  proprietors  be,  and 
they  hereby  are  authorised  and  empowered  to  construct  erect,  make 
and  maintain  canals,  locks  slips  tow-paths  and  rail-ways  necessary 
for  the  passage  of  boats  rafts  or  any  other  thing,  on  or  through  any 


LAWS  OF   NEW  HAMPSHIRE  3°5 

of  the  waters  or  lands,  or  both  and  in  any  such  place  or  places  as 
they  may  deem  best  and  most  practicable  for  the  purposes  afore- 
said, on  the  following  rout  between  Pemigewasset  River  and  Con- 
necticut river  beginning  at  the  end  of  the  grant  of  a  Canal  to  Phin- 
ehas  Walker  and  others,  made  from  Winnipiseogee  Lake  through 
Squam  Ponds  to  Pemigewasset  River  at  Plymouth. — thence  up 
Pemigewasset  River  and  Bakers  River  through  Wentworth  to  Con- 
necticut River,  where  it  may  be  most  practicable  for  making  said 
Canal  and  in  such  portions  of  said  rout  as  the  said  Corporation  may 
think  expedient:  that  said  Corporation  may  clear  obstructions  out 
of  the  present  water  courses  so  as  to  render  them  navigable  for 
boats,  rafts  or  any  other  thing  also  may  purchase  or  take  any  clay, 
wood  stone  or  any  other  articles  contiguous  to  said  Canal  and  nec- 
essary for  making  the  same,  securing  to  the  owner  or  owners  thereof 
his  or  their  full  compensation  for  the  same,  as  is  hereafter  men- 
tioned, Also  said  Corporation  are  hereby  authorised  to  make  use  of 
Tarlton's  Ponds,  in  Piermont  otherwise  called  Eastmans  Ponds  as 
Reservoirs  of  water  and  to  take  water  therefrom  to  fill  the  upper 
locks  of  said  Canal;  Also  to  turn  streams  of  water  contiguous  to 
said  Canal  from  their  natural  courses  for  the  purpose  of  supplying 
said  locks  with  water — said  Corporation  paying  in  all  cases  to  any 
individual  that  may  be  injured  thereby,  his  real  damage  to  be  as- 
certained, if  not  agreed  on  by  the  parties,  by  the  Board  of  Com- 
missioners, in  this  act  hereafter  constituted. 

Sec  4  And  be  it  further  enacted  that  before  the  proprietors  of 
said  Corporation  enter  into  any  lands  or  take  possession  of  any 
Stresm  or  Ponds  of  water  by  vertue  of  this  act,  it  shall  be  the  duty 
of  said  Corporation  to  apply  to  the  Judges  of  the  Superior  Court  of 
this  State,  while  in  Session  in  the  County  of  Grafton  to  appoint  three 
disinterested  persons  as  a  Board  of  Commissioners  to  liquidate  and 
adjust  all  claims  for  damages  made  upon  said  Corporation  by  any 
person  or  persons,  whose  property  or  rights  may  be  infringed  upon 
by  said  Corporation,  in  the  prosecution  of  their  purpose  aforesaid, 
said  Corporation  are  to  give  public  notice  of  their  design  to  apply 
to  said  Court,  for  the  appointment  of  said  Commissioners,  by  post- 
ing up  a  notice  in  writing,  in  the  most  public  place  in  each  town, 
through  which  said  Canal  may  pass,  at  least  thirty  days  before  the 
sitting  of  said  Court,  and  the  Clerk  of  said  Court  shall  make,  a 
record  of  the  names  of  the  three  Commissioners,  appointed  as  afore- 
said, and  keep  a  record  of  the  names  of  all  Commissioners,  there- 
after appointed  by  said  Court — any  two  of  said  Commissioners  shall 
constitute  a  Quorum  for  transacting  business,  and  said  Commission- 
ers shall  hold  their  offices  five  years  from  the  time  of  their  appoint- 
ment, or  until  said  Canal  is  completed,  unless  sufficient  cause  shall 
be  shown  to  said  Court  for  their  removal,  or  that  any  vacancy  shall 
happen  by  any  cause  or  means  whatever  of  any  one  or  all  of  said 
board  of  Commissioners,  said  Court  shall  make  a  new  appointment. 
20 


306  LAWS   OF   NEW  HAMPSHIRE 

and  said  persons  last  appointed  shall  hold  their  offices,  for  and 
during  the  time  limited  as  aforesaid,  subject  to  removal  as  afore- 
said, said  Commissioners  after  being  duly  sworn  to  the  faithful  dis- 
charge of  their  duty,  and  notifying  the  parties  to  appear  may  deter- 
mine any  sum  in  damages  cxparte.  and  shall  make  an  entry  of  their 
doings  in  a  book  to  be  kept  for  that  purpose,  which  shall  be  open 
to  inspection  to  both  parties  when  requested.  And  in  assessing  the 
damages  done  to  individuals  by  said  Canal,  the  Commissioners  shall 
take  into  review,  the  benefits  as  well  as  damages  to  any  individuals 
and  make  regular  entries  of  all  their  determinations  and  apprisals 
under  this  act  in  the  Book  before  mentioned  and  said  Corporation 
may  tender  the  money  so  adjudged  to  the  party  injured  and  at  any 
time  after  said  tender,  said  Corporation  shall  have  a  right  to  enter 
into  and  take  possession  of  said  lands  or  other  property  necessary 
for  the  completion  of  said  Canal  and  forever  after  to  hold  the  same 
in  fee-simple,  and  if  the  injured  party  shall  choose  not  to  accept 
the  money  so  tendered,  he  may  appeal  from  the  determination  of 
said  Commissioners  to  the  next  term  of  said  Superiour  Court  for  the 
County  of  Grafton,  by  giving  notice  thereof  in  writing  to  the  Clerk 
of  said  Corporation  at  any  time  within  sixty  days  from  the  tender 
of  said  money — and  the  said  Corporation  shall  have  the  right  to 
appeal  from  the  determination  of  said  Commissioners  within  the 
time  limited  to  the  other  party  by  giving  due  notice  thereof. 

Sec  5  And  be  it  further  enacted  that  when  any  part  of  said 
Canal  is  so  far  completed  as,  in  the  opinion  of  said  Commissioners, 
the  corporation  shall  be  entitled  to  toll,  the  Commissioners  shall 
have  a  right  to  examine  the  Books  of  said  Corporation  and  report  to 
the  Superior  Court,  which  shall  have  a  right  to  fix  such  toll  as  to 
them  shall  appear  to  them,  just,  and  at  every  year  after  make  such 
additions  to  the  rates  of  toll  as  said  Corporations  shall  make  addi- 
tions to  the  work  until  the  whole  is  completed,  the  place  or  placs 
of  paying  toll  shall  be  fixed  by  the  Commissioners  and  the  rates  of 
toll  by  the  Superiour  Court  and  subject  to  alteration  by  said  Court 
at  all  times  when  sufficient  cause  shall  be  shown,  a  record  of  the 
rates  of  said  toll  shall  be  kept,  by  the  Clerk  of  the  Superiour 
Court,  which  rates  of  toll  said  Corporation  shall  have  a  ridit  to 
demand  and  receive,  and  it  shall  be  the  duty  of  said  Corporation  to 
provide  necessary  and  proper  attendance  at  said  locks  so  that 
Boats  &c  be  not  unnecessarily  detained  in  their  passage 

Sec  6  And  be  it  further  enacted,  that  if  any  road  or  public 
highway,  is  so  located  that  said  Canal  cannot  be  judiciouslv  bid 
out  without  interfering  therewith  the  said  Corporation  may  with  the 
consent  of  the  Commissioners,  alter  said  road  so  as  said  Canal  may 
be  made  on  the  best  site  of  ground  for  that  purpose,  provided  said 
Corporation  shall  put  said  road  thus  altered  in  as  good  repair  as 
the  old  road  was  at  the  time  of  removing  the  same  to  the  acceptance 
of  said  Commissioners.    And  said  Corporation  shall  build  and  keep 


LAWS   OF   NEW  HAMPSHIRE  3°7 

in  repair  suitable  Bridges  over  all  Canals  owned  by  said  Corpora- 
tion, in  any  place  where  the  same  may  cross  any  high-way  and  such 
other  Bridges  over  any  such  Canal  ior  the  accommodation  of  such 
persons  through  whose  lands  such  Canal  may  pass  at  such  place  and 
of  such  dimensions  as  said  Commissioners  shall  order  and  by  writing 
direct 

Sec  7  And  be  it  further  enacted  that  the  Corporation  shall  keep 
an  exact  account  of  all  their  disbursements  in  relation  to  said  locks 
and  Canal  and  all  other  works  connected  therewith  and  of  all  their 
expenses  which  shall  be  stated  and  adjusted  by  said  Commissioners 
and  when  said  locks  and  Canal  shall  be  completed,  the  Commis- 
sioners shall  state  the  amount  of  the  same,  and  of  the  entire  ex- 
penses of  said  Corporation  which  shall  include  the  whole  amount 
of  the  Stock  of  said  Corporation,  and  return  the  same  to  the  Supe- 
riour  Court  for  the  County  of  Grafton.  And  whenever  the  profits 
accruing  to  said  Corporation  shall  exceed  twelve  per  cent,  over  and 
above  the  annual  expense  of  the  improvements  and  repairs  of  said 
locks  and  Canal  and  the  works  connected  therewith  the  said  Court 
shall  reduce  the  toll  allowed  so  as  the  same  shall  not  exceed  twelve 
per  cent  annually  on  the  amount  of  the  capital  stock. 

Sec  8  And  be  it  further  enacted  that  said  Corporation  may 
make  by-laws  prescribing  the  mode  of  transfering  the  shares  of 
said  Corporation  and  selling  the  same  on  assessments  not  paid, 
Provided  nevertheless  that  if  any  shares  are  owned  by  persons 
living  out  of  this  State  and  in  any  adjoining  State,  said  shares  shall 
not  be  sold  until  public  notice  is  given  that  such  shares  are  to  be 
sold,  by  publishing  the  same  in  some  newspaper  printed  in  the  State 
where  said  owner  or  owners  live  three  weeks  successively  before 
said  sale 

Sec  9  And  be  it  further  enacted  that  if  said  Corporation  do  not 
make  and  complete  five  miles  of  said  Canal  within  five  years  from 
the  passing  of  this  act,  the  same  is  to  be  nul  and  void  and  if  the 
whole  is  not  completed  within  ten  years  from  the  passing  of  this 
act  said  Corporation  shall  take  no  benefit  of  this  act  for  any  further 
distance  than  they  shall  have  completed  said  locks  and  Canal 

Sec  io.  And  be  it  further  enacted,  that  this  State  shall  have  a 
right  at  any  time  before  said  Canal  is  completed  to  put  in  such 
sums  of  money  as  it  may  think  proper,  to  be  applied  either  in  the 
purchasing  of  stock  or  reducing  the  toll. 


308  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  14.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  an  act  to  establish  a 
corporation  by  the  name  of  the  nashua  manufacturing 
Company. 

[Approved  December  10,  1824.  Original  Acts,  vol.  28,  p.  85;  recorded 
Acts,  vol.  22,  p.  513.  The  act  referred  to  is  dated  June  18,  1823,  ante,  p.  188. 
See  resolution  dated  June  24,  1859,  Session  Laws,  1859,  Private  Acts,  Chap. 
2316.  See  also  acts  of  July  8,  1862,  id.,  1862,  Private  Acts,  Chap.  2683; 
March  13,  1895,  id.,  1895,  Chap.  224;  February  17,  1917,  Laws,  1917,  Chap. 
292,  and  February  10,  1919,  id.,  1919,  Chap.  249.] 

Whereas  the  Nashua  Manufacturing  Company  have  petitioned 
for  further  powers  and  privileges  by  which  they  may  make  and 
render  navigable  the  Nashua  River  by  means  of  locks,  dams,  canals 
and  towing  paths  from  Merrimack  river  along  the  course  of  said 
Nashua  river  to  the  southerly  boundary  of  this  State — Therefore, 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  Nashua  Manufacturing 
Company,  their  successors  and  assigns  be  and  they  hereby  are 
authorized  and  empowered  to  build  and  construct  a  canal  together 
with  such  locks  and  dams  across  said  river  and  towing  paths  upon 
its  banks  as  they  may  think  necessary  from  Merrimack  river  in  the 
town  of  Dunstable  to  the  southerly  boundary  of  this  State  along  the 
course  of  Nashua  river  and  to  change  the  course  of  the  waters  of 
said  Nashua  river  whenever  needed,  and  to  make  artificial  channels 
or  canals  from  one  portion  of  said  Nashua  river  to  another  whenever 
they  may  judge  it  expedient  so  to  do — Provided  nevertheless  that 
said  Company  shall  not  in  the  prosecution  of  the  foregoing  objects 
take  the  water  in  such  way  or  manner  as  to  impede  the  operation  of 
any  mill  as  now  used  or  injure  any  mill  site  as  now  occupied. 

Sect.  2:  And  be  it  further  enacted,  that  in  all  cases  when  any 
person  shall  be  damaged  in  his  property  by  the  said  company  for 
the  purposes  aforesaid  in  manner  as  is  above  expressed,  and  the 
company  aforesaid  do  not  within  twenty  days  after  being  requested 
thereto  make  or  tender  reasonable  compensation  to  the  acceptance 
of  the  person  so  damaged  by  them  as  aforesaid;  the  person  so  dam- 
aged may  apply  by  petition  to  the  Superior  Court  of  Judicature 
sitting  in  the  County  where  said  injury  shall  happen  to  have  the 
damages  by  him  sustained  as  aforesaid  estimated  and  adjudged  to 
him;  and  in  such  petition  he  shall  distinctly  set  out  his  title,  and  the 
injury  of  which  he  complains;  and  said  court  after  reasonable  notice 
given  shall  appoint  a  committee  for  said  purpose,  and  the  commit- 
tee after  giving  due  notice  to  all  parties  interested  shall  view  the 
premises  and  estimate  the  damages,  and  their  report  being  returned 


LAWS   OF   NEW   HAMPSHIRE  3°9 

to  said  Court  sitting  in  said  county  and  judgment  rendered  thereon 
by  said  Court  shall  be  final,  and  execution  shall  issue  accordingly, 
or  in  case  the  party  so  injured  shall  elect,  the  court  may  direct  an 
issue  to  the  jury  to  try  the  truth  of  the  facts  so  alleged  and  com- 
plained of;  and  the  Jury  upon  such  hearing  shall  assess  and  fix  the 
damages,  and  judgment  being  rendered  upon  such  verdict  shall  be 
final  and  conclusive  between  the  parties  and  execution  shall  issue 
accordingly.  And  upon  all  applications  for  the  purposes  aforesaid 
the  Court  may  allow  costs  to  either  party  as  they  may  think  just 
and  proper: — Provided  nevertheless,  that  if  any  judgment  rendered 
as  aforesaid  shall  not  be  satisfied  or  tender  thereof  made  with 
interest  within  sixty  days  after  demand  made  upon  the  clerk,  treas- 
urer or  authorized  agent  of  said  company  the  party  so  injured  may, 
commence  and  sustain  an  action  of  trespass  against  any  individual 
or  individuals  so  committing  the  acts  aforesaid,  said  judgment  to  the 
contrary  notwithstanding. 

Sect.  3.  And  be  it  further  enacted  that  said  company  be  and 
they  hereby  are  authorized  and  empowered  to  take,  purchase  and 
hold  to  them  and  their  successors  and  assigns  forever  so  much  land 
and  real  estate  as  they  may  deem  necessary  for  the  purposes  afore- 
said not  exceeding  the  value  of  fifteen  thousand  dollars. 

Sect.  4.  And  be  it  further  enacted,  that  said  company  shall  have 
power  to  make  and  ordain  such  by  laws,  rules  and  regulations  as 
they  shall  from  time  to  time  find  expedient  and  proper  for  regulat- 
ing said  canal  and  for  the  protection  and  security  of  the  same, 
provided  such  by-laws,  rules  &  regulations  are  not  repugnant  to 
the  constitution  and  laws  of  this  State;  which  bylaws,  rules  and 
regulations  may  be  extended  to  the  form  and  dimensions  of  the 
boats,  floats  and  rafts  to  be  used  and  moved  thereon,  and  for  regu- 
lating such  landing  places  on  said  Canal  as  they  shall  establish 
thereon;  provided  the  penalty  for  any  one  offence  by  such  bylaws 
established  shall  not  exceed  the  sum  of  ten  dollars  to  be  sued  for 
and  recovered  by  the  treasurer  of  said  company  to  the  use  of  said 
company  by  an  action  of  the  case  before  any  Justice  of  the  peace 
or  any  court  proper  to  try  the  same,  copies  of  which  bylaws  shall 
be  printed  and  posted  up  at  each  set  of  locks  on  said  canal,  and  shall 
be  so  kept  up  excepting  when  they  or  any  of  them  shall  be  removed 
by  accident  or  taken  down  wantonly  or  maliciously.  And  when 
any  person  shall  wantonly  or  maliciously  injure  or  take  down  such 
printed  copy  of  the  by  laws  they  shall  be  liable  to  pay  a  sum  not 
exceeding  ten  Dollars  to  be  recovered  in  manner  and  for  the  use 
aforesaid — 

Sect.  5.  And  be  it  further  enacted,  that  for  the  purpose  of  reim- 
bursing said  company  the  monies  by  them  expended  in  building, 
supporting  and  repairing  the  dams,  locks  canals,  bridges,  towing 
paths  and  clearing  the  passages  necessary  for  rendering  the  waters 
of  the  Nashua  River  navigable,  a  toll  be  and  hereby  is  granted  and 


3IO  LAWS   OF   NEW  HAMPSHIRE 

established  for  the  sole  benefit  of  the  said  Nashua  Manufacturing 
Company  forever  according  to  the  following  rate,  to  wit,  for  the 
passage  of  any  lock  ten  cents  per  ton  in  weight  which  shall  pass 
the  same;  and  for  every  mile  of  canal  or  navigable  waters  five 
cents  per  mile,  and  in  this  proportion  according  to  the  landing 
places  which  may  be  established  thereon:  which  toll  shall  be  paid 
before  the  boat,  float  or  raft  shall  enter  or  proceed  on  the  same 
canal.  And  whenever  any  portion  of  said  canal  shall  be  made  passa- 
ble the  toll  shall  be  paid  on  that  portion  in  manner  as  aforesaid — 
And  if  at  the  end  of  five  years  the  whole  route  of  said  canal  shall 
not  then  be  made  navigable  this  act  so  far  as  regards  the  whole 
route  shall  be  void:  but  shall  remain  forever  in  force  as  to  that 
portion  of  the  canal  and  navigable  waters  which  may  within  that 
time  be  made  navigable — 

Sect.  6.  And  be  it  further  enacted  that  after  the  expiration  of 
eight  years  from  the  passing  of  this  act,  said  company  if  required 
by  order  of  the  Legislature,  shall  exhibit  to  the  Justices  of  the 
Superior  Court  of  Judicature  sitting  in  the  County  of  Hillsborough 
a  statement  of  the  monies  by  said  Company  expended  in  the  prose- 
cution of  the  objects  aforesaid:  and  of  the  tolls  by  them  received  by 
virtue  of  this  act.  And  if  upon  examination  it  shall  appear  that 
said  Company  have  received  more  than  after  the  rate  of  eight  per 
centum  per  annum  during  the  whole  preceding  time  upon  the 
monies  by  them  so  expended  as  aforesaid:  the  said  Court  may  from 
time  to  time  so  reduce  said  tolls  that  said  Company  shall  not  receive 
more  than  after  the  rate  of  eight  per  centum  per  annum  upon  the 
monies  so  by  them  expended  as  aforesaid — 

Provided  nevertheless  that  nothing  in  this  act  contained  shall  be 
so  construed  as  to  restrain  or  prevent  the  Legislature  of  this  State 
from  establishing  ferries  or  authorizing  and  causing  to  be  erected 
bridges  across  said  river  at  such  places  as  they  may  deem  expe- 
dient— 


[CHAPTER  15.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  incorporating  the  Connecticut  River  Company. 

[Approved  December  13,  1824.  Original  Acts,  vol.  28,  p.  86;  recorded 
Acts,  vol.  22,  p.  517.  See  acts  relative  to  navigation  of  Connecticut  river 
dated  July  7,  1826,  post.']- 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Adam  Duncan,  John 
Holbrook,  John  L.  Wood,  Abner  Forbes,  together  with  David  Por- 
ter, Aaron  Dean,  Ebenezer  Carlton,  Richard  Gookin,  and  Roger 


LAWS  OF   NEW   HAMPSHIRE  3  1  1 

Vose,  and  their  associates  and  successors  forever,  be  and  hereby 
are  constituted  a  body  politic  and  corporate  by  the  name  of  'The 
Connecticut  River  Company,'  for  the  purpose  of  improving  the 
navigation  of  Connecticut  River;  and  by  that  name  may  sue  and  be 
sued,  plead  and  be  impleaded,  appear,  prosecute  and  defend  in  all 
suits  and  actions,  and  in  all  courts  of  law  and  equity  whatsoever; 
may  purchase,  hold  and  convey,  as  occasion  may  require,  real  and 
personal  estate,  in  fee  simple,  to  them  and  their  successors  forever, 
to  any  amount  necessary  to  carry  into  complete  effect  the  objects 
of  said  Corporation,  not  exceeding  five  hundred  thousand  dollars; 
may  have  and  use  a  common  seal,  and  the  same  alter  and  change 
at  pleasure;  and  shall  have  and  enjoy  all  the  powers  and  privileges 
incident  to  corporations,  and  necessary  to  carry  into  complete  effect 
the  object  of  said  Corporation. 

Sec.  2.  And  be  it  further  enacted,  That  Roger  Vose,  John  Hol- 
brook  and  Aaron  Dean  aforesaid,  or  either  two  of  them,  be  author- 
ized to  call  the  first  meeting  of  said  Corporation,  to  be  holden  at 
such  time  and  place  as  they  shall  appoint,  at  any  time  within  one 
year  from  the  passing  hereof,  for  the  purpose  of  choosing  such 
officers  as  may  be  deemed  necessary  for  the  well  conducting  the 
business  of  said  Corporation,  by  publishing  a  notification  thereof, 
three  weeks  successively  in  a  newspaper  printed  in  Windsor,  Ver- 
mont, and  in  the  New-Hampshire  Patriot,  the  last  publication 
of  which  to  be  twelve  days  before  the  day  of  such  meeting;  and 
may  at  such  meeting,  and  at  all  other  meetings  legally  notified  for 
the  purpose,  make,  repeal,  and  alter  all  such  by-laws,  rules  and  reg- 
ulations, as  may  be  thought  necessary  for  the  due  regulation  and 
management  of  said  Corporation,  not  repugnant  to  the  laws  of  this 
State. 

Sec.  3.  And  be  it  further  enacted,  That  for  the  well  ordering 
the  affairs  of  said  Corporation,  there  shall  be  elected  annually  a 
President,  and  such  number  of  Directors  and  other  officers,  and 
with  such  powers  as  said  Corporation  by  their  by-laws  shall  direct, 
who  shall  hold  their  offices  one  year  and  until  others  be  appointed 
in  their  place;  and  all  questions  which  occur  in  the  meetings  of  said 
Corporation,  shall  be  determined  by  a  majority  of  the  votes  of  the 
members  present  and  those  represented  by  attorney,  one  vote  for 
each  share,  and  all  the  meetings  of  said  Corporation  shall  be  noti- 
fied and  holden  at  such  time  and  place,  and  in  such  manner  as  shall 
be  directed  by  their  by-laws. 

Sec.  4.  And  be  it  further  enacted,  That  said  Corporation  by 
their  Directors,  or  otherwise,  may  make  and  order  the  payment  of 
such  assessments  upon  the  shares  of  the  Proprietors  as  shall  be 
necessary  for  carrying  into  effect  the  objects  of  this  act,  and  shall 
give  public  notice  thereof  in  such  manner  as  said  Corporation  by 
their  by-laws  shall  direct;  and  in  case  any  Proprietor  shall  neglect 
or  refuse  the  payment  thereof  for  more  than  ninety  days  after  such 


312  LAWS  OF   NEW   HAMPSHIRE 

assessment  shall  have  become  payable,  so  many  of  his  shares  as 
shall  be  necessary  to  raise  the  amount  of  such  assessment,  may  be 
sold  at  public  auction,  after  having  given  such  notice  thereof,  as 
the  by-laws  of  said  Corporation  shall  direct;  and  the  balance,  after 
discharging  such  assessment,  shall  be  paid  to  such  delinquent  Pro- 
prietor within  ten  days  after  he  shall  have  demanded  the  same  of 
the  Treasurer,  or  the  Clerk  of  said  Corporation  for  the  time  being. 

Sec.  5.  And  be  it  further  enacted,  That  the  said  Porter,  Vose, 
Holbrook,  Duncan,  Dean,  Forbes,  Carlton,  Gookin  and  Wood,  or  a 
majority  of  them,  shall,  at  such  time  or  times,  place  or  places,  as 
they  shall  judge  expedient,  open  subscriptions  for  the  shares  of 
said  Corporation  on  such  terms  and  conditions,  and  to  such  number 
and  amount  as  they  shall  judge  necessary,  and  shall  give  such 
reasonable  and  previous  notice  thereof  as  they  shall  deem  expe- 
dient, and  they  or  a  majority  of  them  are  authorized  to  settle  the 
stock  of  said  Corporation. 

Sec.  6.  And  be  it  further  enacted,  That  there  shall  be  a  board 
of  Commissioners,  consisting  of  three  persons,  who  shall  not  be  in- 
terested in  said  Corporation,  and  who  shall  be  sworn  to  the  faithful 
discharge  of  their  trust;  under  whose  licence  and  direction  all  im- 
provements in  the  navigation  of  said  River  shall  be  laid  out;  and 
who  shall  from  time  to  time  regulate  and  fix  the  tolls  to  be  taken  by 
said  Corporation;  and  appoint  a  Clerk,  whose  duty  it  shall  be  to 
make  a  record  of  all  their  proceedings,  and  annually,  on  the  first 
Wednesday  of  June,  to  lay  before  the  Governor  and  Council  a  copy 
thereof;  and  such  Commissioners  and  Clerk  shall  be  paid  by  said 
Corporation  a  reasonable  compensation  for  their  services,  to  be  pre- 
scribed by  the  Superior  Court  of  Judicature. 

Sec.  7.  And  be  it  further  enacted,  That  said  Corporation,  for 
the  purpose  of  widening,  straightening  and  deepening  the  channel 
of  said  River,  and  improving  the  navigation  thereof,  shall  have 
power  under  the  licence  and  direction  of  the  Commissioners  in  writ- 
ing given,  and  not  otherwise,  to  enter  upon  the  bed  and  banks  of 
said  River,  and  upon  the  lands  adjacent  thereto,  and  to  dig,  cleanse 
and  remove  obstructions  from  the  channel,  bars  and  banks  of  said 
River,  and  to  construct  locks,  canals,  dams,  railways  and  tow-paths 
at  any  of  the  falls,  bars,  or  other  places  on  said  River;  and  shall 
have  a  right  in  common  with  others,  to  procure,  own  and  use  Steam- 
boats for  aiding  the  commerce  on  said  River. 

Sec.  8.  And  be  it  further  enacted,  That  said  Corporation  may 
enter  into  and  take  possession  of  so  much  of  the  waters  and  banks  of 
said  River,  and  of  the  lands  adjacent  thereto,  as  the  Commissioners 
shall  deem  necessary  for  carrying  into  effect  the  objects  of  this 
act,  and  by  their  written  licence  shall  designate;  and  in  case  any 
of  the  waters,  banks,  or  land,  so  taken,  shall  belong  to  any  indi- 
vidual or  individuals,  and  the  parties  do  not  agree,  the  Commis- 
sioners, taking  into  view  the  benefit  as  well  as  damage,  shall  liqui- 


LAWS   OF   NEW   HAMPSHIRE  3l3 

date  and  assess  the  damages,  and  the  property,  so  taken,  shall  be 
the  property  of  said  Corporation  forever;  and  in  case  any  damage 
shall  accrue  to  any  person  or  persons  in  consequence  of  any  act 
done  by  said  Corporation,  under  the  licence  of  said  Commissioners, 
the  damages  shall  in  like  manner  be  assessed  by  said  Commission- 
ers: Provided,  that  when  any  application  shall  be  made  to  the 
Commissioners  for  the  assessment  of  any  damages,  they  shall  give 
the  parties  reasonable  notice  thereof;  and  it  shall  be  the  duty  of 
the  Clerk  of  said  Commissioners,  within  thirty  days  after  any  such 
assessment  is  made,  to  deliver  to  the  Clerk  of  said  Corporation,  and 
to  the  adverse  party,  or  to  his  agent  or  attorney,  a  certified  copy  of 
such  assessment,  or  in  case  of  the  absence  of  the  adverse  party,  to 
give  such  notice  as  the  Commissioners  shall  direct. 

Sec.  9.  And  be  it  further  enacted,  That  whenever  said  Corpo- 
ration, or  any  person  interested,  shall  feel  aggrieved  by  any  assess- 
ment of  damages  made  by  the  Commissioners,  the  party  aggrieved 
may,  within  thirty  days  after  notice  of  such  assessment,  given  as  is 
provided  in  the  preceding  section,  appeal  to  the  Superior  Court  of 
Judicature  next  to  be  holden  in  the  county  where  such  property 
lies,  who  shall  finally  decide  thereon,  and  may  tax  costs  for  or 
against  either  or  neither  party,  as  they  in  their  discretion  shall  judge 
reasonable:  Provided  that  either  party  shall  be  entitled  to  a  trial 
by  jury;  and  provided  also,  the  said  Corporation,  before  entering 
into,  or  taking  possession  of  such  property,  shall  pay  or  tender  to 
the  person  or  persons  entitled,  the  damages  finally  assessed. 

Sec.  10.  And  be  it  further  enacted,  That  the  mill  seats  and 
water  privileges  created  or  prepared  for  use  by  the  construction  of 
the  dams,  locks  and  canals,  or  other  works  of  said  Company,  in 
improving  the  navigation  of  said  River,  shall  belong  to  said  Cor- 
poration, and  may  be  by  them  sold;  in  which  case  the  avails  thereof 
shall  be  appropriated  to  reduce  the  capital  stock,  or  may  be  leased, 
in  which  case  the  net  proceeds  shall  be  considered  as  toll,  and  as 
such  divided  among  the  proprietors. 

Sec.  n.  And  be  it  further  enacted,  That  said  Corporation  shall 
not  be  authorized  to  make  any  improvement  in  the  navigation  of 
said  River,  which  shall  not  have  been  assented  to  and  licensed  by 
the  Commissioners  in  writing,  and  commenced  within  five  years 
after  the  passing  of  this  act. 

Sec.  12.  And  be  it  further  enacted.  That  whenever  said  Cor- 
poration shall  have  constructed  the  improvements  in  the  navigation 
of  said  River  contemplated  in  this  act,  or  any  portion  thereof,  to 
the  satisfaction  of  the  Commissioners,  they  shall  have  power  from 
time  to  time,  as  such  improvements  shall  be  made,  to  establish  and 
fix  the  rates  of  toll  for  said  Corporation,  and  to  designate  the 
places  where  the  same  shall  be  received;  which  shall  be  published 
yearly  in  the  papers  aforesaid;  and  said  Corporation  shall  receive 
no  greater  tolls  than  are  established  by  the  Commissioners. 


3M  LAWS   OF   NEW  HAMPSHIRE 

Sec.  13.  And  be  it  further  enacted,  That  said  Corporation  shall 
keep  an  exact  account  of  all  their  disbursements  in  relation  to  said 
locks  and  canals,  and  all  other  works  connected  therewith,  and  of 
all  their  expenses,  which  shall  be  stated  and  adjusted  by  the  com- 
missioners; and  when  said  locks,  canals  and  improvements  shall  be 
completed,  the  Commissioners  shall  state  the  amount  of  the  same, 
and  of  the  entire  expenses  of  said  Corporation,  which  shall  include 
the  whole  amount  of  the  stock  of  said  Corporation,  and  return  the 
same  to  the  Superior  Court  of  Judicature.  And  whenever  the 
profits  of  said  Corporation  shall  exceed  eight  per  cent  over  and 
above  the  annual  expenses  of  improvements  on  said  River  and  the 
repairs  of  the  said  locks,  canals  and  works  connected  therewith,  the 
Commissioners  shall  reduce  the  toll  allowed,  so  as  the  same  shall 
not  exceed  eight  per  cent,  annually,  on  the  amount  of  the  capital 
stock,  or  may  direct  that  the  excess  above  eight  per  cent  be  applied 
to  further  improvements  of  the  navigation,  or  to  the  reduction  of 
the  capital  stock  of  said  Corporation. 

Sec.  14.  And  be  it  further  enacted,  That  said  Corporation  shall 
build  and  keep  in  repair  suitable  and  convenient  bridges  over  their 
canals  in  any  place  where  the  same  may  cross  any  highway,  and 
such  other  bridges  over  such  canals  for  the  accommodation  of  per- 
sons, through  whose  land  such  canals  may  pass,  at  such  places  and 
of  such  dimensions  as  the  Commissioners  shall  order  and  in  writing 
direct. 

Sec.  15.  And  be  it  further  enacted,  That  said  Corporation  shall 
not  in  any  way  interfere  with,  or  infringe  upon  the  rights  and  priv- 
ileges of  any  Company  heretofore  incorporated  by  this  State;  but 
they  shall  continue  in  the  full  enjoyment  thereof  in  the  same  manner 
as  heretofore;  nor  shall  any  act  or  acts  now  in  force,  relating  to  any 
Company  heretofore  incorporated  be  impaired  or  invalidated  by 
this  act;  nor  shall  any  thing  in  this  act  be  construed  to  give  to  this 
Corporation  any  right  granted  to  any  person  or  Corporation  in  case 
a  forfeiture  of  the  grant  to  such  person  or  Corporation  should  here- 
after be  taken. 

Sec.  16.  And  be  it  further  enacted,  That  George  B.  Upham, 
Ezra  Bartlett  and  Josiah  Bellows,  3rd  be,  and  they  hereby  are 
appointed  Commissioners  with  full  powers  to  do  and  perform  all 
and  singular  the  acts  and  things  required  of  them  by  this  act  (a 
majority  of  whom  shall  constitute  a  quorum  for  the  transaction  of 
business)  who  shall  hold  their  offices  for  the  term  of  five  years, 
unless  removed;  and  after  the  expiration  of  said  term,  the  Com- 
missioners shall  be  annually  appointed  by  the  Governor  and  Coun- 
cil; and  the  Governor  and  Council  may  at  pleasure  remove  any  of 
said  Commissioners,  and  supply  any  vacancy  that  may  happen  in 
said  Board. 

Sec.  17.  And  be  it  further  enacted,  That  this  act  shall  be  taken 
and  deemed  to  be  a  public  act;  and  that  the  shares  of  said  Corpo- 


LAWS  OF   NEW  HAMPSHIRE  3[5 

ration  shall  be  personal  estate,  and  may  be  transferred  in  such 
manner  as  said  Corporation  may  by  their  by-laws  direct.  Pro- 
vided nevertheless,  that  nothing  in  this  act  contained  shall  be  so 
construed  as  to  restrain  or  prevent  the  Legislature  of  this  State  from 
establishing  ferries,  or  authorizing  and  causing  to  be  erected  bridges 
across  said  River  at  such  places  as  they  may  deem  expedient. 

[CHAPTER  16.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  the  Proprietors  of  Hampton  Canal 

[Approved  December  15,  1824.  Original  Acts,  vol.  28,  p.  87;  recorded 
Acts,  vol.  22,  p.  524.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened:  That  David  Nudd,  James  Leavitt, 
Edmund  Toppan  John  M.  Seward,  Ebenezer  Lawrence  and  Daniel 
Towle,  their  associates  and  successors,  be  and  they  hereby  are 
incorporated  and  made  a  body  politick  and  corporate  forever  by  the 
name  of  the  proprietors  of  Hampton  Canal  and  in  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  Judgment  and  Execu- 
tion, and  are  hereby  vested  with  all  the  powers  and  privileges,  and 
subject  to  all  the  liabilities  incident  to  corporations  of  a  similar 
nature. 

Sec  2  And  be  it  further  enacted:  That  said  Proprietors  may  cut 
and  open  a  Canal  from  Hampton  river  near  Nudd's  wharf,  by  the 
Hampton  publick  landing,  in  a  southerly  direction  through  the  salt- 
marsh  to  Brown's  river,  near  the  place  where  it  empties  into  Hamp- 
ton river,  and  may  make  said  Canal  of  sufficient  width  and  depth  for 
the  passage  of  boats  and  vessels  employed  on  the  Hampton  river; 
and  they  may  purchase  or  receive  by  donation  in  their  corporate 
capacity,  real  estate  and  hold  the  same  in  fee-simple,  and  exchange, 
sell  and  convey  the  same,  as  they  may  think  proper,  not  exceeding 
four  rods  in  width  on  each  side  of  said  Canal,  of  marsh,  whereon 
to  make  paths  for  towing  boats  and  vessels  on  the  Canal  and  of  up- 
land for  the  use  of  the  Corporation,  not  exceeding  five  acres;  and 
said  Canal  and  towing  paths  may  keep  open  and  in  repair  for  the 
passage  of  boats  and  vessels  free  from  toll;  unless  after  the  Canal 
shall  have  been  completed  in  every  respect;  such  repairs  thereon 
should  be  made  as  to  render  a  tempory  toll  necessary,  in  which 
case  the  Justices  of  the  Superior  Court  of  Judicature  on  application 
made  to  them  by  the  Proprietors,  and  proof  of  the  amount  of  ex- 
penses incurred  by  them  in  making  repairs,  may  establish  such  tolls 
on  said  Canal,  and  for  such  time  as  they  may  judge  proper;  and  the 


3l6  LAWS   OF    NEW   HAMPSHIRE 

tolls  so  established  the  said  Proprietors  shall  cause  to  be  published 
in  two  newspapers  printed  in  the  County  of  Rockingham,  three 
weeks  successively,  before  any  such  tolls  shall  be  demanded  and 
become  payable 

Sec  3  And  be  it  further  enacted;  That  said  Proprietors  shall 
build  and  keep  in  repair  a  swing  or  draw-bridge  over  said  Canal  of 
such  construction  as  the  Selectmen  of  Hampton  may  prescribe  to 
enable  the  owners  of  marsh  to  pass,  at  all  times  when  said  Select- 
men may  deem  it  necessary,  with  their  teams  to  take  off  their  hay 
and  grass;  and  said  bridge  shall  at  all  times  be  subject  to  the  regu- 
lations and  under  the  control  of  said  Selectmen.  And  if  any  damage 
or  injury  shall  happen  at  any  time,  on  account  of  the  insufficiency 
of  said  bridge  to  any  person  having  occasion  to  use  the  same,  he 
shall  recover  against  any  one  of  the  Proprietors  three  times  the 
amount  of  the  actual  damage  or  injury  sustained,  by  an  action  on 
the  case  in  any  Court  of  competent  jurisdiction:  Provided  the  Cor- 
poration shall  neglect  for  the  space  of  sixty  day's  to  make  adequate 
compensation  for  the  damage  so  sustained,  or  tender  thereof  after 
notice  given  to  the  Corporation  of  the  sum  demanded 

Sec  4  And  be  it  further  enacted,  That  said  Proprietors  may 
construct  a  dam  or  dams  on  the  Hampton  river  in  such  places  as 
they  may  think  proper,  to  raise  the  water  so  as  to  supply  and  fill 
said  Canal,  not  however  to  obstruct  or  prevent  the  usual  navigation 
of  said  river 

Sec  5  And  be  it  further  enacted  that  the  said  David  Nudd, 
James  Leavitt  and  Edmund  Toppan  or  any  two  of  them  may  call 
the  first  meeting  of  said  Proprietors  by  giving  fifteen  days  publick 
notice  of  the  time  and  place  of  holding  said  meeting  by  posting  a 
notification  thereof  at  the  meeting  house  in  Hampton,  or  by  giving 
personal  notice  thereof  to  each  proprietor  ten  days  at  least  before 
said  meeting:  At  which  first  meeting  or  at  any  adjournment  thereof 
the  said  Proprietors  shall  elect  a  Clerk,  who  shall  be  sworn  to  the 
faithful  performance  of  his  duty,  to  record  this  act  and  all  the  pro- 
ceedings and  doings  of  said  Corporation  in  a  book  or  books  to  be 
kept  for  the  purpose;  and  may  choose  such  other  officers  as  they 
may  deem  proper;  and  prescribe  their  respective  duties;  divide 
their  corporate  property  into  such  number  of  shares  as  may  be 
thought  expedient:  determine  on  the  manner  of  conveying  the  same; 
pass  by-laws  and  transact  all  other  -necessary  business. 

Sec  7  And  be  it  further  enacted;  That  if  the  owner  or  owners  of 
marsh  (through  which  the  said  Canal  may  be  made,  or  of  upland 
required  by  the  said  Proprietors  under  this  act  for  the  purposes 
herein  mentioned)  and  the  said  Proprietors  cannot  agree  on  the 
price  or  compensation  therefor,  application  may  be  made  by  either 
party  to  the  Justices  of  the  Superior  Court  of  Judicature,  next  to  be 
holden  in  the  County  of  Rockingham,  after  giving  fifteen  days 
notice  in  writing  of  such  application  to  the  adverse  party,  and  the 


LAWS   OF  NEW  HAMPSHIRE  3!7 

said  Justices  shall  appoint  three  disinterested  persons,  inhabitants  of 
said  County,  to  view  the  premises,  hear  the  parties,  and  to  fix  the 
price  or  compensation,  to  be  given  by  the  said  proprietors,  consid- 
ering the  benefits  to  be  derived  from,  as  well  as  the  damage  or  in- 
jury to  be  sustained  by  the  making  of  said  Canal;  and  the  award 
of  the  persons  so  appointed  or  of  any  two  of  them  made  in  writing 
and  returned  to  said  Superiour  Court  of  Judicature,  at  the  term  of 
said  Court  for  the  County  of  Rockingham  next  after  the  making  of 
the  award  shall  be  final  and  conclusive  between  the  parties;  and  the 
said  Court  may  give  judgment  thereon  and  issue  execution  for  the 
sum  awarded  and  such  costs  as  they  may  deem  reasonable.  Pro- 
vided however  that  the  said  Proprietors  may,  at  any  time  previous 
to  the  appointment  of  the  persons  as  is  herein  provided,  make  a 
tender  of  such  sum  as  they  may  think  an  adequate  compensation 
for  the  land  taken  and  damage  sustained,  to  the  adverse  party  and 
if  the  sum  so  tendered  shall,  by  the  persons  appointed  as  aforesaid, 
be  deemed  sufficient,  the  said  Court  may  in  such  case  give  costs  to 
said  Corporation. 

Sec  8  And  be  it  further  enacted,  That  if  any  owner  of  marsh 
shall  sustain  damage  in  consequence  of  the  making  of  the  said 
Canal  and  cannot  agree  with  said  Proprietors  on  the  amount  of 
compensation  for  such  damage,  in  such  case,  application  may  be 
made  to  the  Superior  Court  of  Judicature  in  like  manner,  and  the 
same  course  of  proceeding  shall  be  pursued  in  relation  to  such  dam- 
age as  is  prescribed  in  the  preceding  section  of  this  act  for  fixing  the 
price  or  compensation  to  be  given  by  said  proprietors  for  marsh 
or  upland  required  for  said  Canal;  and  subject  to  the  provision 
therein  mentioned 

Sec  9  And  be  it  further  enacted  That  said  Corporation  shall, 
within  two  years  from  the  passing  hereof  complete  said  Canal,  and 
thereafter  keep  the  same  in  repair  and  shall  permit  all  persons  wish- 
ing to  use  the  same  to  pass  therein  free  of  toll,  excepting  in  the 
case  mentioned  in  the  second  section  of  this  act. 


3  18  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  17.] 

State  oj  I 

New  Hampshire.  \ 

An  act  establishing  the  times  and  places  of  holding  the  Pro- 
bate Court  within  and  for  the  County  of  Rockingham 

[Approved  December  15,  1824.  Original  Acts,  vol.  28,  p.  88;  recorded 
Acts,  vol.  22,  p.  528.  Session  Laws,  1824,  Chap.  47.  See  also  acts  of  June 
28,  1818,  Laws  of  New  Hampshire,  vol.  8,  p.  689;  June  29,  1819,  id.,  p.  811; 
July  6,  1826,  post;  July  5,  1827,  post;  June  16,  1831,  Session  Laws,  1831, 
Chap.  24;  June  23,  1832,  id.,  1832,  Chap.  82,  and  July  2,  1833,  id.,  1833,  Chap. 
120.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  the  Probate  Court  within  and 
for  the  County  of  Rockingham  shall  hereafter  be  holden  at  the  fol- 
lowing times  and  places  in  said  County  At  Londonderry  on  the  first 
Tuesday  of  January  and  on  the  first  Tuesday  of  May,  and  on  the 
first  Tuesday  of  September.  At  Deerfield  on  the  Wednesday  fol- 
lowing the  first  Tuesday  of  January  and  on  the  Wednesday  follow- 
ing the  first  Tuesday  of  May  and  on  the  Wednesday  following  the 
first  Tuesday  of  September  At  Portsmouth  on  the  second  Tuesday 
of  January  and  on  the  second  Tuesday  of  May  and  on  the  second 
Tuesday  of  September.  At  Exeter  on  the  Thursday  following  the 
second  Tuesday  of  January  and  on  the  Thursday  following  the 
second  Tuesday  of  May  and  on  the  Thursday  following  the  second 
Tuesday  of  September — 

Sec  2  And  be  it  further  enacted,  That  such  part  or  parts  of  all 
acts  and  resolves  as  direct  the  Probate  Court  for  the  County  of 
Rockingham  to  be  held  at  other  times  and  places  than  are  hereby 
appointed  be,  and  the  same  are  hereby  repealed. 

Provided  however  that  said  Court  may  be  holden  at  such  other 
times  and  places  in  said  County  as  the  Judge  of  Probate  may  ap- 


[CHAPTER  IS.] 

State  of  ) 

New  Hampshire.  \ 

An  act  for  the  relief  of  the  twenty  fourth  regiment  of 
Militia 

[Approved  December  15,  1824.  Original  Acts,  vol.  28,  p.  89:  recorded 
Acts,  vol.  22,  p.  529.  Session  Laws,  1824,  Chap.  48.  Repealed  January  2, 
1829,  post.'] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  twenty  fourth  regiment 


LAWS   OF   NEW  HAMPSHIRE  319 

of  Militia  in  this  State  shall  turn  out  for  inspection  and  review  once 
in  two  years  and  no  more,  the  first  muster  whereof  shall  be  between 
the  first  day  of  September  and  the  fifteenth  day  of  October  eighteen 
hundred  and  twenty  six  and  in  all  other  respects  the  said  regiment 
shall  be  subject  to  the  laws  now  in  force  so  far  as  the  same  are  con- 
sistent with  this  act 


[CHAPTER  19.] 

State  of  I 

New  Hampshire.  \ 

An  act  in  addition  to  an  act  entitled  "an  act  to  establish  a 
Corporation  by  the  name  of  the  Cheshire  Agricultural 
Society" 

[Approved  December  15,  1824.  Original  Acts,  vol.  28,  p.  90;  recorded 
Acts,  vol.  22,  p.  530.  The  act  referred  to  is  probably  dated  June  20,  18 16, 
Laws  of  New  Hampshire,  vol.  8,  p.  473.  See  also  act  of  December  21,  1820, 
id.,  p.  941.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  Cheshire  Agricultural  So- 
ciety be,  and  they  are  hereby,  empowered  at  any  meeting  duly 
holden  in  pursuance  of  the  provisions  of  the  Charter  and  by-laws 
of  said  Society,  to  establish  their  annual  meetings  and  exhibitions 
permanently  at  such  place  or  places,  within  the  County  of  Cheshire 
as  to  said  Society  may  seem  expedient. 


[CHAPTER  20.] 


State  of  ) 

New  Hampshire.  ( 


An  act  to  incorporate  the  Piscataqua  Fishing  Company 

[Approved  December  15,  1824.  Original  Acts,  vol.  28,  p.  91;  recorded 
Acts,  vol.  22,  p.  531.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  William  Neal,  William  Bray 
and  their  associates  their  successors  and  assigns  be  and  they  hereby 
are  created  a  body  politic  and  corporate  by  the  name  of  the  Piscat- 
aqua Fishing  Company  for  the  purpose  of  carrying  on  the  fisheries 
and  engaging  in  trade  and  navigation  from  Piscataqua  river;  and 
that  they  have  all  the  powers,  and  be  subject  to  all  the  liabilities  of 
corporations  of  a  similar  nature — 


320  LAWS  OF   NEW  HAMPSHIRE 

Sec  2.  And  be  it  further  enacted,  that  said  Company  may  em- 
ploy a  capital  in  said  business,  not  exceeding  Fifty  thousand  Dol- 
lars; and  in  addition  thereto  may  hold  a  warf,  stores,  yard  for 
fish-flakes,  or  other  real  estate  necessary  for  their  said  business,  not 
exceeding  in  the  whole,  the  value  of  Twenty  thousand  Dollars. 

Sec  3  And  be  it  further  enacted  that  said  William  Neal,  may 
call  the  first  meeting  of  said  Company,  by  advertising  the  same  in 
the  Portsmouth  Journal  for  three  weeks  successively 


[CHAPTER  21.] 


State  of  I 

New  Hampshire.  \ 


An  Act  giving  liberty  to  plead  the  general  issue  in  certain 
cases,  also  respecting  amendments  of  writs  on  review. 


'■> 


[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  92;  recorded 
Acts,  vol.  22,  p.  532.  Session  Laws,  1824,  Chap.  51.  See  also  act  of  July 
2,  1831,  id.,  1831,  Chap.  48.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  in  all  actions  now  pending  or 
that  may  hereafter  be  pending  in  any  court  in  this  State,  wherein 
the  defence  intended  to  be  set  up  by  the  defendant  is  or  may  be  that 
he  was  a  Justice  of  the  peace,  sheriff,  deputy  sheriff,  coroner,  town, 
district,  precinct  or  parish  officer,  or  some  other  officer  civil  or 
military,  and  that  the  act  or  thing  for  which  he  is  or  may  be  sued 
is  or  may  be  any  act  or  thing  done  by  him  by  virtue  or  in  the  execu- 
tion of  his  office,  the  defendant  may  plead  the  general  issue  and 
give  the  special  matter  in  evidence,  upon  filing  in  the  cause  a  brief 
statement  of  such  special  matter  of  defence,  within  such  time  as 
the  court  shall  order,  of  which  statement  the  plaintiff  shall  be  enti- 
tled to  a  copy  or  the  defendant  may  plead  specially  at  his  election. — 

Sect.  2.  And  be  it  further  enacted,  that  in  any  action  or  review 
pending  in  any  court  in  this  State,  the  Justices  thereof  shall  have 
power  to  order  any  amendment  of  the  original  writ,  record  or  pro- 
ceedings in  any  part  thereof,  upon  such  terms  and  conditions  as 
they  may  consider  just  and  reasonoble,  any  law  to  the  contrary 
notwithstanding. 


LAWS   OF   NEW   HAMPSHIRE  321 

[CHAPTER  22.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  preserve  the  evidence  of  titles  to  land  sold  by 
Sheriffs  for  State  and  County  taxes 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  93;  recorded 
Acts,  vol.  22,  p.  533.  Session  Laws,  1824,  Chap.  52.  Laws,  1830  ed.,  p.  572. 
Repealed  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened ;  That  the  lists  returned  by  the 
Receiver  of  nonresident  taxes  and  other  papers  containing  evidence 
of  the  proceedings  of  any  former,  present  or  future  Sheriff  of  any 
County  in  this  State  relating  to  sales  of  land  by  him  as  Sheriff  for 
State  and  County  taxes,  be  deposited  in  the  office  of  the  Clerk  of 
the  Superiour  Court  of  Judicature  for  the  County  in  which  the  land 
sold  is  situated,  or  in  which  it  was  situated  at  the  time  of  the  Sale, 
and  it  shall  be  the  duty  of  the  said  Clerk  to  receive  and  preserve  the 
same  and  to  make  and  certify  copies  thereof  as  of  other  papers  on 
file  in  said  office — 

Sec  2'1  And  be  it  further  enacted  that  copies  of  and  extracts 
from,  the  said  papers  duly  certified  by  the  Clerk  of  said  Court,  may 
be  used  as  evidence  in  courts  of  law  in  all  cases  in  which  the  orig- 
inals might  be  used,  and  shall  have  the  same  force  and  effect  that  the 
originals  would  have,  if  used  as  evidence  in  the  same  cases. 


[CHAPTER  23.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  a  Town  by  the  name  of  Milan — 

[Approved   December    16,    1824.     Original   Acts,  vol.   28,   p.   94;    recorded 
Acts,  vol.  22,  p.  535.     Session  Laws,  1824,  Chap.  53.] 

^  Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  tract  of  land  granted  and 
known  by  the  name  of  Paulsburgh,  situated  in  the  County  of  Coos, 
shall  hereafter  be  called  and  known  by  the  name  of  Milan,  and 
shall  be  a  Town  by  that  name. 

Sec.  2.     And  be  it  further  enacted  that  the  inhabitants  of  said 

Township,  be  and  they  hereby  are  made  a  body  corporate  and 

politic,  with  all  and  the  same  rights,  powers  privileges  immunities 

and  liabilities  of  similar  corporations  in  this  state  and  that  said 

21 


32  2  LAWS   OF   NEW   HAMPSHIRE 

Town  shall  be  classed  with  the  towns  of  Northumberland  Stratford 
and  Piercy  for  electing  a  representative  until  otherwise  ordered  by 
the  Legislature 

Sec  3  And  be  it  further  enacted  that  for  the  purpose  of  duly 
organising  said  Town  a  meeting  of  the  inhabitants  thereof  legally 
qualified  to  vote  in  town  affairs  shall  be  holden  in  said  town  on  the 
first  Tuesday  of  February  next  at  which  meeting  Selectmen  and 
other  necessary  officers  may  be  elected,  to  continue  in  office  until 
others  are  chosen  agreeably  to  the  laws  of  this  State,  and  that  Cyrus 
Twitchel,  Abner  Hinds  and  Isaac  Hanes  or  any  two  of  them  be 
authorised  to  call  the  first  meeting  of  said  inhabitants  by  giving  the 
same  notice  as  is  by  law  required  for  annual  town  meetings 


[CHAPTER  24.] 


State  oj  I 

New  Hampshire,  j 


An  act  to  incorporate  Clement  Storer  and  others,  his  asso- 
ciates WITH  THE  EXCLUSIVE  RIGHT  AND  PRIVILEGE  OF  CUTTING  A 

canal,  and  constructing  locks,  slips  and  rail  ways  from 
Winnipiseoge  Lake  to  Piscataqua  river 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  95;  recorded 
Acts,  vol.  22,  p.  536.  See  acts  of  June  18,  181 1,  Laws  of  New  Hampshire, 
vol.  8,  p.  21;  June  21,  1817,  id.,  p.  629;  July  1,  1825,  post,  and  July  7,  1827, 
post.~\ 

Whereas  the  opening  a  communication,  by  water  from  Winnipi- 
seogee  Lake  to  that  branch  of  the  Piscataqua  called  the  Cocheco 
River  by  means  of  locks  canals,  slips  and  rail  ways,  would  be  of 
great  public  utility;  Therefore, 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Clement  Storer,  George  Sulli- 
van, Edward  Cutts,  James  Sheafe,  John  N.  Sherburn,  Nathan  B. 
Folsom,  Elijah  Hall  Elisha  Whidden  Charles  Coffin,  Samuel  Hale. 
Joshua  W.  Pierce,  Isaac  Waldron,  Benjamin  Penhallow  Timothy 
Upham,  George  Long,  John  K.  Pickering,  John  Ball  John  Williams, 
Asa  Freeman,  James  Bartlett,  Robert  Rogers,  Joseph  Smith, 
William  Flagg,  Nathaniel  W.  Ela,  Jesse  Varney,  John  Wheeler  Eri 
Perkins,  Barnabas  H.  Palmer,  John  B.  H.  Odiorne,  Jacob  M. 
Currier,  Isaac  Wendell,  Joseph  Doe,  Samuel  W.  Carr,  David 
Barker,  William  Barker,  Nehemiah  Eastman,  Jeremiah  Wingate 
Reuben  Hayes  Samuel  Willey,  Richard  Russel  Jonathan  C.  Everett, 
John  Towle  John  H.  Moulton  John  Coe  Ezekiel  Hayes  with  those 
who  are  or  shall  become  proprietors  with  them,  in  the  privileges 
aforesaid,  so  long  as  they  shall  continue  proprietors  thereof,  shall 


LAWS   OF   NEW   HAMPSHIRE  323 

be  a  corporation  and  body  politic  under  the  name  of  "The  Proprie- 
tors of  Winnipiseogee  Canal"  and  in  that  name,  may  sue  and  prose- 
cute be  sued  and  prosecuted  to  final  Judgment  and  execution;  and 
shall  be  and  hereby  are  invested  with  all  the  privileges  and  powers, 
and  subjected  to  all  the  liabilities,  which  by  law  are  incident  to 
Corporations  of  a  similar  nature 

Sec  2  And  be  it  further  enacted;  That  said  proprietors  shall  at 
any  meeting,  duly  notified  and  holden  as  they  shall  agree,  have 
power  to  make  and  establish  such  rules  and  by-laws  as  to  them  shall 
seem  necessary  and  convenient  for  the  regulation  and  government 
of  said  Corporation  for  carrying  into  effect  the  purposes  aforesaid 
and  for  collecting  the  toll  herein  after  granted;  and  the  same  rules 
and  by-laws  may  cause  to  be  executed,  and  may  annex  penalties 
to  the  breach  thereof,  provided  such  rules  and  by  laws  are  not 
repugnant  to  the  laws  and  constitution  of  this  State  And  all  rep- 
resentations at  any  meeting  of  said  Corporation  shall  be  proved  in 
writing,  signed  by  the  person  said  to  be  represented,  which  shall  be 
filed  with  the  Clerk,  who  shall  be  elected  by  said  proprietors;  and 
this  act,  and  all  rules  by-laws,  regulations  and  proceedings  of  said 
Corporation,  shall  be  fairly  and  truly  recorded  by  said  Clerk  in  a 
book,  or  books  to  be  by  him  provided  and  kept  for  that  purpose. 

Sec  3  And  be  it  further  enacted,  that  the  proprietors  afore- 
said, be,  and  they  are  hereby  authorized  and  permitted  to  cut  a 
Canal,  construct,  rail-ways  and  towing-paths  and  locke  all  the  falls 
between  the  waters  of  Winnipiseogee  Lake  in  the  County  of  Straf- 
ford and  that  branch  of  Piscataqua  river  called  Cocheco  river  below 
the  landing  so  called  in  Dover  in  such  route  and  direction  as  in  their 
judgment  shall  be  most  elegible  for  the  purpose  aforesaid 

Sec  4  And  be  it  further  enacted,  that  the  proprietors  aforesaid 
be  and  they  hereby  are  authorized  to  purchase  any  lands  contiguous 
to  said  Canal  and  hold  the  same  in  fee-simple;  and  any  share  or 
shares  of  any  individual  may  be  transferred  by  deed  duly  executed 
acknowledged  and  recorded  by  the  Clerk  of  said  proprietors  on 
their  records 

Sec  5  And  be  it  further  enacted  that  if  the  said  proprietors,  and 
owners  of  land  through  and  upon  which  said  Canal  may  be  cut,  and 
said  locks  and  slips  may  be  constructed,  shall  disagree  on  the  com- 
pensation to  be  made  for  the  land  necessary  to  be  appropriated  for 
that  purpose  and  shall  not  agree  in  appointing  persons  to  ascertain 
such  compensation,  the  Justices  of  the  Superior  Court  of  Judicature 
upon  the  application  of  the  owners  of  the  land  or  proprietors  afore- 
said fifteen  days  notice  in  writing  of  such  application  having  been 
first  given  to  the  adverse  party,  shall  appoint  a  Committee  who  shall 
ascertain  the  same,  in  the  same  way  that  compensation  is  made  to 
the  owners  of  land  for  highways,  as  usually  laid  out  provided 
nevertheless,  that  it  shall  not  be  lawful  for  said  proprietors  to  open 


324  LAWS  OF   NEW  HAMPSHIRE 

said  Canal,  and  erect  Locks  and  slips  as  aforesaid,  until  the  dam- 
ages which  may  be  done  to  the  owner  or  owners  of  land  through  and 
over  which  the  same  is  to  be  opened  and  erected,  is  ascertained,  and 
actually  paid  or  tender  thereof  made 

Sec  6  And  be  it  further  enacted  that  for  the  purpose  of  reim- 
bursing the  proprietors  aforesaid  for  cutting  said  Canal  and  locking 
the  same,  a  toll  be,  and  hereby  is  granted  for  all  goods,  wares, 
merchandize  and  lumber  that  may  be  transported  through  said 
Canal  from  the  waters  of  the  Winnipiseogee  Lake  to  that  branch  of 
the  Piscataqua  called  Cocheco  river,  below  the  landing  so  called 
in  Dover  and  also  from  said  Cocheco  river  to  said  Winnipiseogee 
Lake,  and  for  any  intermediate  distance,  between  the  aforesaid 
Lake  and  River  at  such  rates  as  may  be  established  by  the  Superiour 
Court  on  application  to  them  by  the  proprietors  aforesaid  after  the 
said  Canal  or  any  part  thereof  shall  have  been  made  navigable. 

Sec  7.  And  be  it  further  enacted  that  for  the  collection  of  the 
toll  established  as  aforesaid,  as  well  as  for  the  purpose  of  assisting 
in  the  conducting  of  Boats  Lumber  and  other  articles  through  the 
several  Locks  and  slips  pertaining  to  said  Canal,  there  shall  con- 
stantly be  in  readiness  at  said  Locks  and  slips  or  such  of  them  as 
shall  be  necessary,  a  proper  person  or  persons  who  shall  always 
attend  his  or  their  duty  therein  during  the  season  in  which  said 
Canal  shall  be  in  use,  provided  that  if  said  work  shall  not  have  been 
commenced,  and  the  sum  of  Five  Thousand  Dollars  actually  ex- 
pended thereon  within  five  years  from  the  passing  of  this  act,  then 
the  same  and  every  part  thereof  shall  be  void;  provided  also  that  if 
said  Canal  is  not  finished  or  so  far  completed,  as  to  convey  and  re- 
convey  any  and  every  article,  proper  to  be  transported  through  the 
same,  within  twelve  years  from  the  passing  of  this  act  the  same 
shall  be  considered  void,  except  as  to  such  part  of  said  Canal  as 
shall  have  been  completed  and  rendered  passable. 

Sec  8  And  be  it  further  enacted;  That  Clement  Storer  Joseph 
Smith  and  David  Barker  or  either  two  of  them  may  call  the  first 
meeting  of  said  Corporation  by  publishing  the  same  in  the  New- 
Hampshire  Republican  printed  at  Dover,  and  in  the  Portsmouth 
Journal,  printed  at  Portsmouth,  three  weeks  successively  the  last 
publication  to  be  four  weeks  prior  to  said  day  of  meeting 

Sec  9  And  be  it  further  enacted  that  this  act  shall  be,  and 
hereby  is  declared  to  be  a  public  law,  and  as  such  shall  be  given  in 
evidence  in  all  cases  whatever. 


LAWS  OF   NEW   HAMPSHIRE  325 

[CHAPTER  25.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  establish  a  Corporation  by  the  name  of  the  New 
Ipswich  Mill  Company. 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  96;  recorded 
Acts,  vol.  22,  p.  540.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  That  Charles  Barrett  Henry 
Isaacs  Ephraim  H.  Farrar  their  associates  and  successors,  be  and 
they  hereby  are  incorporated  and  made  a  body-politic  by  the  name 
of  the  New-Ipswich  Mill  Company;  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execution, 
and  be  so  called  and  known  in  all  cases  whatever,  and  they  are 
hereby  vested  with  the  powers  and  priveleges  which  are  incident 
to  corporations  of  a  similar  nature 

Sec  2  And  be  it  further  enacted,  That  said  Company  be  and 
hereby  is  authorized  and  empowered  to  establish  and  carry  on  the 
manufacture  of  starch,  paper  carding  of  wool,  the  grinding  of  grain 
and  such  other  business,  as  may  be  necessarily  and  conveniently  con- 
nected therewith,  at  New  Ipswich  in  the  County  of  Hillsborough; 
and  may  erect  and  maintain  all  such  mills,  dams  buildings  and 
machinery  as  may  be  requisite  for  these  purposes 

Sec  3  And  be  it  further  enacted  that  said  Company  may  pur- 
chase and  hold  such  real  and  personal  estate  as  may  necessary 
or  useful  in  conducting  the  manufactures  and  business  aforesaid 
and  for  the  convenient  management  thereof  upon  the  present,  or  a 
more  enlarged  scale  not  exceeding  in  amount  the  sum  of  Twenty 
Thousand  Dollars  and  the  same  may  sell,  alienate  and  dispose  of  at 
pleasure — 

Sec  4  And  be  it  further  enacted  That  any  two  of  the  persons 
above  named  may  call  the  first  meeting  of  said  Company  to  be 
holden  at  any  suitable  time  and  place,  by  advertisement  posted  at 
any  two  public  places  in  said  New-Ipswich,  at  least  fifteen  days 
prior  thereto,  or  by  giving  at  least  seven  days  personal  notice  of 
the  time  place  and  design  of  said  meeting.  At  which  the  members 
of  said  Company  may  agree  on  the  manner  of  calling  their  future 
meetings;  and  at  the  same  or  at  any  subsequent  meeting,  duly  no- 
tified and  holden,  they  may  choose  a  clerk  and  all  other  necessary 
officers,  for  conducting  the  concerns  of  said  Company;  may  divide 
their  capital  or  joint  stock  into  such  number  of  snares  as  they  may 
think  proper,  and  agree  on  the  method  of  transferring  them,  may 
order  assessments  and  fix  the  time  of  their  payment,  may  pass-by 
laws  not  repugnant  to  the  laws  of  the  State  for  their  regulations 


^26  LAWS  OF   NEW  HAMPSHIRE 

and  government,  and  do  and  transact  any  business  necessary  for 
carrying  into  effect  the  purposes  of  their  association. 

All  questions  shall  be  determined  by  a  majority  of  votes  present 
or  represented  at  any  meeting,  allowing  one  vote  to  each  share  in  all 
cases,  except  the  raising  of  money,  which  shall  require  three  fourths 
of  the  whole  number  of  votes  present  or  represented  and  absent 
members  may  vote  by  proxy,  being  authorized  in  writing  and  signed 
by  the  person  represented  and  filed  with  the  clerk 

Sec  5  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Company  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  non-payment  thereof 
within  the  time  fixed  for  their  payment  the  said  share  or  shares  may 
be  sold  at  public  auction  or  so  many  of  them  as  may  be  necessary 
to  pay  such  assessments,  with  incidental  charges,  under  such  regula- 
tions as  said  Company,  may,  in  its,  by-laws  prescribe — 


[CHAPTER  26.] 

State  af  ) 

New  Hampshire.  \ 

An  Act  granting  to  Phinehas  Walker  and  others  the  exclu- 
sive RIGHT  OF  BUILDING  AND  KEEPING  A  TOLL-BRIDGE  ACROSS  THE 
RIVER  BETWEEN  HOLDERNESS  AND  PLYMOUTH,  AND  TO  INCORPO- 
RATE THEM  BY  THE  NAME  OF  THE  PROPRIETORS  OF  PONT  FAYETTE. 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  97;  recorded 
Acts,  vol.  22,  p.  543.     See  additional  act  of  July  6,  1826,  post.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  there  be  and  hereby  is  granted 
to  Phinehas  Walker,  Josiah  Quincy,  William  Webster.  Arthur  Liv- 
ermore,  Nathaniel  Peabody  Rogers,  their  associates  and  successors 
the  exclusive  right  of  building,  repairing,  rebuilding  and  keeping  a 
tollbridge  across  the  river  between  Holderness  and  Plymouth  where 
Cochran's  ferry,  so  called,  is  now  kept  and  any  where  within  a  mile 
of  the  present  ferry  house,  and  the  rights  of  the  grantee  of  said 
ferry  and  of  his  heirs  and  assigns  in  relation  to  the  same  shall  be 
suspended  during  all  the  time  said  bridge  is  passable  and  shall 
revert  to  said  grantee,  his  heirs  and  assigns  when  the  said  bridge 
is  not  passable  according  to  the  provisions  of  an  act  entitled  "an  act 
granting  to  Edward  St.  Loe  Livermore  the  right  of  keeping  a  ferry", 
approved  June  19.  AD.  1804. — 

Sect.  2.  And  be  it  further  enacted,  that  the  property  or  estate 
of  such  bridge  as  shall  be  built  pursuant  to  this  act  shall  consist  of 
thirty  shares  and  no  more,  and  the  proprietors  which  shall  from  time 
to  time  be  of  said  shares  shall  be  a  corporation  by  the  style  of  "the 


LAWS  OF   NEW  HAMPSHIRE  327 

Proprietors  of  Pont  Fayette"  for  the  purposes  of  building,  repairing, 
rebuilding  and  keeping  said  bridge  and  of  demanding  and  taking  the 
tolls  in  and  by  this  act  granted  and  as  a  body  politic  shall  have  all 
the  rights  and  be  subject  to  the  several  duties  incident  to  similar 
corporations  in  this  State. 

Sect.  3.  And  be  it  further  enacted,  that  the  first  meeting  of  said 
proprietors  shall  be  at  the  house  of  Colonel  William  Webster  in 
Plymouth  aforesaid  on  the  twenty  fifth  day  of  March  next  at  ten  of 
the  clock  in  the  forenoon.  And  each  proprietor  shall  be  entitled  in 
all  cases  to  a  number  of  votes  equal  to  the  number  of  shares  he  shall 
possess. 

Sect.  4.  And  be  it  further  enacted,  that  the  tolls  to  be  taken  for 
the  use  of  said  bridge  shall  be  as  follows;  for  each  foot  passenger 
one  cent,  for  each  horse  and  rider  three  cents,  for  each  waggon 
drawn  by  one  horse  with  its  passengers  and  baggage  four  cents,  for 
each  chaise,  chair  or  sulkey  with  one  or  more  passengers  ten  cents, 
for  each  four  wheeled  carriage  for  passengers,  not  before  mentioned 
twenty  cents,  for  each  carriage  of  burthen  drawn  by  two  oxen  or 
two  horses  fifteen  cents,  for  each  carriage  of  burthen  drawn  by  more 
than  two  horses  or  oxen  twenty  five  cents,  for  each  horse,  mule,  jack 
or  neat  beast  other  than  sheep  one  cent,  for  each  sheep  or  swine  one 
fourth  of  a  cent,  for  each  sled  or  sleigh  drawn  by  one  beast  three 
cents  and  for  each  sled  or  sleigh  drawn  by  more  than  one  beast  six 
cents.  And  no  person  shall  have  a  right  to  pass  said  bridge  without 
first  paying  toll  as  aforesaid  except  those  herein  after  exempted 
from  such  payment.  And  the  said  proprietors  shall  cause  the  rates 
of  toll  herein  established  to  be  painted  in  legible  letters  on  a  board 
which  shall  be  put  in  some  conspicuous  place  on  or  near  the  toll 
house. 

Sect.  5.  And  be  it  further  enacted  that  said  corporation  may 
purchase  and  hold  one  half  of  an  acre  of  land  on  each  side  of  the 
dividing  line  between  Holderness  and  Plymouth  for  the  site  of  said 
bridge,  a  toll  house  and  the  necessary  appendages  thereof,  which 
land  and  buildings  and  also  the  property,  shares  and  estate  in  said 
bridge  shall  not  be  subject  to  taxation. 

Sect.  6.  And  be  it  further  enacted,  that  it  shall  be  the  right  of 
any  person  owning  one  share  or  more,  or  one  thirtieth  part  or  more 
of  said  bridge  to  use  the  same  by  himself,  his  family,  and  all  per- 
sons dwelling  or  residing  in  his  house,  with  his  and  their  horses, 
cattle,  carriages,  sleds  and  sleighs  at  all  times  free  of  any  toll  duty 
or  imposition  whatever. 

Sect.  7.  And  be  it  further  enacted,  that  the  terms  and  conditions 
of  this  grant  are  as  follows;  the  said  corporation  shall  erect  a  suffi- 
cient bridge  at  the  place  aforesaid  within  the  term  of  one  year  next 
ensuing,  and  shall  at  all  times  keeo  the  same  in  repair,  and  shall 
permit  every  person  paying  the  lawful  toll  to  use  the  same.  And  for 
defect  of  repairs  of  said  bridge  said  corporation  shall  be  subject  to 


32S  LAWS   OF   NEW  HAMPSHIRE 

indictment  as  town  corporations  are  for  neglecting  to  repair  high- 
ways; but  in  case  of  the  destruction  of  said  bridge  by  freshet  or 
otherwise  said  corporation  shall  rebuild  the  same  in  two  years  then 
next  ensuing  or  forfeit  this  grant. 


[CHAPTER  27.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  alter  the  Corporate  name  of  the  Lebanon  Cotton 
and  Woolen  Factory  Company — 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  98;  recorded 
Acts,  vol.  22,  p.  546.  See  act  of  incorporation  dated  June  23,  1814,  Laws  of 
New  Hampshire,  vol.  8,  p.  346.  See  act  of  incorporation  of  a  company  by 
the  same  name  dated  June  21,  1825,  post.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  Lebanon  Cotton  and  Woolen  Fac- 
tory Company,  may  assume  and  shall  be  hereafter  known  by  the 
name  of  the  Lebanon  Cotton  Factory  Company,  And  shall  have  all 
the  rights  and  privileges,  and  be  subject  to  all  the  liabilities  of  said 
Lebanon  Cotton  and  Woolen  Factory  Company — 


[CHAPTER  28.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  the  First 
Fire  Engine  Company  in  Claremont 

[Approved  December  16,  1824.  Original  Acts.  vol.  28,  p.  99;  recorded 
Acts,  vol.  22,  n.  546.  See  act  of  June  19,  1840,  Session  Laws,  June,  1840, 
Private  Acts,  Chap.  4.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Samue  Fiske  Thomas  Wool- 
son  Matthew  Porter  Abraham  Fisher  their  associates  and  successors 
be  and  they  hereby  are  incorporated  and  made  a  body  politic  by  the 
namp  and  stile  of  the  First  Fire  Engine  Company  in  Claremont  and 
by  that  name  may  sue  and  be  sued  prosecute  and  defend  to  final 
Judgment  and  Execution  and  be  known  and  distinguished,  in  all 
their  acts  and  proceedings,  and  they  are  hereby  vested  with  all  the 
powers  and  priveleges  and  subjected  to  all  the  liabilities  incident  to 
Corporations  of  a  similar  nature — 

Sec  2     And  be  it   further  enacted  that  said  Company  be  and 


LAWS   OF   NEW  HAMPSHIRE  329 

hereby  is  authorised  and  empowered  to  purchase  and  hold  real  and 
personal  estate  for  the  purposes  of  their  association  to  any  amount 
not  exceeding  one  thousand  Dollars  and  the  same  may  sell  convey 
and  dispose  of  at  pleasure — 

Sec  3.  And  be  it  further  enacted  that  the  said  Samuel  Fiske 
Thomas  Woolson  and  Matthew  Porter  or  any  two  of  them  may  call 
the  first  meeting  of  said  company  at  any  suitable  time  and  place  in 
Claremont  in  the  County  of  Cheshire  by  giving  to  the  members 
thereof  at  least  three  days  presonal  notice  of  the  time  place  and 
design  of  said  meeting;  at  which  meeting  the  said  members,  may  do 
and  transact  any  business  necessary  to  carry  into  effect  the  purposes 
intended  bv  this  act — 


[CHAPTER  29.] 

State  of         ) 
New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  the  First 
Fire  Engine  Company  in  Westmoreland — 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  100;  recorded 
Acts,  vol.  22,  p.  548.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Phineas  Hodges  Larkin 
Baker,  Prentis  Knight,  Stephen  Dean,  their  associates  and  successors 
be  and  they  hereby  are  incorporated  and  made  a  body  politic,  by  the 
name  and  stile  of  the  First  Fire  Engine  Company  in  Westmoreland 
and  by  that  name  may  sue  and  be  sued  prosecute  and  defend  to  final 
Judgment  and  Execution  and  be  known  and  distinguished  in  all  their 
acts  and  proceedings,  and  they  are  vested  with  all  the  powers  and 
priveleges  and  subjected  to  all  the  liabilities  incident  to  corporations 
of  a  similar  nature 

Sec  2.  And  be  it  further  enacted  that  said  Company  be  and 
hereby  is  authorised  and  empowered  to  purchase  and  hold  real  and 
personal  estate  for  the  purposes  of  their  association  to  any  amount 
not  exceeding  One  Thousand  Dollars,  and  the  same  may  sell  convey 
and  dispose  of  at  pleasure 

Sec  3  And  be  it  further  enacted  that  Phinehas  Hodges  Larkin 
Baker  and  Prentise  Knight  or  any  two  of  them  may  call  the  first 
meeting  of  said  Company  at  any  suitable  time  and  place  in  West- 
moreland in  the  County  of  Cheshire  by  giving  to  the  members 
thereof  at  least  three  days  personal  notice  of  the  time  place  and 
design  of  said  meeting  at  which  meeting  the  said  members  may  do 
and  transact  any  business  necessary  to  carry  into  effect  the  pur- 
poses intended  by  this  act— 


33°  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  30.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  divide  the  State  into  districts  for  the  choice  of 
representatives  for  this  state  in  the  congress  of  the 
United  States  and  to  prescribe  the  mode  of  their  elec- 
tion.— 

[Approved  December  16,  1824.  Original  Acts,  vol.  28,  p.  101;  recorded 
Acts,  vol.  22,  p.  549.  Session  Laws,  1824,  Chap.  60.  See  acts  of  February  7, 
1789,  Laws  of  New  Hampshire,  vol.  5,  p.  419;  June  17,  1790,  id.,  p.  518,  and 
July  6.  1826,  post.  This  act  repeals  acts  of  June  21,  1792,  Laws  of  New 
Hampshire,  vol.  6,  p.  45,  and  June  19,  1812,  id.,  vol.  8,  p.  128.  Repealed  by 
act  of  July  2,  1825,  post.'] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  this  State  be,  and  hereby  is, 
divided  into  six  districts  for  the  purpose  of  choosing  representatives 
of  this  State  in  the  Congress  of  the  United  States,  and  each  district 
shall  be  entitled  to  elect  one  representative  in  the  manner  hereinafter 
prescribed. — 

Sect.  2.  And  be  it  further  enacted,  that  the  said  districts  shall 
be  formed  and  limited  in  manner  following,  to  wit;  the  county  of 
Rockingham  shall  constitute  the  first  district;  the  county  of  Straf- 
ford shall  constitute  the  second  district;  the  county  of  Merrimack 
shall  constitute  the  third  district;  the  county  of  Hillsborough  shall 
constitute  the  fourth  district;  the  county  of  Cheshire  shall  consti- 
tute the  fifth  district;  and  the  counties  of  Grafton  and  Coos  shall 
constitute  the  sixth  district. 

Sect.  3.  And  be  it  further  enacted,  that  the  inhabitants  of  the 
several  towns  and  places  within  said  districts  qualified  to  vote  in  the 
choice  of  Senators  for  the  State  legislature,  shall  assemble  in  their 
respective  towns  or  places  on  the  first  Monday  of  November  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty  six,  and  on 
the  first  Monday  of  November  in  every  second  year  thereafter,  to 
vote  by  ballot  for  one  person,  duly  qualified,  to  represent  this  State 
in  the  Congress  of  the  United  States,  for  the  term  of  two  years  from 
and  after  the  third  day  of  March  then  next.  And  the  manner  of 
calling  and  governing  said  meetings,  in  the  several  towns  and  places, 
and  of  receiving,  sorting,  counting  and  declaring  the  votes  for  rep- 
resentatives in  Congress,  shall  be  the  same  as  is  by  law  prescrib°d 
in  relation  to  votes  for  State  officers;  and  a  full  and  fair  copy  of  the 
record  of  all  the  votes  shall  be  made  out  and  certified  by  the  clerks 
of  such  towns  and  places  respectively  and  sealed  up,  and  directed  to 
the  secretary  of  State,  with  a  superscription  exoressing  the  purport 
thereof;  and  the  several  clerks  aforesaid  shall  transmit  the  sam.e 
to  the  sheriff  of  the  County  in  which  their  respective  towns  are  sit- 


LAWS   OF   NEW  HAMPSHIRE  33  l 

uated,  within  ten  days  after  the  time  of  holding  said  meetings,  or 
shall  transmit  the  same  to  the  Secretary's  office  within  twenty  days 
after  the  time  of  holding  such  meetings;  and  the  several  sheriffs 
shall,  within  twenty  five  days  after  the  time  of  holding  such  meet- 
ings, transmit  to  the  secretary's  office  all  returns  of  votes  that  shall 
in  manner  aforesaid  have  been  delivered  to  them;  and  the  secretary 
shall,  as  soon  as  may  be,  lay  the  said  returns  before  the  Governor 
and  Council  to  be  by  them  examined,  and  in  case  of  an  election  in 
any  district,  by  a  majority  of  the  votes  returned  from  such  district, 
the  person  thus  chosen  shall  be  declared  duly  elected  and  the  Gov- 
ernor shall  forthwith  transmit  to  the  person  so  chosen  a  certificate  of 
such  choice,  signed  by  the  Governor  and  countersigned  by  the  Sec- 
retary. 

Sect.  4.  And  be  it  further  enacted,  that  in  case  no  person  shall 
be  chosen  by  a  majority  of  all  the  votes  returned  from  any  district, 
the  Governor,  with  advice  of  Council,  shall  cause  precepts  to  be 
issued  to  the  Selectmen  of  the  several  towns  and  places  within  such 
district  directing  and  requiring  said  selectmen  to  notify  and  warn 
the  inhabitants  of  their  respective  towns  and  places,  qualified  as 
aforesaid,  to  assemble  on  the  second  Tuesday  of  March  then  next 
following  to  give  in  their  votes  for  a  representative  of  this  State  in 
the  Congress  of  the  United  States  as  aforesaid.  And  the  ssid  meet- 
ings shall  be  called  and  governed  in  the  manner  hereinbefore  pre- 
scribed, and  the  inhabitants  assembled  at  said  meetings,  qualified 
as  aforesaid,  may  give  in  their  votes  for  any  person  duly  qualified  to 
represent  this  State  in  the  Congress. of  the  United  States,  and  the 
votes  for  such  representative  shall  be  received,  sorted,  counted,  de- 
clared, certified  and  returned  in  the  manner  prescribed  in  the  pre- 
ceding section  of  this  act,  excepting  that  they  may  be  returned  by 
the  several  town  clerks  and  sheriffs  at  any  time  within  the  periods 
allowed  for  the  return  of  votes  for  State  officers;  and  the  votes  so 
returned  to  the  secretary  of  State  shall  be  by  him  laid  before  the 
Governor  and  Council  at  the  time  the  votes  for  senators  in  the  State 
legislature  are  laid  before  them,  and  the  Governor  and  Council 
shall  examine  them  as  scon  as  may  be,  and  the  person  having  a 
majority  of  the  votes  on  said  second  balloting  shall  be  declared  duly 
elected,  and  a  certificate  of  his  election,  as  prescribed  in  the  third 
section  of  this  act,  shall  forthwith  be  transmitted  to  him. 

Sect.  5.  And  be  it  further  enacted,  that  in  case  no  person  shall 
be  elected  on  said  second  balloting  by  a  majority  of  the  votes  re- 
turned from  such  district,  the  Governor  with  advice  of  Council, 
shall  immediately  cause  precepts  to  be  issued  as  aforesaid,  directing 
meetings  of  the  inhabitants  of  the  several  towns  and  places  within 
such  district  to  be  called  at  the  time  prescribed  in  such  precepts, 
and  the  inhabitants  assembled  at  said  meetings,  qualified  as  afore- 
said, may  give  in  their  votes  for  any  person  duly  qualified  as  afore- 
said, to  represent  this  State  in  the  Congress  of  the  United  States; 


332  LAWS  OF   NEW  HAMPSHIRE 

and  the  said  meetings  shall  be  called  and  governed,  and  the  votes 
given  in  at  such  meetings  shall  be  received,  sorted,  counted,  de- 
clared, certified  and  returned  in  the  same  manner  as  is  prescribed 
in  the  third  section  of  this  act,  and  shall  be  examined  by  the  Gov- 
ernor and  Council  as  soon  as  may  be  after  the  return  thereof,  and 
the  person  having  the  highest  number  of  votes  on  said  third  ballot- 
ing shall  be  declated  duly  elected;  but  in  case  no  person  shall  be 
elected  on  said  third  balloting  by  reason  of  an  equality  of  votes,  the 
Governor  with  advice  of  Council,  shall  again  cause  precepts  to  be 
issued  as  aforesaid,  for  the  purpose  aforesaid,  and  the  same  pro- 
ceedings shall  be  had  as  are  before  prescribed  in  this  section  until 
some  person  shall  have  the  highest  number  of  votes,  and  a  certificate 
of  the  election  of  the  person  so  chosen  shall  forthwith  be  transmitted 
to  him  as  aforesaid. 

Sect.  6.  And  be  it  further  enacted,  that  whenever  any  vacancy 
shall  happen  in  the  representation  of  this  State  in  the  Congress  of 
the  United  States,  the  Governor  with  advice  of  Council  shall  cause 
precepts  to  be  issued  to  the  selectmen  of  the  several  towns  and 
places  within  the  district  in  which  such  vacancy  may  have  hap- 
pened, directing  and  requiring  them  to  notify  and  warn  the  inhab- 
itants of  such  towns  and  places,  duly  qualified  as  aforesaid,  to  as- 
semble on  the  day  in  such  precepts  mentioned,  to  give  in  their  votes 
for  a  representative  to  supply  such  vacancy;  and  the  same  proceed- 
ings shall  be  had  thereon  as  are  directed  in  the  third  section  of  this 
act,  and  in  case  no  person  shall  be  chosen  to  supply  such  vacancy, 
on  the  first  balloting,  by  a  majority  of  the  votes  returned  from  such 
district,  precepts  shall  forthwith  be  issued  as  aforesaid  to  supply 
such  vacancy,  and  the  same  proceedings  shall  be  had  as  are  herein- 
before prescribed,  and  the  person  having  a  majority  of  the  votes  on 
the  second,  or  the  highest  number  on  any  after  balloting,  shall  be 
declared  duly  elected,  and  a  certificate  of  the  election  of  the  person 
chosen  to  supply  such  vacancy  shall  forthwith  be  transmitted  to 
him;  provided,  however,  that  in  case  the  precepts  so  issued  shall  in 
any  case  direct  the  meeting  to  supply  such  vacancy  to  be  held  on  the 
second  Tuesday  of  March  in  any  year,  the  votes  so  given  in  at  such 
meeting  may  be  returned  and  counted  at  the  times  specified  in  the 
fourth  section  of  this  act. — 

Sect.  7.  And  be  it  further  enacted,  that  the  several  town  clerks 
and  sheriffs  shall  be  liable  to  the  same  penalties  for  neglect  of  the 
duties  enjoined  on  them  respectively  by  this  act  as  they  are  liable 
to  by  law  for  neglect  in  returning  the  votes  given  for  Governor, 
counsellors  and  senators. 

Sect.  8.  And  be  it  further  enacted,  that  an  act  entitled  "an  act 
directing  the  mode  of  choosing  representatives  to  the  Congress  of 
the  United  States,"  passed  June  21.  1792,  and  an  act  in  addition 
thereto,  passed  June  10.  181 2,  be  and  the  same  are  hereby  re- 
pealed; provided,  nevertheless,  that  the  said  acts  shall  so  far  con- 


LAWS   OF    NEW   HAMPSHIRE 


333 


tinue  in  force  that  all  elections  of  representatives  for  this  State  in 
the  nineteenth  Congress,  and  all  elections  to  supply  any  vacancies 
which  may  occur  in  the  representation  of  this  State  in  the  said  nine- 
teenth Congress,  shall  be  made  in  the  same  manner  as  if  this  act 
had  not  been  passed. 


[CHAPTER  31.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  for  making  and  establishing  a  new  proportion  for 
the  assessment  of  public  taxes  among  the  several  towns 
and  places  within  this  state  and  to  authorize  the  treas- 
urer to  issue  his  warrants  for  levying  the  same. 

[Approved  December  17,  1824.  Original  Acts,  vol.  28,  p.  102;  recorded 
Acts,  vol.  22,  p.  554.  Session  Laws,  1824,  Chap.  61.  See  also  act  of  Decem- 
ber 22,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  984-] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  of  every  thousand  dollars  of 
public  taxes  hereafter  to  be  raised,  the  proportion  which  each  town 
and  place  shall  pay  and  for  which  the  Treasurer  of  this  State  is 
hereby  authorized  to  issue  his  warrants  shall  be  as  follows,  to  wit; 


Atkinson 

Brentwood 

Candia 

Chester 

Deerfield 

East  Kingston 

Epping 

Exeter 

Greenland 

Hampstead 

Hampton 

Hampton  falls 

Hawke 

Kensington 

Kingston 

Londonderry 

New  Castle 

Newington 

New  Market 

Newtown 


County  of  Rockingham. 

three  dollars  and  twenty  one  cents 
four  dollars  and  fifty  three  cents 
five  dollars  and  fifty  four  cents 
eight  dollars  and  twenty  one  cents 
nine  dollars  and  fourteen  cents 
two  dollars  and  twenty  nine  cents 
seven  dollars  and  eight  cents 
nine  dollars  and  ninety  cents 
four  dollars  and  nine  cents 
three  dollars  and  eighty  cents 
four  dollars  and  fifty  eight  cents 
three  dollars  and  forty  cents 
one  dollar  and  eighty  eight  cents 
four  dollars  and  nineteen  cents 
three  dollars  and  sixty  seven  cents 
thirteen  dollars  and  twenty  seven  cents 
one  dollar  and  thirty  three  cents 
two  dollars  and  fifty  seven  cents 
four  dollars  and  thirty  three  cents 
one  dollar  and  eighty  eight  cents 


3 

4 

5 
8 

9 

2 

7 
9 
4 
3 
4 

3 

1 

4 
3 

13 

1 

2 

4 

1 


21 

53 
54 
21 

14 
29 
08 
90 
09 
80 

58 
40 
88 

19 

67 
27 

33 
57 

33 

88 


334 


LAWS   OF   NEW  HAMPSHIRE 


North  Hampton 

Northwood 

Nottingham 

Plaistow 

Poplin 

Portsmouth 

Raymond 

Rye 

Salem 

Sandown 

Seabrook 

South  Hampton 

Stratham 

Windham 


Alton 

Barnstead 

Barrington 

Brookfield 

Burton 

Centre  Harbour 

Chatham 

Conway 

Dover 

Durham 

Eaton 

Effingham 

Farmington 

Gilmanton 

Gilford 

Lee 

Madbury 

Meredith 

Milton 

Moultonborough 

Middleton 

New  Durham 

New  Hampton 

Ossipee 

Rochester 

Sanbornton 

Sandwich 

Somersworth 


three  dollars  and  seventy  nine  cents 

five  dollars  and  seventy  three  cents 

five  dollars  and  nine  cents 

two  dollars  and  thirty  cents 

two  dollars  and  ten  cents 

fifty  four  dollars  &  thirty  six  cents 

three  dollars  and  sixty  two  cents 

four  dollars  and  twenty  eight  cents 

four  dollars  and  ninety  four  cents 

two  dollars  and  sixty  cents 

three  dollars  and  twenty  eight  cents 

two  dollars  and  nineteen  cents 

four  dollars  and  sixty  two  cents 

three  dollars  and  fifty  three  cents 


County  of  Strafford. 

five  dollars  and  fifty  three  cents 

six  dollars  and  eight  cents 

six  dollars  and  thirty  nine  cents 

two  dollars  and  fourteen  cents 

sixty  one  cents 

one  dollar  and  eighty  cents 

one  dollar  and  twenty  seven  cents 

four  dollars  and  twenty  cents 

twelve  dollars  and  forty  five  cents 

seven  dollars  and  forty  five  cents 

three  dollars  and  twenty  nine  cents 

five  dollars  and  sixty  five  cents 

five  dollars  and  twenty  four  cents 

thirteen  dollars  and  ninety  three  cents 

six  dollars  and  twenty  seven  cents 

three  dollars  and  ninety  four  cents 

two  dollars  and  eighty  one  cents 

nine  dollars  and  one  cent 

four  dollars  and  twenty  cents 

four  dollars  &  forty  three  cents 

one  dollar  and  seventy  four  cents 

three  dollars  and  forty  three  cents 

five  dollars  and  three  cents 

five  dollars  and  forty  cents 

eight  dollars  and  forty  cents 

eleven  dollars  and  ninetv  seven  cents 

eight  dollars  and  fifty  cents 

four  dollars  and  thirteen  cents 


3 

79 

5 

73 

5 

09 

2 

30 

2 

10 

54 

36 

3 

62 

4 

28 

4 

94 

2 

60 

3 

28 

2 

19 

4 

62 

3 

53 

201 


32 


5 

53 

6 

08 

6 

39 

2 

14 

61 

1 

80 

1 

27 

4 

20 

12 

•45 

7 

45 

3 

29 

5 

65 

5 

24 

13 

93 

6 

27 

3 

94 

2 

81 

9 

01 

4 

20 

4 

43 

1 

74 

3 

43 

5 

03 

5 

40 

8' 

40 

n 

97 

8 

50 

4 

13 

LAWS  OF   NEW  HAMPSHIRE 


9  *%  r 

005 


Strafford 
Tamworth 
Tuftonborough 
Wakefield 
Wolf  borough 


Allenstown 

Andover 

Boscawen 

Bow 

Bradford 

Canterbury 

Chichester 

Concord 

Dunbarton 

Epsom 

Fishersfield 

Henniker 

Hooksett 

Hopkinton 

Loudon 

New  London 

Northfield 

Pembroke 

Pittsfield 

Salisbury 

Sutton 

Warner 

Wilmot 


Amherst 

Antrim 

Bedford 

Brookline 

D°erinpr 

Dunstable 

Francestown 

Goffstown 

Greenfield 


seven  dollars  and  twenty  four  cents 
four  dollars  and  fifty  one  cents 
four  dollars  and  twenty  five  cents 
four  dollars  and  ninety  four  cents 
five  dollars  and  sixty  one  cents 


County  of. Merrimack 

one  dollar  and  twenty  five  cents 
six  dollars  and  twenty  cents 
eight  dollars  and  eighty  six  cents 
three  dollars  and  fifty  four  cents 
four  dollars  and  fifty  two  cents 
seven  dollars  and  twenty  five  cents 
three  dollars  and  thirty  eight  cents 
thirteen  dollars  and  forty  three  cents 
four  dollars  and  sixty  seven  cents 
five  dollars  and  seventy  cents 
two  dollars  and  eighty  five  cents 
seven  dollars  and  eighty  five  cents 
two  dollars  and  seventy  five  cents 
eleven  dollars  and  forty  three  cents 
seven  dollars  and  seventeen  cents 
three  dollars  and  forty  seven  cents 
five  dollars 

five  dollars  and  ninety  four  cents 
five  dollars  and  twenty  six  cents 
nine  dollars  and  ninety  four  cents 
four  dollars  and  seventy  nine  cents 
seven  dollars  and  ninety  three  cents 
one  dollar  and  eighty  cents 


County  of  Hillsborough 

six  dollars  and  fifty  seven  cents 
five  dollars  and  forty  one  cents 
five  dollars  and  sixty  three  cents 
one  dollar  and  eighty  cents 
five  dollars  and  eighty  five  cents 
four  dollars  and  twenty  cents 
seven  dollars  and  forty  five  cents 
six  dollars  and  sixty  seven  cents 
three  dollars  and  seventy  one  cents 


7 
4 
4 
4 

5 


24 
5i 
25 
94 
61 


181  t  84 


I 

25 

6 

20 

8 

86 

3 

54 

4 

52 

7 

25 

3 

38 

13 

43 

4 

67 

5 

70 

2 

85 

7 

85 

2 

75 

11 

43 

7 

17 

3 

47 

5 

00 

5 

94 

5 

26 

9 

1  04 

4 

!79 

7 

0^ 

1 

80 

134  I  98 


6 

57 

5 

5 
1 

'41 
1  63 

1  80 

5 

'85 

4 

1  20 

7  1  45 
6  1  67 

3 

7i 

336 


LAWS   OF    NEW   HAMPSHIRE 


Hancock 

Hillsborough 

Hollis 

Litchfield 

Lyndeborough 

Manchester 

Mason 

Merrimack 

Milford 

Mount  Vernon 

New  Boston 

New  Ipswich 

Nottingham  West 

Pelham 

Peterborough 

Sharon 

Society  Land 

Temple 

Weare 

Windsor 

Wilton 


five  dollars  and  twenty  one  cents  5 

seven  dollars  and  sixteen  cents  7 

five  dollars  and  fifty  two  cents  5 

one  dollar  and  ninety  cents  1 

four  dollars  and  thirty  four  cents  4 

two  dollars  and  forty  eight  cents  2 

four  dollars  and  thirty  seven  cents  4 

four  dollars  and  thirty  three  cents  4 

four  dollars  and  ninety  five  cents  4 

three  dollars  and  twenty  three  cents  3 

seven  dollars  and  four  cents  7 

five  dollars  and  ninety  seven  cents  5 

four  dollars  and  ninety  cents  4 

four  dollars  and  sixty  nine  cents  4 

six  dollars  and  fifty  three  cents  6 

one  dollar  and  sixty  six  cents  1 
fifty  six  cents 

three  dollars  and  ten  cents  3 

eleven  dollars  and  ninety  three  cents  1 1 
eighty  nine  cents 
four  dollars  and  thirty  four  cents 


Acworth 

Alstead 

Charlestown 

Chesterfield 

Claremont 

Cornish 

Croydon 

Dublin 

Fitzwilliam 

Gilsum 

Goshen 

Grantham 

Hinsdale 

Jaffrey 

Keene 

Langdon 

Lempster 

Marlborough 

Marlow 

Nelson 

Newport 


County  of  Cheshire. 

seven  dollars 

six  dollars  and  eighty  six  cents 
seven  dollars  and  one  cent 
eight  dollars  and  sixty  two  cents 
eleven  dollars  and  thirty  cents 
seven  dollars  and  sixty  one  cents 
three  dollars  and  seventy  three  cents 
five  dollars  and  eleven  cents 
four  dollars  and  fifty  nine  cents 
two  dollars  and  six  cents 
two  dollars  and  fifty  cents 
three  dollars  and  fifty  nine  cents 
three  dollars  and  nineteen  cents 
five  dollars  and  ninety  two  cents 
nine  dollars  and  eighty  eight  cents 
three  dollars  and  four  cents 
three  dollars  and  sixty  one  cents 
three  dollars  and  thirty  two  cents 
three  dollars  and  twenty  six  cents 
three  dollars  and  eighty  one  cents 
seven  dollars  and  sixty  three  cents 


142 


7 
6 

7 

8 

11 

7 
3 
5 
4 
2 
2 

3 
3 
5 
9 
3 
3 
3 
3 
3 
7- 


LAWS  OF   NEW   HAMPSHIRE 


337 


Plainfield 

Richmond 

Rindge 

Roxbury 

Springfield 

Stoddard 

Sullivan 

Surry 

Swanzey 

Troy 

Unity 

Walpole 

Washington 

Wendell 

Westmoreland 

Winchester 


Alexandria 

Bath 

Bethlehem 

Bridge  water 

Bristol 

Campton 

Canaan 

Coventry 

Danbury 

Dorchester 

Dames  Gore 

Ellsworth 

Enfield 

Franconia 

Grafton 

Groton 

Hanover 

Haverhill 

Hebron 

Holderness 

Landaff 

Lebanon 

Lyme 

Lincoln 

Lisbon 

Littleton 

22 


six  dollars  and  eighty  one  cents 
five  dollars  and  sixteen  cents 
five  dollars  and  thirty  nine  cents 
one  dollar  and  fifty  three  cents 
three  dollars  and  sixty  two  cents 
five  dollars  and  thirty  eight  cents 
two  dollars  and  sixty  cents 
two  dollars  and  fifty  one  cents 
five  dollars  and  ninety  one  cents 
two  dollars  and  fifty  one  cents 
four  dollars  and  eighty  five  cents 
eleven  dollars  and  eight  cents 
four  dollars  and  seven  cents 
two  dollars  and  seventeen  cents 
seven  dollars  and  eighty  cents 
six  dollars  and  forty  eight  cents 


County  of  Grafton 

two  dollars  and  twenty  one  cents 

six  dollars  and  twenty  seven  cents 

one  dollar  and  fifty  six  cents 

two  dollars  and  forty  cents 

two  dollars  and  seventy  one  cents 

three  dollars  and  ninety  four  cents 

four  dollars  and  fifty  cents 

one  dollar  and  fourteen  cents 

one  dollar  and  sixty  five  cents 

two  dollars  and  twenty  seven  cents 

fourteen  cents 

fifty  three  cents 

five  dollars  eighty  four  cents 

one  dollar  and  twenty  six  cents 

three  dollars  sixty  two  cents 

two  dollars  forty  four  cents 

eight  dollars  seventy  cents 

six  dollars  sixty  three  cents 

one  dollar  and  ninety  five  cents 

four  dollars  and  eleven  cents 

three  dollars  and  eighteen  cents 

eight  dollars  and  one  cent 

seven  dollars  and  sixty  three  cents 

twelve  cents 

three  dollars  and  seventy  six  cents 

three  dollars  and  eighty  two  cents 


6 

8i 

5 

16 

5 

39 

i 

S3 

3 

62 

5 

38 

2 

60 

2 

5i 

5 

9i 

2 

5i 

4 

85 

ii 

08 

4 

07 

2 

17 

7 

80 

6 

48 

191 


51 


2 

21 

6 

27 

1 

56 

2 

40 

2 

7i 

3 

94 

4 

50 

1 

14 

1 

65 

2 

27 

14 

53- 

5 

84 

1 

26 

3 

62 

2 

44 

8 

70 

6 

63 

1 

95 

4 

11 

3 

18 

8 

01 

7 

63 

12 

3 

76 

3 

82 

338 


LAWS   OF    NEW   HAMPSHIRE 


Lyman 

New  Chester 

Orange 

Orford 

Peeling 

Piermont 

Plymouth 

Rumney 

Thornton 

Warren 

Wentworth 


four  dollars  and  forty  cents 

three  dollars  and  sixty  four  cents 

seventy  four  cents 

six  dollars  and  thirty  five  cents 

eighty  three  cents 

three  dollars  and  ninety  two  cents 

four  dollars  and  eleven  cents 

three  dollars  and  seventeen  cents 

three  dollars  and  two  cents 

two  dollars  and  thirty  nine  cents 

three  dollars  and  fifteen  cents 


126 


4 

40 

3 

64 

74 

6 

35 

83 

3 

92 

4 

11 

3 

17 

3 

02 

2 

39 

3 

IS 

II 


County  of  Coos 


Adams 

ninety  six  cents 

96 

Bartlett 

one  dollar  and  thirty  nine  cents 

1 

39 

Bretton  Woods 

twenty  five  cents 

25 

Cambridge 

twenty  cents 

20 

Colebrook 

one  dollar  and  eighty  five  cents 

1 

85 

Columbia 

one  dollar  and  eleven  cents 

1 

11 

Dalton 

one  dollar  and  twenty  eight  cents 

1 

28 

Dixville 

six  cents 

6 

Dummer 

thirty  six  cents 

36 

Errol 

forty  two  cents 

42 

Ervings  Location 

two  cents 

2 

Hales  Location 

four  cents 

4 

Harts  Location 

ten  cents 

10 

Jefferson 

one  dollar  and  five  cents 

1 

05 

Kilkenny 

thirty  cents 

30 

Lancaster 

three  dollars  and  three  cents 

3 

03 

Maynesborough 

twelve  cents 

12 

Millsfield 

twelve  cents 

12 

Northumberland 

one  dollar  and  sixty  five  cents 

1 

65 

Nash  &  Sawyers 

Location 

thirteen  cents 

13 

Paulsburg 

thirty  five  cents 

35 

Piercy 

sixty  eight  cents 

68 

Randolph 

forty  two  cents 

42 

Stratford 

one  dollar  and  sixty  five  cents 

1 

65 

Shelburne 

one  dollar  and  twenty  one  cents 

1 

21 

Shelburne  Addi- 

tion 

twenty  eight  cents 

28 

Stewartstown 

one  dollar  and  forty  three  cents 

1 

43 

Success 

twenty  four  cents 

24 

LAWS  OF   NEW   HAMPSHIRE  339 

08 


Whitefield  one  dollar  and  eight  cents 

Went  worth's  Lo- 
cation four  cents 

Winslow's  Loca- 
tion three  cents 


21     85 


4 
3 


Sect.  2.  And  be  it  further  enacted  that  the  same  shall  be  the 
proportion  for  the  assessment  of  all  public  taxes  until  a  new  pro- 
portion shall  be  made  and  established  and  that  the  Treasurer  for 
the  time  being  issue  his  warrants  accordingly. — 


[CHAPTER  32.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Proprietors  of  the  New-Chester  Union  Bridge. 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  103;  recorded 
Acts,  vol.  22,  p.  562.  See  acts  of  June  12,  1801,  Laws  of  New  Hampshire, 
vol.  7,  p.  17;  December  15,  1803,  id.,  p.  171;  December  21,  1805,  id.,  p.  437; 
December  20,  1808,  id.,  p.  732;  June  17,  1813,  id.,  vol.  8,  p.  230,  and  December 
20,  1842,  Session  Laws,  November,  1842,  Private  Acts,  Chap.  4.] 

Section  i  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Asa  Prescott,  George 
W.  Sumner  John  S.  Sanborn  their  associates  and  successors  be  and 
they  hereby  are  incorporated  and  made  a  body  politic  by  the  name 
of  the  Proprietors  of  the  New  Chester  Union  Bridge  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  Judgment 
and  Execution,  and  be  called  and  known  in  all  cases  whatever;  and 
hereby  are  vested  with  all  the  powers  and  privileges  which  are  by 
law  incident  to  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted  That  the  persons  above  named 
or  any  two  of  them  may  call  the  first  meeting  of  said  Proprietors  at 
any  suitable  time  and  place  by  posting  up  notifications  at  two  or 
more  public  places  in  said  New  Chester  at  least  fifteen  days  prior 
thereto,  or  by  giving  at  least  seven  days  personal  notice  of  the  time 
place  and  design  of  said  meeting.  At  which  said  first  meeting  or  at 
any  adjournment  thereof  there  shall  be  chosen  a  Clerk  who  shall 
be  sworn  faithfully  to  descharge  the  duties  of  said  office,  and  whose 
duty  it  shall  be  to  record  all  the  proceedings  of  said  Corporation, 
and  to  give  certified  copies  of  such  proceedings  when  required:  and 
at  the  same  or  at  any  subsequent  meeting  duly  notified  and  holden, 


34°  LAWS  OF   NEW  HAMPSHIRE 

the  said  proprietors,  may  divide  their  capital  or  joint  stock  into 
such  number  of  shares  as  they  may  deem  expedient  and  prescribe 
the  mode  of  transferring  them;  order  assessments  and  fix  the  time 
of  their  payment;  pass  by-laws  not  repugnant  to  the  laws  of  this 
State,  and  annex  penalties  to  the  breach  thereof  not  exceeding  ten 
Dollars  for  any  one  offence;  may  elect  such  officers  as  they  may 
deem  necessary,  and  prescribe  their  duties,  and  do  and  transact  any 
business  necessary  to  carry  into  effect  the  purposes  of  their  asso- 
ciation. 

All  elections  and  all  other  questions  shall  be  determined  by  a 
majority  of  votes  present  or  represented,  allowing  one  vote  to  each 
share;  and  all  representations  shall  be  made  in  writing,  signed  by 
the  person  represented  and  filed  with  the  Clerk — 

Sec  3.  And  be  it  further  enacted  that  the  said  Proprietors  are 
hereby  authorised  and  empowered  to  construct,  build  and  erect  a 
Bridge  over  and  across  the  Pemigewasset  Branch  at  Emersons 
Falls,  so  called  between  the  towns  of  New  Chester  and  Sandborn- 
ton,  or  at  any  place  within  one  mile  above  or  one  mile  below  said 
Falls,  and  the  same  from  time  to  time  rebuild  and  keep  in  repair 
forever;  and,  for  their  accommodation  and  convenience,  the  said 
Proprietors  are  hereby  authorised  to  purchase  and  hold  in  fee-simple 
or  less  estate,  so  much  land  as  may  be  necessary  on  one  or  both 
sides  of  said* Branch  not  exceeding  five  acres. 

Sec  4  And  be  it  further  enacted,  That  if  said  Proprietors  and 
the  owner  or  owners  of  land  adjoining  said  Branch  at  the  place 
where  said  Bridge  may  be  located,  cannot  agree  on  the  amount  of 
compensation  to  be  paid  for  said  land  nor  on  a  disinterested  person 
or  persons  to  ascertain  the  same,  the  said  Proprietors  may  apply 
to  the  Court  of  Sessions,  in  and  for  the  County  of  Grafton,  and  the 
said  Court  upon  such  application  and  after  due  notice  to  said  owner 
or  owners,  or  to  the  tenants  or  occupants  of  said  land,  shall  appoint 
one  or  more  suitable  persons  to  ascertain  and  determine  such  com- 
pensation and  the  said  Proprietors  upon  payment  or  tender  of  the 
sum  or  sum's,  so  ascertained  and  determined,  shall  have  a  right  to 
enter  and  take  possession  of  said  land  and  to  use  the  same  for  their 
and  the  public  accommodation,  and  as  the  convenience  of  both  may 
necessarily  require. 

Sec  5  And  be  it  further  enacted;  That  for  the  purpose  of  reim- 
bursing the  Proprietors  for  the  money  by  them  expended,  in  build- 
ing and  maintaining  said  Bridge,  a  toll  be  and  hereby  is  granted 
and  established  of  the  rates  following:  that  is  to  say,  For  each  foot 
passenger  one  cent,  for  each  horse  and  rider,  or  led  horse  three 
cents,  for  each  horse  and  chaise,  chair  sulkey  or  other  carriage  of 
pleasure,  drawn  by  one  horse  ten  cents,  if  drawn  by  more  than  one 
horse,  five  cents  for  each  additional  horse;  for  each  pleasure  sleigh 
drawn  by  one  horse,  four  cents,  and  for  each  additional  horse  two 


LAWS   OF   NEW  HAMPSHIRE  341 

cents;  for  each  cart  waggon,  or  other,  carriage  of  burden  drawn  by 
two  beasts,  ten  cents,  and  two  cents  for  each  additional  beast;  for 
each  sled  or  sleigh  of  burden,  if  drawn  by  two  beasts  four  cents,  and 
one  cent  for  each  additional  beast;  for  each  horse  or  mule  in  droves, 
one  and  a  half  cent;  for  each  neat  creature  one  cent;  for  each  sheep 
or  swine,  one  quarter  of  a  cent,  and  one  person  and  no  more  with 
each  team  shall  be  allowed  to  pass  free  of  toll 

Sec  6  And  be  it  further  enacted,  that  the  share  or  shares  in 
said  Bridge  shall  be  liable  and  holden  for  the  payment  of  all  assess- 
ments duly  made  thereon  and  upon  non-payment  thereof,  within 
the  time  fixed  for  their  payment  the  said  share  or  shares  may  be 
sold  at  public  auction,  or  so  many  of  them  as  may  be  necessary  to 
pay  such  assessments  with  incidental  charges  under  such  regula- 
tions as  said  proprietors  may,  in  their  by-laws  prescribe. 

Sec  7  And  be  it  further  enacted,  That  if  said  Bridge  shall  not 
be  completed  for  travelling  within  three  years  from  the  passing 
hereof,  then  this  act  and  every  part  thereof  shall  be  null  and  void 
Provided  that  this  act  shall  not  be  so  construed  as  to  infringe  any 
grant  heretofore  made  for  the  privilege  of  building  a  Toll  Bridge 
across  said  river. 


[CHAPTER  33.] 

State  of         _{ 
New  Hampshire.  \ 

An  Act  to  alter  the  name  of  John  Brown  4™  of  Hampton- 
falls 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  104;  recorded 
Acts,  vol.  22,  p.  565.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  That  John  Brown  4th  of  Hamp- 
tonfalls  in  the  State  of  New  Hampshire  is  hereby  authorised  to 
assume  the  name  of  John  Berry  Brown  and  shall  hereafter  be  called 
and  known  by  that  name,  in  transacting  business,  and  in  all  cases 
whatever. — 


342  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  34.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  disannexing  the  town  of  Wilmot  from  Senatorial 
District  No  ii  and  annexing  the  same  to  Senatorial  Dis- 
trict No  8. 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  105;  recorded 
Acts,  vol.  22,  p.  566.    Session  Laws,  1824,  Chap.  64.    Laws,  1830  ed.,  p.  313.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  the  town  of  Wilmot  in  the  County  of 
Merrimack  be  disannexed  from  Senatorial  District  No.  Eleven  and 
annexed  to  Senatorial  District  No  Eight. 


[CHAPTER  35.] 


State  of  ) 

New  Hampshire.  [ 


An  act,  to  disannex  the  Town  of  Conway  from  Senatorial 
District  No.  12,  and  to  annex  the  same,  to  Senatorial  Dis- 
trict No  6 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  106;  recorded 
Acts,  vol.  22,  p.  567.     Session  Laws,  1824,  Chap.  65.     Laws,  1830  ed.,  p.  313.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  town  of  Conway  in  the  County  of 
Strafford  be  and  hereby  is  disannexed  from  Senatorial  District  No 
Twelve;  and  annexed  to  District  No  6. 


[CHAPTER  36.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  in  Durham  by  the 
name  of  the  martin  luther  sacred  musick  society. 

[Appi-oved  December  18,  1824.  Original  Acts,  vol.  28,  p.  107;  recorded 
Acts,  vol.  22,  p.  567.] 

Whereas  the  persons  herein  after  named  have  associated  for  the 
laudable  purpose  of  improvement  in  the  knowledge  and  performance 
of  sacred  Musick  for  the  encouragement  and  promotion  of  that  ob- 
ject: Therefore. 


LAWS  OF   NEW  HAMPSHIRE  343 

Sec  i  Be  it  enacted  in  the  Senate  and  House  of  Representatives, 
in  General  Court  convened;  that  George  Hull,  Jacob  Odell,  Edward 
Pendexter  Samuel  Woodman,  William  J.  Thompson  Richard  Steele 
John  Farnum  Charles  Woodman  and  Samuel  B.  Buzzell  with  their 
associates  and  successors  be  and  they  hereby  are  created  a  body 
politick  and  corporate  in  Durham,  and  shall  forever  hereafter  con- 
tinue a  body  politick  and  corporate  by  the  name  and  style  of  the 
Martin  Luther  Sacred  Musick  Society,  with  all  the  powers  privi- 
leges and  liabilities  incident  to  corporations  of  this  nature,  and  by 
that  name  shall  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  in  any  Court  to  final  Judgment  and  Execution. 

Sec  2d  And  be  it  further  enacted:  That  said  Corporation  may 
receive  and  take  by  gift,  grant,  devise,  or  otherwise  and  hold  posses 
and  enjoy  lands,  rents  tenements  and  hereditaments  with  full  power 
to  bargain,  sell,  and  dispose  of  the  same  or  any  part  thereof,  and 
may  also  receive  subscriptions  grants  and  donations  of  personal 
estate,  provided  such  real  estate  shall  not  exceed  in  value  the  sum 
of  one  thousand  Dollars  and  such  personal  estate  shall  not  exceed 
the  sum  of  two  thousand  Dollars  for  the  use  and  purposes  of  the 
Incorporation 

Sec  3  And  be  it  further  enacted,  that  the  first  three  persons 
herein  before  named  or  any  two  of  them,  shall  have  full  power  to 
call  the  first  meeting  of  said  Corporation  at  such  time  and  place  as 
they  may  deem  proper  by  posting  up  a  notification  for  that  purpose 
at  the  brick  meeting-house  in  said  Durham  at  least  fifteen  days  prior 
to  said  day  of  meeting.  At  which  meeting  or  an  adjournment 
thereof  said  Corporation  may  pass  by-laws  and  transact  all  other 
necessary  business. 


[CHAPTER  37.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Northfield  Sacred  Music  Society 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  108;  recorded 
Acts,  vol.  22,  p.  569.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Enos  Hoit  Richard  Hazeltine 
Jeremiah  Tilton  Robert  Smith  and  their  associates  and  successors 
be  and  hereby  are  made  a  Corporation  by  the  name  of  the  North- 
field  Sacred  Music  Society  with  power  to  hold  personal  estate  not 
exceeding  five  hundred  Dollars  in  amount  for  the  support  and  im- 
provement of  sacred  music  in  the  town  of  Northfield,  and  with  all 
other  powers  and  privileges  incident  to  similar  corporations 


344  LAWS  OF   NEW   HAMPSHIRE 

Sec  2  And  be  it  further  enacted  that  Enos  Hoit  may  call  the 
first  meeting  of  the  members  of  said  Corporation  by  posting  up  at 
the  meeting-house  or  other  suitable  place  in  Northfield,  at  least  one 
week  prior  to  the  meeting,  a  notification  of  the  time  and  place  of 
holding  the  same. 


[CHAPTER  38.] 


State  oj  I 

New  Hampshire.  \ 


An  act  to  change  the  place  of  holding  the  May  Term  of  the 
Superior  Court  of  Judicature  and  the  September  Term  of 
the  Court  of  Sessions  in  the  County  of  Cheshire.     * 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  no;  recorded 
Acts,  vol.  22,  p.  570.     Session  Laws,  1824,  Chap.  68.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  after  the  first  day  of 
March  in  the  year  of  our  Lord  One  thousand  eight  hundred  and 
twenty  six,  the  Term  of  the  Superior  Court  of  Judicature,  which  is 
holden  at  Charlestown,  on  the  first  Tuesday  of  May  annually  in  this 
State,  and  the  Term  of  the  Court  of  Sessions,  which  is  holden  at 
said  Charlestown,  on  the  fourth  Tuesday  of  September  annually, 
be  holden  at  Newport  in  said  County,  provided  a  suitable  building 
for  the  accommodation  of  said  Courts  shall  be  erected  and  furnished 
for  that  purpose,  without  expense  to  said  County  and  notice  thereof 
shall  be  lodged  with  the  Clerk  of  said  Court  certified  by  the  Select- 
men of  said  Newport,  by  the  first  day  of  March  aforesaid 

Section  2  And  be  it  further  enacted  that  all,  writs,  venires,  re- 
cognisances, appeals,  actions,  indictments,  warrants  and  processes 
of  every  kind  which  may  be  made  returnable  to  said  Superior  Court 
of  Judicature  at  said  Charlestown  on  the  first  Tuesday  of  May  in 
the  year  of  Our  Lord  One  thousand  eight  hundred  and  twenty  six, 
shall  be  returned  to  and  sustained  by  said  Court  at  said  Newport 
provided  the  conditions  of  this  act  are  performed 


LAWS  OF   NEW  HAMPSHIRE  345 

[CHAPTER  39.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  authorise  the  Field  officers  of  the  twenty  sixth 
Regiment  of  Militia  in  this  State  to  organize  a  Company 
of  rifle-men  at  greenfield 

[Approved  December  18,  1824.  Original  Acts,  vol.  28,  p.  in;  recorded 
Acts,  vol.  22,  p.  571.     Session  Laws,  1824,  Chap.  69.] 

Section  i  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  the  Field  Officers  of 
the  twenty  sixth  regiment  of  militia  in  this  State  may  organize  one 
Company  of  rifle-men  at  Greenfield  in  the  County  of  Hillsborough, 
which  may  consist  of  thirty  six  rank  and  file,  to  be  officered  like  the 
Infantry  and  each,  non-commissioned  officer  and  private  shall  be 
armed  with  a  good  rifle  and  equipt  as  rifle-men  usually  are  in  actual 
service 

Section  2.  And  be  it  further  enacted  that  said  Company  when 
formed  agreeable  to  the  provisions  of  the  first  section  of  this  act, 
shall  be  annexed  to  the  twenty  sixth  regiment,  and  shall  be  subject 
to  the  same  liabilities  as  if  the  said  Company  had  been  organized, 
with  the  consent  of  the  Brigadier  General  of  the  fourth  Brigade. 


[CHAPTER  40.] 


State  of  } 

New  Hampshire.  { 


An  act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Winnipiseogee 
Bank. 

[Approved  December  20,  1824.  Original  Acts,  vol.  28,  p.  113;  recorded 
Acts,  vol.  22,  r>.  572.  Second  section  of  this  act  amended  July  5,  1834,  Acts, 
vol.  30,  p.  464.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court;  convened;  that  Daniel  Avery,  Daniel 
Tucker,  Dudley  Ladd,  Stephen  Perley,  Stephen  C.  Lyford,  Henry 
H.  Orne,  Nathaniel  Holmes  Daniel  Hoit,  Nathaniel  Shannon, 
William  Badger,  Stephen  L.  Greeley,  Zadock  Bowman,  Stephen 
Gale,  Ebenezer  Danford,  Nathan  Bachelder,  Jonathan  Ladd  John 
Durkee,  George  L.  Sibley,  Aaron  Martin,  Horatio  G.  Prescott, 
Daniel  Gale  3"  Francis  W.  Boynton,  Abraham  Perkins,  Lyman  B. 
Walker,  and  their  associates  and  those  who  may  hereafter  become 


346  LAWS  OF   NEW  HAMPSHIRE 

associates  in  said  Bank,  their  successors  and  assigns  shall  be  and 
they  hereby  are  created  and  made  a  Corporation  by  the  name  of 
the  President,  Directors  and  Company  of  the  Winnipiseogee  Bank, 
and  shall  so  continue  until  the  first  monday  in  January  which  will 
be  in  the  year  of  our  Lord  One  thousand  eight  hundred  and  forty 
six,  and  by  that  name  shall  be  and  hereby  are  made  capable  in  law 
to  sue  and  be  sued,  plead  and  be  inpleaded,  defend  and  be  de- 
fended in  any  Court  of  record,  or  any  other  place  whatever.  And 
also  to  make  and  use  a  common  seal,  and  the  same  to  break,  alter 
and  renew;  and  also  to  ordain,  establish  and  put  in  execution,  such 
by-laws  and  regulations  not  repugnant  to  the  laws  of  this  State,  as 
to  them  shall  appear  necessary  and  convenient  for  their  regulation 
and  government  and  for  the  prudent  management  of  the  affairs  of 
said  Corporation;  subject  always  to  the  limitations  and  provisions 
herein  after  prescribed;  Provided  that  said  Grantees  shall  within 
two  years  from  the  passage  of  this  act,  accept  the  provisions  thereof 
and  organize  and  put  said  institution  into  operation  under  the  same, 
in  default  of  which  this  act  shall  thereafter  be  void  and  of  no 
further  effect. 

Sec  2  And  be  it  further  enacted  that  the  capital  stock  of  said 
Corporation  shall  consist  of  a  sum  not  less  than  One  Hundred  Thou- 
sand Dollars  nor  more  than  One  Hundred  and  Fifty  thousand 
Dollars  in  specie  and  shall  be  divided  into  One  thousand  shares  and 
the  stockholders  at  their  first  meeting  by  a  majority  of  votes  shall 
determine  the  amount  of  payments  to  be  made  on  each  share  and 
the  time  when  they  shall  be  made;  Also  the  mode  of  transferring 
and  disposing  of  the  stock  and  the  profits  thereof  which  being  en- 
tered on  the  books  of  said  Corporation  shall  be  binding  on  the  stock- 
holders, their  successors  and  assigns;  Provided  that  no  stockholder 
shall  be  allowed  to  borrow  at  said  Bank  until  he  shall  have  paid  in 
his  full  proportion  of  said  sum  of  One  Hundred  thousand  Dollars 
at  least  and  provided  also  that  no  stock  holder  shall  ever  be  allowed 
to  borrow  more  than  seventy  five  per  cent  upon  his  stock  actually 
paid  in;  And  the  said  Corporation  is  hereby  made  capable  to  have, 
hold,  purchase,  and  possess,  to  them  and  their  successors  and  as- 
signs lands  tenements  and  hereditaments,  to  the  amount  of  Twenty 
five  Thousand  Dollars,  and  no  more  at  any  one  time,  with  power  to 
sell  and  convey  the  same,  and  to  loan  and  negociate  their  monies 
and  effects  by  discounting  on  banking  principles  on  such  personal 
security  as  they  shall  think  advisable. 

Sec  3  And  be  it  further  enacted  that  the  following  rules  limita- 
tions and  provisions  shall  form  and  be  the  fundamental  articles  of 
said  Corporation. 

i  That  the  said  Corporation  shall  not  issue  and  have  in  circula- 
tion at  any  one  time  bills,  notes,  or  obligations  to  a  grater  amount 
than  the  capital  stock  actually  paid  in  at  such  time  and  then  com- 


LAWS  OF   NEW  HAMPSHIRE  347 

posing  the  capital  stock  of  said  Bank,  and  in  case  any  Cashier,  Di- 
rector or  other  officer  of  said  Bank  at  any  time,  shall  knowingly 
issue  or  order,  direct  or  cause  to  be  issued  and  put  in  circulation, 
bills,  notes,  or  obligations  of  said  Bank  which  together  with  those 
before  issued  and  then  in  circulation  shall  exceed  the  amount  of  the 
capital  stock  of  said  Bank  as  aforesaid,  such  cashier,  Director  or 
other  officer  shall  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
Dollars  nor  less  than  one  thousand  Dollars. 

2  That  dividends  may  be  made  semi-annually  among  the  stock- 
holders of  said  Bank  of  interest  or  profits  actually  received;  but  no 
part  of  the  Capital  stock  of  said  Bank  shall  be  divided  among  or 
paid  to  the  stockholders,  either  before  or  after  the  expiration  of  the 
time  limited  by  this  act  for  the  continuance  of  said  Corporation, 
without  the  lisence  of  the  Legislature  of  this  State  therefor  on  pen- 
alty that  any  cashier  Director  or  other  officer  who  shall  so  divide  or 
pay  the  same  or  order,  direct  or  cause  the  same  to  be  paid  or  divided, 
shall  therefor  forfeit  and  pay  a  sum  not  exceeding  Ten  Thousand 
Dollars  nor  less  than  One  thousand  Dollars;  Provided  nevertheless 
that  it  shall  be  lawful  for  the  stockholders  after  -having  given  one 
year's  previous  notice  of  their  intention  by  advertisement  in  two 
newspapers  published  in  this  State  and  after  payment  of  all  out- 
standing debts  due  from  said  Bank,  to  make  division  of  the  capital 
stock  among  themselves  and  thereby  dissolve  said  Corporation. 

3  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the  sum 
composing  the  capital  stock  of  said  Bank,  by  any  means  whatever, 
it  shall  be  the  duty  of  the  Directors  in  their  next  annual  return  of 
the  condition  of  said  Bank,  by  law  required  to  be  made  to  the  Gov- 
ernor and  Council,  to  state  the  amount  of  such  dimunition  or  loss 
and  the  cause  thereof;  and  after  such  loss  or  dimunition  no  dividend 
of  interest  or  profits  shall  be  made  until  such  dimunition  shall  have 
been  replaced  and  supplied  by  assessments  and  actual  payments  of 
the  stockholders,  or  by  appropriations  therefor  of  the  interest  and 
profits  actually  received. 

4th  That  said  Corporation  shall  not  vest,  use  nor  improve  any 
of  their  monies,  goods  chattels  or  effects  in  trade  or  commerce  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession  by 
way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or  sums 
loaned 

5  That  none  but  a  member  of  said  Corporation  being  a  citizen 
of  this  State,  and  resident  therein  shall  be  eligible  for  a  Director, 
and  the  Directors  shall  choose  one  of  their  own  number  to  act  as 
President.  The  Cashier  before  he  enters  on  the  duties  of  his  office, 
shall  give  bond  with  two  or  more  sureties  to  the  satisfaction  of  the 
Board  of  Directors,  in  a  sum  not  less  than  Twenty  Five  Thousand 
Dollars,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office 


348  LAWS  OF   NEW  HAMPSHIRE 

6  That  for  the  well  ordering  of  the  affairs  of  said  Corporation 
a  meeting  of  the  stock  holders  shall  be  holden  at  such  place  as  they 
shall  direct  on  the  first  monday  of  July  annually  from  and  after  their 
first  meeting,  and  at  any  other  time  during  the  continuance  of  said 
Corporation  at  such  place  as  may  be  appointed  by  the  President  and 
Directors  for  the  time  being  by  public  notification  being  given  at 
least  two  weeks  prior  thereto;  at  which  annual  meeting  there  shall  be 
chosen,  by  ballot  not  less  than  seven  Directors;  to  continue  in  office 
the  year  ensuing  their  election  and  until  others  shall  be  chosen  in 
their  stead.  And  the  number  of  votes  each  stockholder  shall  be  enti- 
tled to  shall  be  according  to  the  number  of  shares  he  shall  hold  in 
the  following  proportion;  that  is  to  say,  for  every  one  share,  one 
vote,  for  every  two  shares  above  one  and  not  exceeding  twenty,  one 
vote,  for  every  three  shares  above  twenty,  one  vote;  provided  that 
no  one  stockholder  shall  be  entitled  to  more  than  thirty  votes.  Ab- 
sent members  may  vote  by  proxy,  being  authorized  in  writing  signed 
by  the  person  represented,  and  filed  with  the  Cashier 

7.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services,  but  the  .stock-holders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  not  less  than  a  majority  of  the  Directors  shall  constitute 
a  board  for  the  transaction  of  business  of  whom  the  President  shall 
be  one  except  in  the  case  of  sickness  or  necessary  absence  in  which 
case  the  Directors  may  choose  a  Chairman  for  the  time  being  in  his 
stead 

9.  That  all  bills  issued  from  said  Bank  signed  by  the  President 
and  countersigned  by  the  Cashier  shall  be  binding  on  said  Corpora- 
tion. 

10.  That  the  Directors  shall  appoint  a  Cashier  Clerks,  and  such 
other  officers,  agents  or  servants  for  conducting  the  business  of  the 
Bank,  with  such  salaries  as  to  them  shall  seem  just  and  proper. 

n.  That  the  aforesaid  Bank  shall  be  established  and  kept  in 
Meredith  in  the  Village  at  Meredith  Bridge  in  the  County  of  Straf- 
ford 

12.  That  the  Legislature  shall  at  all  times  have  the  right,  by 
persons  duly  appointed  for  that  purpose  to  examine  into  the  state 
and  condition  and  all  the  doings  of  said  Corporation,  and  of  their 
officers  relating  to  the  same,  for  which  purpose  all  the  Books  and 
papers  of  the  Corporation  together,  with  their  money  and  securities 
for  money  shall  be  exhibited  and  submitted  to  the  inspection  and 
examination  of  such  persons  so  appointed;  and  each  officer  of  said 
Corporation  shall  answer  on  oath,  if  required,  all  suitable  and  proper 
interrogatories  relating  to  the  state  and  condition  or  transactions  of 
said  Bank. 

Sec  4  And  be  it  further  enacted,  that  the  said  Daniel  Avery, 
Daniel  Tucker  and,  Dudley  Ladd  or  any  two  of  them  may  call  a 


LAWS   OF   NEW   HAMPSHIRE  349 

meeting  of  said  Corporation  at  such  time  and  place  as  they  may 
see  fit,  by  giving  public  notice  thereof  at  least  two  weeks  prior  to 
the  time  of  meeting  by  advertising  in  some  newspaper  printed  in 
the  town  of  Concord;  for  the  purpose  of  ordaining  and  establishing 
such  by  laws  and  regulations,  as  the  said  members  may  deem  nec- 
essary and  for  the  choice  of  the  first  Board  of  Directors,  and  such 
other  officers  as  they  may  see  fit  to  choose. 

Sec  5  And  be  it  further  enacted;  that  all  penalties  incurred  for 
a  breach  of  any  of  the  provisions  of  this  Act  may  be  recovered  by 
information  or  suit  in  the  name  of  the  State. 


[CHAPTER  41.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  the  Sandwich  Academy 

[Approved  December  20,  1824.  Original  Acts,  vol.  28,  p.  115;  recorded 
Acts,  vol.  22,  p.  578.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  Paul  Wentworth  Samuel 
Emerson,  Elisha  Hanson,  Benjamin  Jewett,  Jeremiah  Furber 
William  Cogan,  John  Hubbard  Nicholas  G.  Norris,  John  Adams, 
Asahel  Adams,  and  their  associates  and  successors  be  and  hereby 
are  created  and  made  a  Corporation  for  the  diffusion  of  literature 
and  science  by  the  name  of  the  Sandwich  Academy  with  continuance 
and  succession  forever. 

Sec  2  And  be  it  further  enacted  that  said  Corporation  may  hold 
real  and  personal  estate  to  the  amount  of  three  thousand  Dollars 
free  from  taxation — may  make  and  establish  rules  and  by-laws  for 
the  regulation  and  government  of  said  Academy  and  may  have  and 
exercise  all  the  powers  and  privileges  incident  to  similar  corpora- 
tions 

Sec  3  And  be  it  further  enacted  that  said  Academy  shall  be 
established  near  Little's  corner  in  Sandwich  and  that  the  said  Paul 
Wentworth,  Samuel  Emerson  and  Elisha  Hanson  or  any  two  of 
them  may  call  the  first  meeting  of  said  Corporation  by  giving  per- 
sonal notice  to  each  individual  or  by  posting  up  written  notice  of  the 
time  place  and  design  of  said  meeting  in  three  public  places  in  said 
Sandwich  at  least  seven  days  before  the  time  of  holding  the  same. 


35°  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  42.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  in  addition  to  and  in  amendment  of  the  several  acts 
now  in  force  regulating  "the  proceedings  for  extinguish- 
ing fires 

[Approved  December  20,  1824.  Original  Acts,  vol.  28,  p.  116;  recorded 
Acts,  vol.  22,  p.  579.  Session  Laws,  1824,  Chap.  72.  See  also  acts  of  April  6, 
1 781,  Laws  of  New  Hampshire,  vol.  4,  p.  380;  June  17,  1794,  id.,  vol.  6,  p. 
188;  November  30,  1803,  id.,  vol.  7,  p.  169;  June  27,  1818,  id.,  vol.8,  p.  723,  and 
December  21,  1824,  post.    Repealed  December  16,  1828,  post.} 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  in  the  town  of  Portsmouth 
(and  in  every  other  town  in  this  State  which  at  a  legal  meeting,  may 
vote  to  adopt  the  provisions  of  this  act)  every  house  or  other  -build- 
ing, of  two  or  more  stories  in  height,  which  has  four  fire  places  shall 
be  provided  with  two  leather  buckets  of  such  size  and  form  as  the 
fire-wards  of  such  town  shall  from  time  to  time  prescribe;  and  every 
such  house  or  other  building  which  has  six  fire-places  shall  be  pro- 
vided with  three  such  buckets  and  every  such  house  or  building  which 
has  eight  fire-places  shall  be  provided  with  four  such  buckets  and 
every  such  house  or  building  which  has  more  than  eight  fire-places 
shall  be  provided  with  six  such  buckets;  which  buckets  shall  be  pro- 
vided and  kept  in  good  repair  at  the  charge  of  the  owner  or  owners 
of  such  house  or  building;  and  in  case  the  owner  or  owners  of  such 
house  or  building  shall  neglect  to  provide  said  buckets,  or  shall 
neglect  to  provide  secure  ladders  as  is  prescribed  in  the  act  'entitled 
"an  act  to  regulate  the  proceedings  for  extuinguishing  fires"  passed 
April  6  A.D.  1781  for  thirty  days,  after  having  been  directed  by  the 
fire-wards  of  such  town  to  provide  such  buckets  or  ladders,  it  shall 
be  the  duty  of  said  fire-wards  to  provide  such  buckets  or  ladders 
for  such  house  or  building  at  the  expense  of  the  town;  and  such 
town  may  recover  the  amount  thereof  against  the  owner  or  owners 
of  such  house  or  building  by  an  action  of  debt  before  any  court 
competent  to  try  the  same  and  such  action  may  be  brought  by  the 
firewards  in  the  name  and  behalf  of  souch  town. 

Sec  2  And  be  it  further  enacted;  that  whenever,  in  the  opinion 
of  the  fire-wards  any  building  in  such  town  has  become  dangerous 
by  reason  of  decay,  or  want  of  repairs,  it  shall  be  the  duty  of  the 
firewards  to  give  a  written  notice  thereof  to  the  owner  or  owners  of 
such  building  if  residing  within  the  town;  or  to  the  occupant  of  such 
building  if  the  owner  or  owners  do  not  reside  within  the  town  or  in 
case  the  owner  or  owners  do  not  reside  within  the  town  and  there  be 
no  occupant  of  such  building  there  to  post  up  said  notice  in  at  least 


LAWS   OF   NEW  HAMPSHIRE  351 

three  public  places  in  said  town;  which  notice  shall  in  all  cases,  con- 
tain a  particular  account  of  the  repairs  required  to  be  done;  and 
in  case  such  repairs  be  not  made  within  thirty  days  from  the  time 
of  giving,  or  posting  up,  said  notice  as  aforesaid,  the  firewards 
may  cause  such  repairs  to  be  made  at  the  expense  of  the  town;  and 
such  town  may  recover  the  amount  thereof  against  such  owner  or 
owners  by  an  action  of  debt  before  any  court  competent  to  try  the 
same  and  such  action  may  be  brought  by  the  fire-wards  in  the  name 
and  behalf  of  said  town:  And  in  case,  in  the  opinion  of  the  fire- 
wards  such  building  be  in  a  ruinous  state  and  not  worth  repairing, 
and  the  owner  or  owners  do  not  within  sixty  days  from  the  time  of 
such  notice,  make  the  repairs  required  therein,  the  said  fire-wards 
may  cause  such  building  to  be  demolished,  at  the  expense  of  the 
town,  and  shall  make  out  a  particular  account  of  such  expense  and 
cause  the  same  to  be  filed  with  their  Secretary  or  Clerk;  and  in  case 
the  owner  or  owners  do  not  within  five  days  from  such  filing  repay 
the  amount  of  such  expense,  the  said  fire-wards  may  sell  by  public 
auction  the  materials  of  such  building;  and  from  the  proceeds  of 
such  sale  shall  retain  the  amount  of  such  expense,  and  the  charge  of 
sale,  and  the  over-plus,  if  any,  shall  pay  over  to  the  owner  or  owners 
of  such  building  when  thereto  requested 

Sec  3  And  be  it  further  enacted,  that  it  shall  be  the  duty  of  the 
Selectmen  of  such  town  to  advance  to  the  fire-wards  from  time  to 
time  when  thereto  requested,  such  sums  as  may  be  necessary  to  carry 
into  effect  the  provisions  of  this  act;  And  it  shall  be  the  duty  of  the 
firewards  in  such  town  annually  in  the  month  of  March  and  before 
the  annual  town  meeting  to  transmit  to  the  Selectmen  an  exact  ac- 
count of  their  receipts  and  expenditures  in  said  office  of  fire-wards, 
which  account  the  Selectmen  shall  lay  before  the  town  at  such 
annual  meeting,  or  at  any  meeting  adjourned  therefrom.  And  all 
penalties  recovered  under  the  several  acts  to  which  this  is  an  addi- 
tion shall,  be  in,  such  town  to  the  use  of  the  fire  wards,  and  shall  be 
by  them  accounted  for  to  the  Selectmen,  in  their  annual  account 
as  aforesaid 

Sec  4  And  be  it  further  enacted  that  all  acts  and  parts  of  acts 
heretofore  passed  that  are  inconsistent  with  the  provisions  of  this 
act,  be  and  the  same  are  hereby  repealed,  so  far  as  respects  said 
town  of  Portsmouth  and  such  other  towns  as  may  adopt  the  provi- 
sions of  this  act. 


352  LAWS   OF  NEW  HAMPSHIRE 

[CHAPTER  43.] 

State  of  I 

New  Hampshire.  ] 

An  Act  to  establish  a  Court  of  Common  Pleas  for  the  State 
of  New  Hampshire. 

[Approved  December  20,  1824.  Original  Acts,  vol.  28,  p.  118;  recorded 
Acts,  vol.  22,  p.  582.  Session  Laws,  1824,  Chap.  73.  See  also  Acts  of  June 
24,  1813,  Laws  of  New  Hampshire,  vol.  8,  p.  251;  November  5,  1813,  id.,  p. 
276;  June  27,  1816,  id.,  p.  501;  December  15,  1820,  id.,  p.  934;  June  27,  1821, 
ante,  p.  23,  and  June  22,  1826,  post.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  there  be  and  hereby  is  estab- 
lished a  Court  of  Common  Pleas  for  the  State  of  New  Hampshire, 
consisting  of  a  Chief  Justice  and  two  associate  justices  to  be  ap- 
pointed and  commissioned  as  is  by  the  constitution  provided,  and  to 
be  held  by  two  or  more  of  said  justices  in  each  county  in  the  State,  at 
the  times  and  places  hereinafter  appointed.  And  the  justices  of  said 
court  shall  have  power  from,  time  to  time,  to  make  and  establish  all 
such  rules  for  the  entry  of  actions  and  for  the  admission  of  attornies, 
filing  pleas  in  abatement  and  demurrers  to  declarations,  and  for  the 
orderly  and  well  conducting  the  business  of  the  court,  as  they  may 
deem  proper. 

Sect.  2.  And  be  it  further  enacted,  that  said  court  of  Common 
Pleas  shall  have  original  jurisdiction  in  all  civil  actions  arising  within 
the  said  counties  respectively,  excepting  those  in  which  justices  of 
the  peace  have  jurisdiction,  and  appellate  jurisdiction  in  all  appeals 
from  justices  of  the  peace,  both  in  civil  actions  and  criminal  prose- 
cutions; and  final  jurisdiction  in  cases  of  bastardy;  and  in  all  per- 
sonal actions,  wherein  the  sum  demanded  in  damages  shall  not 
exceed  fifty  dollars.  And  whenever  it  shall  so  happen  that  a  quorum 
of  said  court  shall  not  attend  at  the  time  and  place  at  which  said 
court  by  law,  or  adjournment,  was  to  have  been  holden,  the  sheriff 
of  the  county  may  adjourn  the  said  court  from  time  to  time  as  the 
circumstances  of  the  case  may  require;  provided  that  the  Superior 
Court  of  Judicature  shall  have  original  jurisdiction  concurrent  with 
the  Court  of  Common  Pleas  of  all  real  actions  and  of  all  personal 
actions  wherein  the  sum  demanded  in  damages  shall  exceed  one  hun- 
dred dollars,  and  in  all  personal  actions  commenced  in  the  Superior 
Court  of  Judicature,  if  the  plaintiffs  shall  not  recover  in  debt  or 
damages  the  sum  of  one  hundred  dollars  he  shall  not  recover  any 
cost,  but  the  defendant  shall  recover  cost  and  have  a  separate  judg- 
ment therefor  which  may  be  set  off  against  the  plaintiffs  judgment 
or  the  plaintiffs  judgment  may  be  set  off  against  the  judgment  which 
the  defendant  may  recover  as  is  provided  in  the  fifth  section  of  this 
act. — 


LAWS  OF   NEW  HAMPSHIRE  353 

Sect.  3.  And  be  it  further  enacted,  that  all  writs  and  processes 
issuing  Irom  the  Court  of  Common  Pleas  shall  be  in  the  name  of  the 
State  of  New  Hampshire,  shall  bear  test  of  the  chief  justice,  when 
not  a  party,  and  of  one  of  the  associate  justices  when  the  chief  jus- 
tice is  a  party,  or  the  office  is  vacant,  and  shall  be  under  the  seal  of 
said  court  and  signed  by  the  clerk  of  said  court  in  the  county  where 
the  writ  or  process  may  be  returnable,  and  shall  have  force,  be 
obeyed  and  executed  in  every  county  within  the  State.  And  all 
original  processes  shall  be  summons,  capias,  or  attachment,  and  shall 
be  served  and  returned  in  the  same  way  and  manner  as  is  now  pro- 
vided by  law  for  similar  processes.  And  the  forms  of  all  processes 
and  executions  shall  be  so  far  altered  and  changed  as  to  conform  to 
the  provisions  of  this  act. 

Sect.  4.  And  be  it  further  enacted,  that  any  party  aggrieved  at 
any  judgment  not  rendered  on  default,  of  the  court  of  Common 
pleas  in  any  real  action,  or  in  any  personal  action,  wherein  issue  has 
been  joined,  in  which  the  damages  demanded  shall  exceed  the  sum 
of  fifty  dollars,  may  appeal  therefrom  to  the  next  superior  court 
of  judicature,  to  be  held  within  and  for  the  county  where  such  judg- 
ment may  have  been  rendered ;  and  where  any  such  appeal  shall  be 
made  by  any  plaintiff  and  he  shall  not  recover  more  than  fifty  dollars 
in  the  superior  court  of  judicature,  he  shall  not  recover  any  cost  on 
such  appeal;  but  the  defendant  shall  recover  his  costs,  and  shall 
have  a  separate  judgment  therefor;  and  when  an  appeal  shall  be 
made  by  the  defendant  and  he  shall  not  reduce  the  damages  recov- 
ered in  the  court  appealed  from,  the  plaintiff  shall  recover  double 
costs  of  suit  accruing  on  the  appeal.  And  in  case  the  party  appeal- 
ing shall  neglect  to  enter  his  appeal,  the  court  appealed  to,  at  the 
term  to  which  such  appeal  was  claimed,  may,  upon  complaint,  pro- 
ceed to  render  judgment  thereon  agreeably  to  the  provisions  of  this 
act. — 

Sect.  5.  And  be  it  further  enacted,  that  the  court  appealed  to 
shall  set  off  such  judgment  as  the  defendant  may  recover  against  the 
judgment  which  the  plaintiff  may  recover  in  said  suit  or  such  judg- 
ment as  may  be  recovered  by  the  plaintiff  against  the  judgment 
which  the  defendant  may  recover  in  said  suit.  And  the  appellant 
shall  produce  in  the  court  appealed  to,  attested  copies  of  the  writ, 
judgment  and  proceedings,  and  of  all  the  papers  used  and  filed  in 
the  cause  in  the  court  below. 

Sect.  6.  And  be  it  further  enacted,  that  any  party  may  allege 
exceptions  to  any  opinion,  direction  or  judgment  of  said  court  of 
Common  Pleas  in  any  matter  of  law,  happening  in  any  action  in 
which  said  court  has  final  jurisdiction;  which  being  reduced  to 
writing  in  a  summary  mode,  and  being  presented  to  the  court  be- 
fore the  adjournment  thereof  without  day,  and  found  conformable 
to  the  truth  of  the  case,  shall  be  allowed  and  signed  by  the  presid- 

23 


354  LAWS  OF  NEW  HAMPSHIRE 

ing  judge  of  said  court;  which  exceptions  shall  be  filed  and  become 
a  part  of  the  record. — 

Sect.  7.  And  be  it  further  enacted,  that  all  actions  of  which  the 
court  of  Common  Pleas  have  final  jurisdiction,  may  be  reviewed 
within  the  same  time,  and  in  the  same  manner,  as  actions  are  now 
reviewed  in  the  Superior  Court  of  Judicature. 

Sect.  8.  And  be  it  further  enacted,  that  the  court  of  Common 
Pleas  shall  appoint  a  Clerk  in  each  county  to  keep  the  records  in 
their  respective  counties;  and  petit  jurors  shall  be  appointed  and 
returned  to  serve  at  the  Courts  of  Common  Pleas  in  the  respective 
counties,  in  the  same  way  and  manner  as  petit  jurors  are  now  ap- 
pointed and  returned  to  serve  at  the  superior  court  of  judicature, 
and  shall  receive  the  same  compensation,  and  for  not  attending, 
shall  be  subject  to  the  same  penalties. 

Sect.  9.  And  be  it  further  enacted,  that  the  fees  to  be  paid  to 
the  Clerks  of  the  Court  of  Common  Pleas,  shall  be  the  same  as  are 
now  by  law  required  to  be  paid  to  the  clerks  of  the  Superior  Court 
of  Judicature;  and  the  clerks  of  the  said  court  of  Common  Pleas 
shall  immediately  after  each  term  of  said  court  in  the  respective 
counties,  account  with  and  pay  over  to  the  respective  county  treas- 
urers all  monies  by  them  received  for  the  use  of  the  counties,  and  it 
shall  be  the  duty  of  the  justice  presiding  at  each  term  of  said  court, 
at  the  close  thereof,  to  certify  the  account  of  said  clerk;  and  there 
shall  be  paid  to  the  clerk  of  the  Superior  Court  of  Judicature  for 
the  entry  of  each  appeal  from  the  Court  of  Common  Pleas,  fifty 
cents,  and  the  costs  to  be  allowed  to  parties  recovering  judgment  in 
the  courts  of  Common  Pleas  shall  be  the  same  as  are  now  by  law 
allowed  in  the  Superior  Court. — 

Sect.  10.  And  be  it  further  enacted,  that  the  chief  justice  of  the 
said  Court  of  Common  Pleas  shall,  during  his  continuance  in  office, 
receive  from  the  treasury  of  this  state,  in  full  for  his  services,  the 
sum  of  twelve  hundred  dollars  annually,  in  quarter  yearly  payments 
and  the  associate  justices  shall  receive  the  sum  of  ten  hundred  dol- 
lars each  in  like  manner. 

Sect.  11.  And  be  it  further  enacted,  that  the  said  Court  of 
Common  Pleas  in  the  respective  counties,  shall  have  all  the  juris- 
diction and  powers  by  law  now  vested  in  the  courts  of  Sessions  in 
the  several  counties  of  this  State,  and  in  the  Superior  Court  of  Judi- 
cature by  virtue  of  an  act,  entitled,  "an  act  authorizing  the  Superior 
Court  of  Judicature  to  cause  highways  to  be  established  in  certain 
cases",  passed  June  27.  1821;  and  the  same  be  and  hereby  are 
transferred  and  vested  in  the  said  court  of  common  pleas;  and  all 
regulations  and  provisions  of  existing  laws,  aDplicable  to  the  several 
courts  of  Sessions  in  this  State,  and  to  the  Superior  Court  of  Judi- 
cature under  the  provisions  of  the  aforesaid  act,  and  not  inconsistent 
with  the  provisions  of  this  act,  shall  hereafter  apply  to  the  said 


LAWS   OF   NEW   HAMPSHIRE  35  5 

Court  of  Common  Pleas,  holden  in  the  several  counties  respec- 
tively; and  that  all  judgments,  orders,  records,  processes,  proceed- 
ings, matters  and  things  whatsoever,  issuing  from,  returnable  to,  or 
now  remaining  in  said  several  Courts  of  Sessions  and  in  said  Supe- 
rior Court  of  Judicature  by  virtue  of  the  act  aforesaid,  shall  be,  and 
the  same  hereby  are,  transferred  to  the  said  Court  of  Common  Pleas 
in  the  several  counties  respectively;  and  all  processes  and  proceed- 
ings whatever,  founded  thereon  and  concerning  the  same,  shall  be 
had,  sustained,  taken  cognizance  of,  prosecuted,  heard  and  deter- 
mined in  said  Court  of  Common  Pleas,  in  like  cases  and  in  the  same 
manner,  as  if  the  same  had  been  judgments,  orders,  records,  pro- 
cesses, proceedings,  files  and  matters  of  or  in  said  Court  of  Common 
Pleas  hereby  established;  and  all  such  records  and  files  shall  be  con- 
sidered as  records  and  files  of  the  said  court  of  common  pleas  in  the 
several  counties  respectively. 

Sect.  12.  And  be  it  further  enacted,  that  it  shall  be  the  duty  of 
the  several  clerks  of  the  courts  of  Sessions  in  this  State,  immediately 
after  the  first  day  of  February  next,  to  deliver  over  to  the  clerks 
of  the  courts  of  common  pleas  in  their  respective  counties,  all  the 
records  of  judgments  and  other  proceedings  and  all  the  files  of  said 
courts  of  sessions;  and  it  shall  be  the  duty  of  the  several  clerks  of 
the  superior  court  of  judicature,  in  like  manner,  to  deliver  to  said 
clerks  of  the  court  of  common  pleas  in  their  respective  counties,  all 
the  records  of  judgments  and  other  proceedings,  and  all  the  files  of 
said  superior  court  of  judicature,  which  relate  to  any  petition, 
process,  order,  judgment,  proceeding,  matters  or  things  whatsoever, 
preferred,  recorded,  had,  heard,  or  acted  upon  in  said  superior  court 
of  judicature,  by  virtue  of  the  aforesaid  act,  passed  June  27.  1821. 
And  said  records  and  files  shall  become,  taken  and  deemed  to  be 
records  and  files  of  said  court  of  common  pleas. — 

Sect.  13.  And  be  it  further  enacted,  that  the  court  of  common 
pleas  shall  be  holden  in  the  county  of  Rockingham  at  Portsmouth  in 
said  county  on  the  third  Tuesday  of  January  and  at  Exeter  in  said 
county  on  the  third  Tuesday  of  August;  in  the  County  of  Strafford 
at  Rochester  in  said  county  on  the  first  Tuesday  of  January  and  at 
Gilmanton  in  said  county  on  the  first  Tuesday  of  August;  in  the 
county  of  Merrimack  at  Concord  in  said  county  on  the  last  Tues- 
day of  October  and  on  the  second  Tuesday  of  April;  in  the  County 
of  Hillsborough  at  Amherst  in  said  county  on  the  second  Tuesday 
of  February  and  on  the  first  Tuesday  of  September;  in  the  County 
of  Cheshire  at  Keene  in  said  county  on  the  third  Tuesday  of  March 
and  at  Charlestown  in  said  county  on  the  third  Tuesday  of  Septem- 
ber; in  the  county  of  Grafton  at  Haverhill  in  said  county  on  the 
fourth  Tuesday  of  February  and  at  Plymouth  in  said  county  on  the 
first  Tuesday  of  October;  and  in  the  countv  of  Coos  at  Lancaster 
in  said  Countv  on  the  first  Tuesday  of  March  and  on  the  third 
Tuesday  of  July. — 


35^  LAWS  OF   NEW  HAMPSHIRE 

Sect.  14.  And  be  it  further  enacted,  that  the  superior  court  shall 
have  jurisdiction,  and  proceed  to  judgment  in  all  cases  where  writs 
have  been  or  shall  be  sued  out  or  appeals  from  justices  made,  be- 
fore the  first  day  of  February  next,  in  the  same  manner  as  if  this 
act  had  not  been  passed. 

Sect.  15.  And  be  it  further  enacted,  that  this  act  shall  not  take 
effect  until  the  first  day  of  February  next;  provided,  however,  that 
the  justices  of  said  court  of  Common  Pleas  may  be  appointed  and 
commissioned  at  any  time  after  the  passing  of  this  act;  and  pro- 
vided further  that  the  justices  of  said  court  may  appoint  their 
clerks  at  any  time  after  the  said  Justices  shall  have  been  appointed. 

Sect.  16.  And  be  it  further  enacted,  that  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act,  be,  and  the  same 
hereby  are  repealed. 


[CHAPTER  44.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  repeal  an  act  entitled  an  act  to  institute  and 
provide  for  the  organization  of  a  board  of  agriculture  for 
this  State  passed  December  19.  1820,  and  also  an  act  in 
addition  thereto  passed  june  2  7™  1 82  i. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  120;  recorded 
Acts,  vol.  22,  p.  589.  Session  Laws,  1824,  Chap.  74.  See  acts  referred  to, 
Laws  of  New  Hampshire,  vol.  8,  p.  940,  and  ante,  p.  24.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  an  act  entitled  an  act  to  in- 
stitute and  provide  for  the  organization  of  a  Board  of  Agriculture 
for  this  State  passed  December  19th  A.D.  1820,  and  an  act  entitled 
an  act  in  addition  to  an  act  entitled  an  act  to  institute  and  provide 
for  the  organization  of  a  board  of  Agriculture  for  this  State  passed 
June  27th  A.D.  1821,  be  and  the  same  are  hereby  repealed. — 


LAWS   OF   NEW   HAMPSHIRE  357 

[CHAPTER  45.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act,  entitled,  an  act  to  prevent  in- 
cestuous MARRIAGES  AND  TO  REGULATE  DIVORCES. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  121;  recorded 
Acts,  vol.  22,  p.  590.  Session  Laws,  1824,  Chap.  75.  Laws,  1830  ed.,  p.  158. 
The  act  referred  to  is  probably  dated  February  17,  1791,  Laws  of  New 
Hampshire,  vol.  5,  p.  732.  See  also  acts  of  July  6,  1839,  Session  Laws,  1839, 
Chap.  457;  June  19,  1840,  id.,  June,  1840,  Chap.  507;  December  24,  1840,  id., 
November,  1840,  Chap.  573,  and  July  2,  1841,  id.,  1841,  Chap.  607.  Repealed 
December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  any  husband  or  wife,  separat- 
ing him  or  herself  from  the  other,  and  joining  and  uniting  him  or  her- 
self with  any  religious  sect  or  society  that  believes  or  professes  to 
believe  the  relation  between  husband  and  wife  to  be  void  or  unlaw- 
ful; and  such  husband  or  wife  continuing  to  live  so  united  with 
such  sect  or  society  for  the  space  of  three  years  and  refusing  during 
that  time  to  cohabit  with  the  other,  who  shall  not  have  joined  and 
continued  united  with  such  sect  or  society,  shall  be  deemed  and 
taken  to  be  a  sufficient  cause  of  divorce  from  the  bonds  of  matri- 
mony. 

Sect.  2.  And  be  it  further  enacted,  that  in  cases  where  such  hus- 
band or  wife  has  before  the  passing  of  this  act  so  separated  from  the 
other,  and  joined  and  united  with  such  sect  or  society,  and  has  con- 
tinued to  live  with  such  sect  or  society  for  said  .space  of  three  years, 
and  has  so  refused  to  cohabit  during  said  time,  the  other  party 
not  having  joined  and  continued  united  with  such  sect  or  society, 
and  shall  for  the  space  of  six  months  after  the  passing  of  this  act 
continue  so  separated  from  the  other  and  united  with  such  sect  or 
society,  and  shall  during  that  time  so  refuse  to  cohabit,  the  same  be 
deemed  and  taken  to  be  a  sufficient  cause  of  divorce  from  the  bonds 
of  matrimony. 

Sect.  3.  And  be  it  further  enacted,  that  in  cases  of  divorce 
granted  to  a  wife  by  virtue  of  this  act,  she  shall  be  entitled  to  have 
her  real  estate  restored  to  her  and  alimony  out  of  her  husbands  es- 
tate in  like  manner  as  is  provided  in  the  act  mentioned  in  the  title 
of  this  act. 


35^  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  46.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  authorizing  the  proprietors  of  the  third  turnpike 
road  in  New  Hampshire  to  surrender  their  charter  and 
discontinue  said  turnpike  road  for  the  purpose  of  making 
it  a  free  road. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  122;  recorded 
Acts,  vol.  22,  p.  591.  Session  Laws,  1824,  Chap.  76.  See  acts  of  December 
27,  1799.  Laws  of  New  Hampshire,  vol.  6,  p.  613;  June  18,  1806,  id.,  vol.  7, 
P-  533  5  December  13,  1808,  id.,  p.  717,  and  June  15,  181 1,  id.,  vol.  8,  p.  13.] 

Whereas  the  proprietors  of  the  third  turnpike  road  have  signified 
their  wish  to  surrender  their  charter  and  discontinue  said  turnpike 
for  the  purpose  of  establishing  the  same  as  a  publick  highway  free 
of  toll  which  would  be  beneficial  to  the  public. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  proprietors  of  the  said 
third  turnpike  road  be  and  they  are  hereby  empowered  to  surrender 
their  charter  to  the  State  and  to  discontinue  said  turnpike  for  the 
purpose  of  establishing  the  same  as  a  free  public  highway  which  sur- 
render and  discontinuance  may  be  made  by  a  vote  duly  passed  at  a 
meeting  of  said  proprietors  duly,  called  and  held  for  that  purpose 
agreeably  to  the  by  laws  of  said  corporation  and  an  attested  copy 
of  such  vote  being  filed  in  the  office  of  the  Secretary  of  State  and 
published  in  one  or  more  newspapers  published  within  this  State  and 
in  some  newspaper  published  in  Boston  in  the  County  of  Suffolk 
and  Commonwealth  of  Massachusetts  said  turnpike  shall  thereafter 
be  deemed  and  held  to  be  discontinued  as  a  turnpike  road  and  the 
said  proprietors  shall  not  thereafter  be  authorized  to  exact  any  tolls 
from  any  person  passing  over  said  road  nor  be  liable  to  make  any 
repairs  upon  the  same.  — 


LAWS   OF   NEW   HAMPSHIRE  359 

[CHAPTER  47.] 


State  of  I 

New  Hampshire.  ) 


An  Act  prescribing  the  mode  of  recovering  the  fines  and 
penalties  in  "an  act  to  regulate  the  proceedings  for  ex- 
TINGUISHING fires"  &c  passed  April  6.  1 781. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  123;  recorded 
Acts,  vol.  22,  p.  592.  Session  Laws,  1824,  Chap.  77.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  4,  p.  380.  See  also  acts  of  June 
17,  1794,  id.,  vol.  6,  p.  188;  November  30,  1803,  id.,  vol.  7,  p.  169;  June  27, 
1818,  id.,  vol.  8,  p.  723,  and  December  20,  1824,  ante,  p.  350.  Repealed 
December  16,  1828,  post.~\ 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  all  penalties  imposed  by 
the  act  aforesaid,  for  the  recovery  of  which  no  mode  is  prescribed  in 
said  act,  may  be  recovered  by  action  of  debt  before  any  court  com- 
petent to  try  the  same,  and  such  action  may  be  instituted  by  the  fire- 
wards,  in  the  name  and  behalf  of  the  town  and  the  sums  so  recov- 
ered shall  be  appropriated  by  said  firewards  in  the  manner  directed 
in  the  act  aforesaid. 


[CHAPTER  48.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  establish  the  times  and  places  of  holding  the  Pro- 
bate Courts  for  the  county  of  Hillsborough. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  124;  recorded 
Acts,  vol.  22,  p.  593.  Session  Laws,  1824,  Chap.  78.  See  also  acts  of  Jan- 
uary 3,  1829,  post;  June  25,  1829,  Session  Laws,  1829,  Chap.  9;  July  4,  1833, 
id.,  1833,  Chap.  122,  and  July  3,  1841,  id.,  1841,  Chap.  626.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  Probate  Courts  for  the 
County  of  Hillsborough  shall  be  holden  at  Amherst  in  said  County 
on  the  last  Tuesday  of  February,  March,  May,  June,  August,  Octo- 
ber, November  and  December;  at  Francestown  in  said  county  on 
the  first  Tuesday  of  February  and  on  the  last  Tuesdays  but  one  of 
May,  August  and  November;  at  Goffstown  near  the  new  meeting 
house  in  said  town,  on  the  last  Tuesdays  of  January  and  September; 
at  Dunstable  in  said  county  on  the  first  Tuesdays  of  January  and 
July;  at  Temple  in  said  county  on  the  first  Tuesdays  of  March  and 
August;  and  at  such  other  times  and  places  as  the  Judge  of  Probate 


3^0  LAWS  OF   NEW  HAMPSHIRE 

for'  said  county  may  appoint,  provided  however  that  the  probate 
court  shall  be  holden  at  Amherst  and  not  at  Goffstown  on  the  last 
Tuesday  of  January  next,  anything  in  this  act  to  the  contrary  not- 
withstanding.— 


[CHAPTER  49.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "an  act  for  the  descent 
and  distribution  of  intestate  estates",  passed  july  2.  1 82  2. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  125;  recorded 
Acts,  vol.  22,  p.  594.  Session  Laws,  1824,  Chap.  79.  Laws,  1830  ed.,  p.  354. 
See  act  referred  to,  ante,  p.  102.  See  also  acts  of  February  3,  1789,  Laws 
of 'New  Hampshire,  vol.  5,  p.  384;  January  4,  1792,  id.,  p.  838,  December  13, 
1792,  id.,  vol.  6,  p.  60,  and  July  6,  1826,  post.  Repealed  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  illegitimate  children  shall  be 
the  heirs  of  their  mother,  she  dying  without  leaving  legitimate  issue, 
and  in  case  of  the  decease  of  such  child  or  children  in  the  lifetime 
of  the  mother  leaving  legitimate  issue,  such  issue  shall  inherit  the 
share  of  such  child  or  children  so  deceased. 


[CHAPTER  50.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  the  New-England   Fire  Insurance 
Company. 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  126;  recorded 
Acts.  vol.  22,  p.  505.  A  company  by  the  same  name,  located  at  Manchester, 
was  incorporated  by  act  of  September  2,  1887,  Session  Laws,  1883-87,  p.  617.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Joseph  Low,  Isaac  Hill, 
John  K.  Simpson,  Samuel  Green,  Samuel  Morril  and  their  associates, 
successors  and  assigns,  be  and  they  hereby  are  incorporated  into  a 
company  and  body  politic  by  the  name  of  the  New-England  Fire 
Insurance  Company,  to  be  located  in  the  town  of  Concord  and 
county  of  Merrimack,  for  and  during  the  term  of  twenty  years  after 
the  passing  of  this  act;  and  by  that  name  may  sue  and  be  sued,  plead 
and  be  impleaded,  appear,  prosecute  and  defend  to  final  judgment 
and  execution,  and  have  a  common  seal,  which  they  may  alter  at 


LAWS  OF   NEW  HAMPSHIRE  36 1 

pleasure;  and  may  purchase,  hold  and  convey  any  estate,  real  or 
personal,  for  the  use  of  said  company;  provided  they  shall  not  hold 
real  estate  exceeding  the  value  of  five  thousand  dollars,  excepting 
such  as  may  be  taken  for  debt,  or  held  as  collateral  security  for 
debts,  due  to  said  company. 

Section  2.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  company  shall  be  two  hundred  thousand  dollars,  divided  into 
one  thousand  shares  of  two  hundred  dollars  each,  twenty-five  per 
centum  of  which  shall  be  paid  in  within  sixty  days  after  the  first 
meeting  of  said  company,  and  the  residue  in  such  instalments,  and 
under  such  penalties,  as  the  President  and  Directors  shall,  in  their 
discretion,  direct  and  appoint. 

Section  3.  And  be  it  further  enacted,  That  the  stock,  property, 
affairs  and  concerns  of  said  company  shall  be  managed  and  con- 
ducted by  five  directors,  one  of  whom  shall  be  President  thereof,  who 
shall  hold  their  offices  for  one  year,  and  until  others  are  chosen,  and 
no  longer;  and  shall,  at  the  time  of  their  election,  be  stockholders  of 
said  company,  and  shall  be  elected  annually  on  such  day,  and  at 
such  time  of  the  day  and  place  in  the  aforesaid  town  of  Concord,  as 
a  majority  of  the  Directors  for  the  time  being,  shall  appoint;  of 
which  election  public  notice  shall  be  given  in  some  newspaper 
printed  in  said  Concord,  for  the  space  of  ten  days  immediately  pre- 
ceding such  election.  And  the  election  shall  be  made  by  ballot,  by  a 
majority  of  the  votes  of  the  stockholders  present,  allowing  one  vote 
to  each  share  in  the  capital  stock — provided  no  stockholder  shall  be 
allowed  more  than  twenty  votes;  and  the  stockholders  not  present 
may  vote  by  proxy,  under  such  regulations  as  the  company  may  pre- 
scribe; and  if  through  any  accident,  the  Directors  should  not  be 
chosen  as  aforesaid,  it  shall  be  lawful  to  choose  them,  in  manner 
aforesaid,  on  any  other  day. 

Section  4.  And  be  it  further  enacted,  That  the  Directors  so 
chosen,  shall  meet  as  soon  as  may  be,  after  every  election,  and  shall 
choose,  out  of  their  number,  one  person  to  be  President,  who  shall 
be  sworn  faithfully  to  discharge  the  duties  of  his  office,  during  the 
period  for  which  he  is  elected;  and  in  case  of  the  death,  resignation 
or  inability  to  serve,  of  the  President  or  any  Director,  such  vacancy 
or  vacancies  shall  be  filled,  for  the  remainder  of  the  year  in  which 
they  happen,  by  a  special  election,  to  be  notified  and  held  as  is 
herein  before  directed,  in  the  case  of  annual  elections. 

Section  5.  And  be  it  further  enacted,  That  the  President  and 
three  Directors,  or  four  of  the  Directors  in  the  absence  of  the  Presi- 
dent, shall  be  a  board  competent  for  the  transaction  of  business; 
and  all  questions  before  them  shall  be  decided  by  a  majority  of 
votes;  and  they  shall  have  power  to  make  and  prescribe  such  by- 
laws, rules  and  regulations,  as  to  them  shall  appear  needful  and 
proper,  in  respect  to  the  management  and  disposition  of  the  stock 
and  property  of  said  company,  and  the  transfer  of  shares  therein; 


362  LAWS   OF   NEW   HAMPSHIRE 

and  the  powers,  duties  and  conduct  of  the  several  officers,  clerks 
and  servants  employed  in  the  service  of  said  company,  and  the 
election  of  Directors,  and  the  making  of  policies,  and  all  such  mat- 
ters as  appertain  to  the  business  of  insurance,  provided  such  by- 
laws, rules  and  regulations  be  not  repugnant  to  the  laws  or  constitu- 
tion of  the  United  States,  or  of  this  State.  And  they  shall  have 
power  to  appoint  a  Secretary  and  such  other  officer  or  officers  as 
may  be  needful,  with  such  compensation  to  them  severally,  and  to 
the  President,  as  to  them  shall  seem  fit;  and  they  shall  also  have 
power  and  authority,  in  behalf  of  said  company,  to  make  insurance 
on  any  property  or  buildings  within  the  United  States,  against  dam- 
age to  the  same  by  fire,  originating  in  any  cause,  except  design  in 
the  assured,  for  such  time,  and  on  such  conditions,  as  the  parties  may 
agree;  provided  that  the  said  company  shall  not  insure  on  any  one 
risk  more  than  ten  per  centum  on  the  amount  of  the  capital  stock 
paid  in;  and  all  policies  of  insurance,  by  them  made,  shall  be  sub- 
scribed by  the  President,  or  two  of  the  Directors,  and  countersigned 
by  the  Secretary,  and  shall  be  binding  and  obligatory  upon  the  said 
company,  and  have  the  like  effect  and  force  as  if  under  the  seal  of 
said  company;  and  all  losses,  duly  arising  under  policies  so  sub- 
scribed, may  be  adjusted  and  settled  by  the  President  and  board  of 
Directors,  or  such  agent  as  they  shall  authorize;  and  such  adjust- 
ment shall  be  binding  on  said  company. 

Section  6.  And  be  it  further  enacted,  That  the  said  company 
shall  not,  directly  nor  indirectly,  deal  or  trade  in  buying  or  selling 
any  goods,  wares,  merchandize  or  commodities  whatever,  but  may, 
in  the  discretion  of  a  majority  of  the  Directors,  sell  any  portion  of 
the  property  in  which  the  capital  stock  may  be  invested,  and  reinvest 
the  proceeds  in  any  of  the  stock  mentioned  in  the  second  section  of 
this  act;  and  the  capital  stock  shall,  within  six  months  after  the 
collection  thereof,  be  invested  either  in  the  funded  debt  of  the 
United  States,  or  in  the  stock  of  some  incorporated  bank  within  this 
State,  or  of  the  bank  of  the  United  States,  in  either  or  all  of  them, 
and  in  such  proportions  as  may  be  judged  most  for  the  interest  of 
said  company. 

Section  7.  And  be  it  further  enacted,  That  once  in  three  years, 
and  oftener,  if  required  by  a  majority  of  the  votes  of  the  stock- 
holders, the  Directors  shall  lay  before  the  stockholders,  at  a  general 
meeting,  an  exact  and  particular  statement  of  the  profits,  if  any 
there  be,  after  deducting  losses  and  dividends.  And  the  said  com- 
pany shall,  when  and  as  often  as  required  by  the  Legislature  of  this 
State,  lay  before  the  Legislature  a  statement  of  the  affairs  of  said 
company,  and  submit  to  an  examination  concerning  the  same  under 
oath. 

Section  8.  And  be  it  further  enacted,  That,  in  case  of  any  loss 
or  losses  taking  place,  which  shall  be  equal  to  the  amount  of  the  cap- 
ital stock  of  said  company,  and  the  President  or  Directors,  after 


LAWS  OF   NEW  HAMPSHIRE  363 

knowing  of  such  loss  or  losses  taking  place,  shall  subscribe  to  any 
policy  of  insurance,  their  estates,  jointly  and  severally,  shall  be  ac- 
countable for  the  amount  of  any  and  every  loss  which  shall  take 
place,  under  policies  thus  subscribed;  and  the  said  President  and 
Directors  shall  cause  to  be  printed  or  written  on  every  policy  they 
shall  make  the  amount  of  their  capital  stock. 

Section  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Directors,  twice  in  each  year,  to  make  dividends  of  so  much  of 
the  interest  arising  from  the  capital  stock,  and  of  the  profits  of  the 
said  company,  as  to  them  shall  appear  advisable;  but  the  monies 
received,  and  notes  taken  for  premiums  of  risks,  which  shall  be 
undetermined  and  outstanding  at  the  time  of  making  such  dividends, 
shall  not  be  considered  as  parts  of  the  profits  of  said  company;  and 
in  case  of  any  loss,  whereby  the  capital  stock  shall  be  lessened,  no 
subsequent  dividend  shall  be  made,  until  a  sum  equal  to  such 
diminution  shall  be  added  to  the  capital. 

Section  10.  And  be  it  further  enacted,  That  any  three  of  the 
persons  named  in  the  first  section  of  this  act  are  hereby  authorized 
to  call  a  meeting  of  the  said  company  in  Concord,  by  advertising  the 
same  three  weeks  successively  in  the  New-Hampshire  Patriot  and 
State  Gazette,  for  the  purpose  of  electing  the  first  board  of  Di- 
rectors, who  shall  hold  their  offices  until  another  board  shall  be 
chosen. 

Section  11.  And  be  it  further  enacted,  That  if  the  charter  shall 
not  be  renewed  at  the  expiration  of  twenty  years,  the  corporation 
shall  remain  liable  for  all  outstanding  policies. 


[CHAPTER  51.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Piscataqua  Bank 

[Approved  December  21,  1824.  Original  Acts,  vol.  28,  p.  127;  recorded 
Acts,  vol.  22,  p.  600.     See  additional  act  of  June  21,  1832,  Acts,  vol.  29,  p.  15.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Samuel  Hale  Samuel  Lord, 
and  their  associates,  and  those  who  may  hereafter  become  associates 
in  said  Bank,  their  successors  and  assigns  shall  be  and  they  are 
hereby  created  and  made  a  Corporation  by  the  name  of  the  Piscat- 
aqua Bank  and  shall  so  continue  until  the  first  monday  of  August, 
One  thousand  eight  hundred  and  forty  five;  and  by  that  name  shall 
be  and  hereby  are  made  capable  in  law  to  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended  in  any  Court  of  record  or 


3^4  LAWS  OF   NEW  HAMPSHIRE 

any  other  place  watever  and  also,  to  make  have  and  use  a  common 
Seal,  and  the  same  again  at  pleasure  to  break,  alter  or  renew;  and 
also  to  ordain  establish  or  put  in  execution,  such  by-laws  ordinances 
and  regulations  not  repugnant  to  the  laws  of  this  State  as  to  them 
shall  appear  necessary  and  convenient  for  their  regulation  and  gov- 
ernment and  for  the  prudent  management  of  the  affairs  of  said  Cor- 
poration subject  always  to  the  rules,  restrictions  and  provisions 
hereinafter  prescribed  Provided  that  said  Grantees  shall  within 
two  years  from  the  passage  of  this  act  accept  the  provissions  thereof 
and  organize  and  put  said  institution  into  operation  under  the  same; 
in  default  of  which  this  act  shall  thereafter  be  void  and  of  no  further 
effect. 

Sec  2  And  be  it  further  enacted,  That  the  Capital  Stock  of  said 
Corporation  shall  consist  of  a  sum  not  less  than  One  Hundred  Thou- 
said  Dollars,  nor  more  than  Two  Hundred  Thousand  Dollars  in  Spe- 
cie, and  be  divided  into  not  less  than  Five  Hundred  Shares  nor  more 
than  Two  thousand  Shares  and  the  Stock-holders  at  their  first  meet- 
ing by  a  majority  of  votes,  shall  determine  the  number  of  shares 
and  the  amount  of  payments  to  be  made  on  each  share  and  the  times 
when  they  shall  be  made;  also  the  mode  of  transfering  and  dispos- 
ing of  the  Stock  and  Profits  thereof,  which  being  entered  on  the 
Books  of  said  Corporation  shall  be  binding  on  the  Stock-holders 
their  successors  and  assigns.  Provided  that  no  Stock-holder  shall 
be  allowed  to  borrow  at  said  Bank  until  he  shall  have  paid  in  his 
full  proportion  of  said  sum  of  One  Hundred  Thousand  Dollars  at 
least.  Provided  also  that  no  Stock-holder  shall  in  any  case  be  al- 
lowed to  borrow  more  than  seventy  five  per  cent,  on  his  capital  Stock 
so  paid  in  except  the  Savings  Bank  which  shall  rave  a  right  to  bor- 
row as  is  herein  after  provided.  And  the  said  Corporation  is  hereby 
made  capable  in  law  to  have,  hold,  purchase,  and  receive  possess, 
enjoy  and  retain  to  them  their  successors  and  assigns,  lands  tena- 
ments  and  hereditaments,  to  the  amount  of  Twenty  five  Thousand 
Dollars  and  no  more  at  any  one  time,  with  power  to  bargain,  sell, 
dispose  of  and  convey  the  same,  and  to  loan  and  negociate  their 
monies  and  effects  by  discounting  on  banking  principles  on  such 
personal  security,  or  on  the  pledge  of  merchandize  or  other  property 
as  collateral  security,  to  an  amount  not  exceeding  three  fourths  of 
its  value,  as  they  shall  think  advisable — 

Sec  3  And  be  it  further  enacted,  That  the  following  rules,  lim- 
itations, and  provissions  shall  form,  and  be  the  fundamental  articles 
of  said  Corporation 

First  That  said  Corporation  shall  not  issue  and  have  in  circulation 
at  any  one  time,  bills,  notes,  or  obligation  to  a  greater  amount  than 
the  Capital  Stock  actually  paid  in,  at  such  time,  and  then  composing 
the  Capital  Stock  of  said  Bank,  and  in  case  any  Cashier,  Director  or 
other  officer  of  said  Bank,  at  any  time,  shall  knowingly,  issue,  order, 
direct  or  cause  to  be  issued  and  put  in  circulation  Bills  notes  or 


LAWS   OF   NEW   HAMPSHIRE  3^5 

obligations  of  said  Bank,  which  together  with  those  before  issued 
and  then  in  circulation,  shall  exceed  the  amount  of  the  Capital 
Stock  of  said  Bank  as  aforesaid  such  Cashier,  Director  or  other 
officer,  shall  forfeit  and  pay  a  sum  not  exceeding  Ten  thousand 
Dollars  nor  less  than  One  thousand  Dollars 

2 — That  dividends  may  be  made  semiannually  among  the  Stock 
holders  of  said  Bank  of  Interest  or  Profit  actually  received,  but  no 
part  of  the  Capital  Stock  of  said  Bank  shall  be  divided  among  or 
paid  to  the  Stock-holders,  either  before  or  after  the  expiration  of 
the  time  limited  by  this  act  for  the  continuance  of  said  Corporation, 
without  the  lisence  of  the  Legislature  of  this  State  therefor,  on 
penalty  that  any  Cashier,  Director  or  other  officer,  who  shall  so 
divide  or  pay  the  same  or  order,  direct  or  cause  the  same  to  be  done 
shall  therefor  forfeit  and  pay  a  sum  not  exceeding  Ten  thousand 
Dollars  nor  less  than  one  thousand  Dollars 

Provided  nevertheless  that  it  shall  be  lawful  for  the  Stock-holders 
after  having  given  one  year's  previous  notice  of  their  intention  by 
advertisement  in  two  newspapers  published  in  this  State  and  after 
payment  of  all  out  standing  debts  due  from  said  Bank  to  make 
division  of  the  Capital  Stock  among  themselves  and  thereby  dissolve 
said  Corporation 

3 — That  in  case  of  a  dimunition  or  loss  of  any  portion  of  the  sum 
composing  the  Capital  Stock  of  said  Bank  by  any  means  whatever  it 
shall  be  the  duty  of  the  Directors  in  their  next  annual  return  of  the 
condition  of  said  Bank  by  law  required  to  be  made  to  the  Governor 
and  Council  to  state  the  amount  of  such  dimunition  or  loss  and  the 
cause  thereof  and  after  such  loss  or  dimunition  no  dividend  of  In- 
terest or  Profit  shall  be  made  until  such  loss  or  dimunition  shall  have 
been  replaced  and  supplied  by  assessments  and  actual  payments  of 
the  Stock-holders,  or  by  appropriations  therefor  of  the  Interest  and 
profit  actually  received. 

Fourth — That  said  Corporation  shall  not  vest,  use,  nor  improve 
any  of  their  monies  goods,  chattels  or  effects  in  trade  or  commerce, 
but  may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession 
by  way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned 

Fifth — That  none  but  a  member  of  said  Corporation  being  a  cit- 
izen of  this  State  and  resident  therein  shall  be  eligible  for  a  Director; 
and  the  Directors  shall  choose  one  of  their  own  number  to  act  as 
President — The  Cashier  before  he  enters  on  the  duties  of  his  office 
shall  give  bond  with  two  or  more  sufficient  surities  to  the  satisfaction 
of  the  board  of  Directors  in  a  sum  not  less  than  Twenty  five  thou- 
sand Dollars  with  condition  for  the  faithful  performance  of  the 
duties  of  his  office. 

Sixth  That  for  the  well  ordering  of  the  affairs  of  said  Corpora- 
tion a  meeting  of  the  Stock-holders  shall  be  holden  at  such  place  as 
they  shall  direct  on  the  first  monday  of  July  annually  from  and  after 


5 


66  LAWS   OF   NEW  HAMPSHIRE 


the  first  meeting  and  at  any  other  time  during  the  continuance  of 
said  Corporation,  at  such  place  as  may  be  appointed  by  the  Presi- 
dent and  Directors  for  the  time  being  by  public  notification  being 
given  at  least  two  weeks  prior  thereto;  at  which  annual  meeting 
there  shall  be  chosen  by  ballot  not  less  than  seven  nor  more  than 
nine  Directors  to  continue  in  office  the  year  ensuing  their  election, 
and  until  others  shall  be  chosen  in  their  stead.  And  the  number  of 
votes  to  which  each  Stock  holder  shall  be  entitled  shall  be  according 
to  the  number  of  shares  he  shall  hold  in  the  following  proportion, 
that  is  to  say,  for  every  one  share,  one  vote,  for  every  two  shares, 
above  one  and  not  exceeding  twenty,  one  vote,  for  every  five  shares 
above  twenty  one  vote  Provided  that  no  stock-holder  shall  be  en- 
titled to  more  than  fifteen  votes.  Absent  members  may  vote  by 
proxy,  being  authorized  in  writing  signed  by  the  person  represented 
and  filed  with  the  Cashier. 

Seventh  That- no  Director  shall  be  entitled  to  any  emolument 
for  his  services,  but  the  Stock-holders,  may  make  the  President  such 
compensation  as  to  them  shall  appear  reasonable. 

Eighth — That  not  less  than  a  majority  of  the  Directors  shall  con- 
stitute a  board  for  the  transaction  of  business,  of  whom  the  Presi- 
dent shall  be  one,  except  in  case  of  sickness  or  necessary  abscence  in 
which  case  the  Directors  may  choose  a  Chairman,  for  the  time  being, 
in  his  stead. 

Ninth  That  all  Bills,  issued  from  said  Bank,  signed  by  the  Pres- 
ident and  countersigned  by  the  Cashier,  shall  be  binding  on  said 
Bank. 

Tenth — That  the  Directors  shall  appoint  a  Cashier,  Clerks  and 
such  other  officers,  Agents,  or  Servants  for  conducting  the  business 
of  the  Bank,  with  such  salaries  as  to  them  shall  seem  just  and 
proper — 

Eleventh — That  the  aforesaid  Bank  shall  be  established  and  kept 
in  the  Town  of  Portsmouth  in  the  County  of  Rockingham 

Twelfth — That  the  Legislature  shall  at  all  times  have  the  right  by 
persons  duly  appointed  for  that  purpose  to  examine  into  the  State 
and  condition  and  all  the  doings  and  transactions  of  said  Corporation 
and  all  their  officers  relating  to  the  same,  for  which  purpose  all  the 
Books  and  papers  of  the  Corporation,  together  with  their  monies  and 
securities  for  money  shall  be  exhibited  and  submitted  to  the  inspec- 
tion and  examination  of  such  persons  so  appointed,  and  each  officer 
of  the  Corporation  shall  answer  on  oath,  if  required,  all  suitable  and 
proper  interrogatories  relating  to  the  State,  condition  and  transac- 
tions of  said  Bank 

Thirteenth — That  the  Portsmouth  Savings  Bank  shall  have  a 
right  to  subscribe  for  and  hold  so  many  of  the  shares  in  said  Piscat- 
aqua  Bank  as  the  Trustees  of  said  Savings  Bank  may  deem  expe- 
dient, not  exceeding  in  the  whole  the  value  of  Thirty  Thousand 
Dollars  at  any  one  time:  and  the  said  Piscataqua  Bank  shall  at  all 


LAWS   OF   NEW  HAMPSHIRE  367 

times  loan  to  the  said  savings  Bank  such  sums  as  may  be  required, 
on  a  pledge  of  so  many  of  said  shares  as  may  be  sufficient  to  secure 
the  repayment  of  such  loan;  provided  however  that  not  more  than 
eighty  per  cent  of  the  par  value  of  such  shares  shall  at  any  time  be 
loaned  upon  their  security  alone. 

Sec  4  And  be  it  further  enacted  that  the  said  Samuel  Hale  and 
Samuel  Lord,  may  call  a  meeting  of  said  Corporation  at  such  time 
and  place  as  they  may  see  fit  by  giving  public  notice  thereof  at  least 
two  weeks  prior  to  the  time  of  meeting  by  advertising  in  some  news- 
paper printed  in  the  Town  of  Portsmouth,  for  the  purpose  of  mak- 
ing, ordaining  and  establishing  such  by-laws  ordinances  and  regula- 
tions as  the  said  members  may  deem  necessary,  and  for  the  choice  of 
the  first  board  of  Directors,  and  such  other  officers  as  they  may  see 
fit  to  choose. 

Sec  5  And  be  it  further  enacted,  That  all  penalties  incurred  for 
a  breach  of  any  of  the  provisions  of  this  act  may  be  recovered  by 
information  or  suit  in  the  name  of  the  State — 


[CHAPTER  52.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  divide  the  twenty  first,  twenty  sixth  and  thir- 
tieth REGIMENTS  OF  MILITIA  IN  THIS  STATE  AND  TO  ESTABLISH  A 
NEW  REGIMENT. 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  128;  recorded 
Acts,  vol.  22,  p.  606.  Session  Laws,  1824,  Chap.  84.  Repealed  by  act  of 
January  2,  1829,  post.'] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
lives,  in  General  Court  convened,  that  the  companies  in  the  towns  of 
Boscawen,  Salisbury  and  Andover  shall  constitute  the  twenty  first 
regiment;  the  companies  in  the  towns  of  Antrim,  Deering,  Hills- 
borough, Windsor,  Hancock,  Francestown,  Greenfield  and  Society- 
Land  shall  constitute  the  twenty  sixth  regiment;  the  companies  in 
the  towns  of  New  London,  Fishersfield,  Wilmot,  Bradford  and  Sut- 
ton shall  constitute  the  thirtieth  regiment;  and  that  the  companies 
in  the  towns  of  Warner,  Hopkinton,  and  Henniker  shall  constitute 
the  fortieth  regiment. 

Sect.  2.  And  be  it  further  enacted,  that  the  fortieth  regiment 
shall  be  annexed  to  the  fourth  brigade. 


368  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  53.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Trustees  of  the  Ministerial  Li- 
brary in  Wilton. 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  129;  recorded 
Acts,  vol.  22,  p.  607.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Thomas  Beede,  Eliphaiet 
Putnam.  Ezra  Abbot,  Samuel  Abbot,  and  Timothy  Parkhurst  be  and 
hereby  are  made  a  body  politic  and  corporate  by  the  name  of  the 
Trustees  of  the  Ministerial  Library  in  Wilton  and  they  and  their  suc- 
cessors and  such  as  shall  be  duly  elected  members  of  said  corporation 
shall  be  and  remain  a  body  politic  and  corporate  forever  and  that  the 
said  corporation  by  the  same  name  are  hereby  made  capable  in  law 
to  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  exe- 
cution, to  have  a  common  seal  and  the  same  to  alter  and  renew  at 
pleasure;  to  make  and  ordain  rules  and  by  laws  for  the  government 
of  said  corporation  and  the  regulation  and  management  of  its  affairs 
consistent  with  the  laws  of  this  State;  and  to  have  the  powers  and 
privileges  and  be  subject  to  the  liabilities  incident  to  such  corpora- 
tions. 

Sect.  2.  And  be  it  further  enacted,  that  for  the  purposes  of  pre- 
serving, increasing  and  well  ordering  a  library  for  the  use  and  benefit 
of  the  religious  teacher  of  the  first  religious  society  in  said  Wilton 
and  his  successors  (intending  by  said  first  religious  society,  the  so- 
ciety by  whatever  name  or  manner  the  same  may  be  continued, 
which  worships  with  the  church  which  was  embodied  in  said  town 
on  the  fourteenth  day  of  December  A.D.  seventeen  hundred  and 
sixty  three,  of  which  society  the  Reverend  Thomas  Beede  is  now  the 
religious  teacher)  said  corporation  may  receive  and  take  by  gift, 
grant,  devise  or  otherwise  and  hold  and  possess,  exclusive  of  said 
library,  real  and  personal  estate  the  value  of  which  shall  not  exceed 
three  thousand  dollars. — 

Sect.  3.  And  be  it  further  enacted,  that  said  corporation  shall 
have  power  to  determine  at  what  place  in  said  town  said  library  shall 
be  kept,  and  may  in  such  manner  and  under  such  regulations  as  shall 
not  be  inconsistent  with  the  beneficial  use  of  said  library  by  said 
religious  teacher  and  his  successors,  loan  the  books  thereof  as  they 
shall  judge  expedient. 

Sect.  4.  And  be  it  further  enacted,  that  the  number  of  said  trus- 
tees shall  not  exceed  five  and  that  when  any  trustee  shall  cease  to  be 
a  member  of  said  first  religious  society  he  shall  cease  to  be  a  trustee 
and  member  of  said  corporation,  and  when  any  vacancy  shall  hap- 


LAWS   OF   NEW  HAMPSHIRE  369 

pen  in  said  corporation  by  death  or  otherwise  said  corporation  shall 
as  soon  as  conveniently  may  be  fill  up  said  vacancy  by  electing  some 
suitable  person  a  trustee,  who  is  a  member  of  said  first  religious  so- 
ciety.— 

Sect.  5.  And  be  it  further  enacted,  that  the  three  persons  first 
mentioned  in  this  act  or  any  two  of  them  shall  have  power  to  call  the 
first  meeting  of  said  corporation  by  giving  to  each  member  thereof 
personal  notice  or  by  posting  up  notifications  in  writing  in  two  public 
places  in  said  Wilton  of  the  time,  place  and  design  of  said  meeting 
seven  days  at  least  before  the  same  shall  be. 


[CHAPTER  54.] 

State  of  } 

New  Hampshire.  { 

An  act  to  incorporate  the  Trustees  of  the  Brackett  Acad- 
emy in  Greenland 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  130;  recorded 
Acts,  vol.  23,  p.  1.  See  also  act  of  July  13,  1876,  Session  Laws,  1872-76, 
p.  665.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Ephraim  Abbot  Joseph  W. 
March,  George  Weeks,  Huntington  Porter,  Jacob  Abbot,  Nathan 
Parker,  Stephen  Pickering  John  K.  Hatch  William  Smith  Junior 
Oliver  W.  B.  Peabody,  Charles  W.  Cutter.  William  Pickering  and 
their  successors  together  with  the  Principle  Instructer  in  said 
Academy  for  the  time  being,  be,  and  they  hereby  are  incorporated 
and  made  a  body  politic  forever  by  the  name  of  the  Trustees  of  the 
Brackett  Academy  in  Greenland;  and  by  that  name  may  sue  and  be 
sued,  plead  and  be  impleaded,  prosecute  and  defend  to  final  judg- 
ment and  execution,  and  be  so  called  and  known  in  all  their  acts  and 
proceedings;  and  they  are  hereby  vested  with  all  the  powers,  rights 
and  privileges  and  made  subject  to  all  the  liabilities  of  similar  Cor- 
porations. 

Sec  2.  And  be  it  further  enacted;  That  the  number  of  said  Trus- 
tees shall  not  at  any  time  be  more  than  thirteen  nor  less  than  seven 
a  major  part  of  whom  shall  be  lay-men  and  reputable  freeholders. 
And  whenever  one  or  more  of  said  Trustees  shall  die  or  resign,  or  in 
the  judgment  of  a  major  part  of  the  other  Trustees,  be  rendered  by 
age,  or  otherwise,  incapable  of  discharging  the  duties  of  his  office, 
in  such  case  the  Trustees  surviving  and  remaining,  or  the  major  part 
of  them,  shall  elect  one  or  more  persons  to  supply  the  vacancy  or 
vacancies  so  happening,  and  all  elections  shall  be  so  made,  that  a 
major  part  of  said  Trustees  shall  consist  of  persons  who  are  not 
inhabitants  of  said  Greenland.     And  a  major  part  of  said  Trustees, 

24 


37°  LAWS  OF   NEW  HAMPSHIRE 

shall  constitute,  a  board  for  the  transaction  of  business  and  all 
questions  at  any  meeting  of  said  Board  shall  be  decided  by  a  major 
vote  of  the  members  present,  except  the  appointment  or  the  removal 
of  a  Trustee  which  shall  require  the  votes  of  a  majority  of  the  whole 
number  of  Trustees  for  the  time  being 

Sec  3  And  be  it  further  enacted,  that  the  Trustees  of  said  Acad- 
emy be  and  they  hereby  are  authorized  and  empowered  to  receive, 
take,  and  hold  in  fee-simple,  or  less  estate  by  gift  grant  or  otherwise, 
any  lands,  tenements  or  other  real  estate,  the  annual  income  of  which 
shall  not  exceed  the  sum  of  two  thousand  Dollars,  and  personal 
estate  of  which  the  annual  income  shall  not  exceed  the  sum  of  six 
thousand  Dollars,  and  the  same  may  sell,  convey  and  dispose  of  for 
the  use  and  benefit  of  said  Institution,  And  said  estate  to  the'amount 
of  three  thousand  Dollars,  while  so  held,  used  and  applied,  for  the 
purposes  hereby  intended,  shall  be  exempt  from  taxation. 

Sec  4  And  be  it  further  enacted,  That  the  said  Joseph  W. 
March,  John  K.  Hatch  and  George  Weeks  or  any  two  of  them  shall 
call  the  first  meeting  of  said  Trustees,  by  giving  notice  of  the  time, 
place  and  design  thereof,  in  writing,  delivered  to  each  of  said  Trus- 
tees, or  left  at  his  usual  place  of  residence  ten  days  at  least  before 
said,  day  of  meeting.  And  at  said  first  meeting  or  at  any  adjourn- 
ment thereof  the  said  Trustees  may  determine  the  manner  of  calling 
and  the  time  and  places  of  holding  their  annual  and  other  meetings, 
and  at  the  same  or  any  subsequent  meeting  duly  notified  and  holden 
they  may  elect  such  officers  and  agents  as  they  may  deem  necessary, 
and  prescribe  their  duties,  may  make  and  establish  rules  for  their 
own  proceedings  and  all  such  orders  and  regulations  as  they  may 
deem  necessary,  and  proper  for  the  government  and  direction  of 
the  Instructers  and  students  in  said  Academy,  for  the  preservation 
and  application  of  the  funds  and  the  property  thereof,  and  may  do 
all  such  acts  and  things  as  may  be  necessary  and  proper  to  carry 
into  effect  the  purposes  hereby  intended 


[CHAPTER  55.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  empowering  the  Justices  of  the  Superior  Court  of 
Judicature  to  appoint  commissioners  for  certain  pur- 
poses.— 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  131;  recorded 
Acts,  vol.  23,  p.  4.  Session  Laws,  1824,  Chap.  87.  Repealed  by  act  of 
June  22,  1829,  id.,  1829,  Chap.  3.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  Justices  of  the  Superior 


LAWS  OF   NEW  HAMPSHIRE  371 

Court  of  Judicature  shall  appoint  a  Commissioner  in  each  county 
who  shall  be  sworn  to  the  faithful  discharge  of  his  duty  and  hold  his 
office  during  the  pleasure  of  said  court  and  whose  duty  it  shall  be 
at  each  session  of  said  court  in  the  county  for  which  he  shall  be 
appointed,  to  tax,  examine  and  allow  all  bills  of  costs  where  the 
State  is  a  party,  arising  on  prosecutions  and  trials  in  said  court,  and 
on  enquiries  before  the  grand  jury,  and  on  examinations  and  pro- 
ceedings before  magistrates  returned  to  said  court,  and  certify  the 
same  to  said  court,  and  which  may  be  reexamined  by  said  court  and 
increased  or  diminished  as  justice  may  require;  and  that  said  court 
shall  at  each  term  allow  to  said  commissioner  such  compensation 
for  his  services  as  may  be  deemed  just  and  reasonable,  to  be  paid 
out  of  the  county  treasury. — 


[CHAPTER  56.] 

State  of  \ 

New  Hampshire.  ) 

An  Act  abolishing  the  May  term  of  the  superior  court  in  the 
county  of  coos. 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  132;  recorded 
Acts,  vol.  23,  p.  5.  Session  Laws,  1824,  Chap.  88.  See  also  acts  of  June  24, 
1813,  Laws  of  New  Hampshire,  vol.  8,  p.  251,  and  June  23,  1818,  id.,  p.  686.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  so  much  of  the  third  sec- 
tion of  an  act  entitled  "an  act  establishing  a  supreme  judicial  court 
and  circuit  court  of  common  pleas",  passed  June  24.  1813,  and  also 
so  much  of  the  act  entitled  "an  act  to  alter  the  May  Term  of  the 
superior  court  of  judicature  in  the  county  of  Grafton  &  Coos", 
passed  June  23.  181 8  as  relates  to  holding  the  superior  court  at  Lan- 
caster in  said  county  of  Coos  on  the  third  and  fourth  Tuesdays  of 
May  annually  be  and  the  same  are  hereby  repealed. 

Sect.  2.  And  be  it  further  enacted,  that  all  writs  venires,  recog- 
nizances, appeals,  actions,  indictments,  warrants  and  processes  of 
every  kind,  which  are  or  may  be  made  returnable  to  said  court  at 
said  Lancaster  on  the  third  Tuesday  of  May  AD.  one  thousand  eight 
hundred  and  twenty  five,  shall  be  returned  to  and  sustained  by  said 
court  at  said  Lancaster  on  the  first  Tuesday  of  November  then 
next. — 


S72  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  57.] 

State  of  I 

New  Hampshire.  \ 

An  act  in  addition  to  an  act  entitled  "An  act  to  incorporate 
sundry  persons  by  the  name  of  the  president  directors  & 
Company  of  the  Concord  Bank" — approved  June  18.  1806. — 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  133;  recorded 
Acts,  vol.  23,  p.  6.  The  act  referred  to  is  printed  in  Laws  of  New  Hamp- 
shire, vol.  7,  p.  521.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened — that  the  said  act  entitled  "an  act 
to  incorporate  sundry  persons  by  the  name  of  the  President  Di- 
rectors &  Company  of  the  Concord  Bank,"  (excepting  the  last  sec- 
tion thereof  which  is  in  the  form  of  an  amendment,  and  so  much  of 
the  remaining  provisions  of  said  act  as  may  be  inconsistent  with 
this  act)  shall  remain  and  continue  to  be  in  force  for  and  during 
the  term  of  twenty  years  from  and  after  the  first  day  of  July  in  the 
year  of  our  Lord  one  thousand  eight  hundred  &  twenty  six — during 
which  term  the  said  Corporation  shall  continue,  and  shall  have  and 
enjoy  all  the  rights  privileges  and  immunities  granted  to  it  in  and 
by  said  act  which  are  not  inconsistent  with  this  act,  and  shall  be  sub- 
ject to  all  the  liabilities  mentioned  and  provided  in  and  by  said  act 
not  inconsistent  with  the  provisions  of  this  act. 

Sect.  2.  And  be  it  further  enacted,  that  the  said  Corporation 
shall  not  issue  and  have  in  circulation  at  any  one  time,  bills  notes  or 
obligations  to  a  greater  amount  than  the  amount  of  the  Capital  Stock 
of  said  Bank  actually  paid  in  at  such  time  and  then  composing  the 
Capital  Stock  of  said  Bank;  and  in  case  any  Cashier,  Director,  or 
other  Officer  of  said  Bank,  at  any  time  shall  knowingly  issue  or 
order,  direct  or  cause  to  be  issued  and  put  into  circulation,  bills, 
notes  or  obligations  of  said  Bank,  which,  together  with  those  before 
issued  and  then  in  circulation  shall  exceed  the  amount  of  the  Cap- 
ital Stock  of  said  Bank  as  aforesaid,  such  Cashier,  Director,  or  other 
officer  shall  forfeit  and  pay  a  sum  not  exceeding  ten  thousand  dol- 
lars, and  not  less  than  one  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  that  Dividends  may  be  made 
semi-annually,  among  the  Stock-holders  of  said  Bank,  of  interest  or 
profits  actually  received,  but  no  part  of  the  Capital  Stock  of  said 
Bank  shall,  either  before  or  after  the  expiration  of  the  time  limited 
by  this  act  for  the  continuance  of  said  Corporation,  be  divided 
among  or  paid  to  the  Stock  holders  without  the  license  of  the  Legis- 
lature of  this  State  therefor,  on  penalty  that  any  Cashier  Director, 
or  other  officer  who  shall  so  divide  or  pay  the  same,  or  order,  direct, 
or  cause  the  same  to  be  done,  shall  therefor  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars  nor  less  than  one  thousand  dol- 


LAWS  OF   NEW  HAMPSHIRE  373 

lars.  Provided  nevertheless  that  it  shall  be  lawful  for  the  Stock- 
holders after  having  given  one  year's  previous  notice  of  their  inten- 
tion by  advertisement  printed  in  two  newspapers  published  in  this 
State,  and  after  payment  of  all  outstanding  debts  due  from  said 
Bank,  to  make  a  division  of  the  Capital  Stock  among  themselves 
and  thereby  dissolve  said  Corporation. 

Sec.  4.  And  be  it  further  enacted,  that  the  Capital  Stock  of  said 
Bank  shall,  for  the  purposes  of  this  act,  at  this  time  be  taken  and 
deemed  to  be  sixty  thousand  dollars,  being  the  amount  of  sums 
actually  paid  into  said  Bank  by  the  Stock-holders,  and  now  com- 
posing the  Capital  Stock  thereof;  and  said  Capital  Stock  shall  be 
taken  to  be  a  sum  not  less  than  one  hundred  thousand  dollars  after 
the  first  day  of  July  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty  six;  and  in  case  of  a  diminution  or  loss  of  any  por- 
tion thereof  by  reason  of  bad  or  desperate  debts  due  to  the  Bank, 
or  other  means  whatever,  it  shall  be  the  duty  of  the  Directors  in  their 
next  annual  return  of  the  condition  of  the  said  Bank,  by  law  re- 
quired to  be  made  to  the  Governor  and  Council,  to  state  the  amount 
of  such  diminution  or  loss  and  the  cause  thereof,  and  after  such  loss 
or  diminution  no  dividend  of  interest  or  profit  shall  be  made  until 
such  loss  or  diminution  shall  be  replaced  and  supplied  by  assess- 
ments and  actual  payments  by  the  Stock  holders,  or  by  appropria- 
tions therefor  of  the  interest  and  profits  actually  received.  Pro- 
vided nevertheless  that  the  Capital  Stock  of  said  Bank  may  be  in- 
creased by  assessments  and  actual  payments  by  the  Stock  holders 
to  any  sum  not  exceeding  in  amount  the  sum  limited  by  the  original 
act  of  incorporation,  and  such  payments  shall  thereupon  be  added 
to  said  sixty  thousand  dollars  and  the  amount  of  both  sums  shall 
constitute  the  Capital  Stock. 

Sec  5.  And  be  it  further  enacted — that  the  Legislature  shall  at 
all  times  have  the  right  by  any  persons  duly  appointed  for  that  pur- 
pose to  examine  into  the  State,  condition,  and  all  the  doings  and 
transactions  of  said  Corporation  and  of  its  officers  relating  to  the 
same,  for  which  purpose  all  the  books  and  papers  of  the  Corpora- 
tion, together  with  its  money  and  securities  for  money,  shall  be  ex- 
hibited and  submitted  to  the  inspection  and  examination  of  such 
persons  so  to  be  appointed,  and  each  officer  of  said  Corporation  shall 
answer  on  oath,  if  required,  all  suitable  and  proper  interrogatories 
relating  to  the  State  condition  or  transactions  of  said  Bank. 

Sec.  6.  And  be  it  further  enacted  that  all  penalties  incurred 
under  this  act  may  be  recovered  by  information  or  suit  in  the  name 
of  the  State. 

Sec.  7.  And  be  it  further  enacted,  that  this  act,  being  made  on 
the  petition  of  the  President  Directors  and  Company  of  the  Con- 
cord Bank,  of  which  Stephen  Ambrose  is  now  President,  and  George 
Kent  Cashier,  the  grant  herein  contained  is  made  to  that  company 
only  and  to  the  Stock  holders  therein. — 


374  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  58.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  ■  Merrimack- 
County  Bank. 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  135;  recorded 
Acts,  vol.  23,  p.  9.  See  also  acts  of  June  20,  1845,  Session  Laws,  1845. 
Private  Acts,  Chap.  298,  and  July  12,  1864,  id.,  1864,  Private  Acts,  Chap. 
3047-] 

Sect.  i.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  Baruch  Chase,  Samuel  Green- 
leaf,  Benjamin  Pierce,  Joseph  Clough,  Richard  Bradley,  Abiel 
Walker,  John  George,  Francis  N.  Fisk,  and  their  associates  and 
those  who  may  hereafter  become  associates  in  said  bank,  their  suc- 
cessors and  assigns  shall  be  and  they  hereby  are  created  and  made  a 
corporation  by  the  name  of  the  President,  Directors  and  Company 
of  the  Merrimack  County  Bank  and  shall  so  continue  until  the  first 
day  of  January  which  will  be  in  the  year  one  thousand  eight  hundred 
and  forty  six,  and  by  that  name  may  sue  and  be  sued,  plead  and  be 
impleaded  in  any  court  of  record  or  elsewhere;  may  have  a  common 
seal,  and  the  same  may  break,  alter  or  renew  at  pleasure;  and  may 
also  make,  ordain  and  establish  such  bylaws  and  regulations,  not 
repugnant  to  the  laws  of  this  State,  as  to  them  shall  appear  neces- 
sary and  convenient  for  their  regulation  and  government,  subject 
always  to  the  rules,  restrictions  and  provisions  hereafter  prescribed. 

Sect.  2.  And  be  it  further  enacted,  that  the  capital  stock  of  said 
Bank  shall  consist  of  a  sum  not  less  than  one  hundred  thousand 
dollars  nor  more  than  one  hundred  and  fifty  thousand  dollars  in 
specie,  and  shall  be  divided  into  one  thousand  shares;  and  the  stock- 
holders at  their  first  meeting  by  a  majority  of  votes  shall  determine 
the  amount  of  payments  to  be  made  on  each  share  and  the  time  when 
they  shall  be  made;  also  the  mode  of  transferring  and  disposing  of 
the' stock  and  the  profits  thereof,  which  being  entered  on  the  books 
of  said  corporation  shall  be  binding  on  the  stockholders,  their  suc- 
cessors and  assigns:  Provided  that  no  stockholder  shall  be  allowed 
to  borrow  at  said  bank  until  he  shall  have  paid  in  his  full  proportion 
of  said  sum  of  one  hundred  thousand  dollars  at  least;  provided  also, 
that  no  stockholder  shall  in  any  case  be  allowed  to  borrow  more 
than  seventy  five  per  cent  on  his  capital  stock  so  paid  in.  And  said 
corporation  is  hereby  made  capable  in  law  to  have,  hold,  purchase 
and  receive  possess  and  enjoy  lands,  tenements  and  hereditaments 
to  the  amount  of  ten  thousand  dollars  and  no  more  at  any  one  time, 
with  power  to  bargain,  sell  and  dispose  of  the  same,  and  to  loan  and 


LAWS   OF   NEW   HAMPSHIRE  375 

negotiate  their  monies  and  effects  by  discounting  on  banking  princi- 
ples.— ■ 

Sect.  3.  And  be  it  further  enacted,  that  the  following  rules, 
limitations  and  provisions  shall  form  and  be  the  fundamental  articles 
of  said  corporation. 

1.  That  the  said  corporation  shall  not  issue  and  have  in  circula- 
tion at  any  one  time,  bills  notes,  or  obligations  to  a  greater  amount 
than  the  amount  of  the  capital  stock  actually  paid  in  at  such  time 
and  then  composing  the  capital  stock  of  said  bank;  and  in  case  any 
cashier,  director  or  other  officer  of  said  bank  at  any  time  shall 
knowingly  issue  or  order,  direct  or  cause  to  be  issued  and  put  in 
circulation,  bills,  notes  or  obligations  of  said  bank,  which  together 
with  those  before  issued  and  then  in  circulation  shall  exceed  the 
amount  of  the  capital  stock  of  said  bank  as  aforesaid,  such  cashier, 
director  or  other  officer  shall  forfeit  and  pay  a  sum  not  exceeding 
ten  thousand  dollars  nor  less  than  one  thousand  dollars. 

2.  That  dividends  may  be  made  semiannually  among  the  stock- 
holders of  said  bank  of  interest  or  profits  actually  received,  but  no 
part  of  the  capital  stock  of  said  bank  shall  be  divided  among  or 
paid  to  the  stockholders  either  before  or  after  the  expiration  of  the 
time  limited  by  this  act  for  the  continuance  of  said  corporation  with- 
out the  licence  of  the  Legislature  of  this  State  therefor  on  penalty 
that  any  cashier,  director  or  other  officer  who  shall  so  divide  or  pay 
the  same,  or  order,  direct  or  cause  the  same  to  be  done  shall  therefor 
forfeit  and  pay  a  sum  not  exceeding  ten  thousand  dollars  nor  less 
than  one  thousand  dollars;  provided  nevertheless  that  it  shall  be 
lawful  for  the  stockholders  after  having  given  one  year's  previous 
notice  of  their  intention  by  advertisement  in  two  newspapers  pub- 
lished in  this  State  and  after  payment  of  all  outstanding  debts  due 
from  said  bank,  to  make  division  of  the  capital  stock  among  them- 
selves and  thereby  dissolve  said  corporation. — 

3.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  bank,  by  any  means  what- 
ever, it  shall  be  the  duty  of  the  directors  in  their  next  annual  return 
of  the  condition  of  said  bank,  by  law  required  to  be  made  to  the 
Governor  and  Council,  to  State  the  amount  of  such  diminution  or 
loss,  and  the  cause  thereof;  and  after  such  loss  or  diminution,  no 
dividend  of  interest  or  profit  shall  be  made  until  such  loss  or  dimi- 
nution shall  have  been  replaced  and  supplied  by  assessments  and 
actual  payments  of  the  stockholders  or  by  appropriations  therefor 
of  the  interest  and  profit  actually  received. — 

4.  That  said  corporation  shall  not  vest,  use  or  improve  any  of 
their  monies,  goods,  chattels,  or  effects  in  trade  or  commerce,  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession  by 
way  of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  corporation  being  a  citizen 


376  LAWS   OF   NEW  HAMPSHIRE 

of  this  State  and  resident  therein  shall  be  eligible  for  a  director:  and 
the  directors  shall  choose  one  of  their  own  number  to  act  as  Presi- 
dent, the  Cashier  before  he  enters  on  the  duties  of  his  office  shall  give 
bond  with  two  or  more  sureties  to  the  satisfaction  of  the  board  of 
directors  in  a  sum  not  less  than  ten  thousand  dollars  with  condi- 
tion for  the  faithful  performance  of  the  duties  of  his  office. 

6.  That  for  the  well  ordering  the  affairs  of  said  corporation  a 
meeting  of  the  stockholders  shall  be  holden  at  such  place  as  they 
shall  direct  on  the  first  Tuesday  of  February  annually,  from  and 
after  their  first  meeting  and  at  any  other  time  during  the  continuance 
of  said  corporation  at  such  place  as  may  be  appointed  by  the  Pres- 
ident and  directors  for  the  time  being  by  public  notification  being 
given  at  least  two  weeks  prior  thereto,  at  which  annual  meeting 
there  shall  be  chosen  by  ballot  seven  directors  to  continue  in  office 
the  year  ensuing  their  election  and  until  others  are  chosen  in  their 
stead;  and  the  number  of  votes  to  which  each  stockholder  shall  be 
entitled  shall  be  according  to  the  number  of  shares  he  shall  hold, 
provided  that  no  one  stockholder  shall  be  entitled  to  more  than 
twenty  votes.  Absent  members  may  vote  by  proxy  being  author- 
ized in  writing  signed  by  the  person  represented  and  filed  with  the 
Cashier. 

7.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  stockholders  may  make  the  president  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  no  less  than  four  directors  shall  constitute  a  board  for 
the  transaction  of  business,  of  whom  the  president  shall  be  one,  ex- 
cept in  case  of  sickness  or  necessary  absence  in  which  case  the 
directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9.  That  all  bills  issued  from  said  bank  signed  by  the  president 
and  countersigned  by  the  cashier  shall  be  binding  on  said  corpora- 
tion. 

10.  That  the  directors  shall  appoint  a  cashier,  clerks  and  such 
other  officers,  agents  or  servants  for  conducting  the  business  of  the 
bank  with  such  salaries  as  to  them  shall  seem  iust  and  proper. 

11.  That  the  aforesaid  Bank  shall  be  established  and  kept  in  the 
town  of  Concord  in  the  County  of  Merrimack. 

12.  That  the  legislature  shall  at  all  times  have  the  right  by  per- 
sons duly  appointed  for  that  purpose  to  examine  into  the  State  and 
condition  and  all  the  doings  and  transactions  of  said  corporation  and 
of  their  officers  relating  to  the  same;  for  which  purpose  all  the  books 
and  papers  of  the  corporation  together  with  their  monies  and  securi- 
ties for  money  shall  be  exhibited  and  submitted  to  the  inspection  and 
examination  of  such  persons  so  appointed;  and  each  officer  of  said 
corporation  shall  answer  on  oath  if  required  all  suitable  and  proper 
interrogatories  relating  to  the  State,  condition  and  transactions  of 
said  bank. 


LAWS  OF   NEW  HAMPSHIRE  377 

Sect.  4.  And  be  it  further  enacted  that  the  said  Baruch  Chase, 
John  George  and  Francis  N.  Fisk,  or  any  two  of  them  may  call  a 
meeting  of  the  members  of  said  corporation  at  such  time  and  place 
as  they  may  see  fit  by  giving  public  notice  thereof  at  least  two  weeks 
prior  to  the  time  of  meeting  by  posting  up  notifications  therefor  at 
some  public  place  in  said  Concord  or  by  advertisement  in  one  or 
more  newspapers  printed  therein,  for  the  purpose  of  making  and 
establishing  such  bylaws  and  regulations  as  the  said  members  may 
deem  necessary  and  for  the  choice  of  the  first  board  of  Directors  and 
such  other  officers  as  they  may  see  fit  to  choose. 

Sect.  5.  And  be  it  further  enacted,  that  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State;  provided  neverthe- 
less that  this  act  shall  not  take  effect  until  the  sixth  day  of  July  next. 


[CHAPTER  59.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  authorize  the  Adjutant  General  to  procure  books 
for  the  use  of  the  officers  of  the  several  companies  of 
Artillery  and  Cavalry. 

[Approved  December  22,  1824.  Original  Acts,  vol.  28,  p.  137;  recorded 
Acts,  vol.  23,  p.  15.     Session  Laws,  1824,  Chap.  90.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  convened,  that  the  officers  of  the  several 
companies  of  Artillery  and  Cavalry  shall  be  furnished  at  the  ex- 
pense of  the  State,  with  books  relating  to  the  rules  and  regulations 
of  the  discipline  of  their  respective  corps;  and  the  Adjutant  General 
of  this  State  is  hereby  required  to  procure  such  books  and  distribute 
the  same  as  the  Commander  in  Chief  shall  direct. 


[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1824,  December  10. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Honorable  William  Plumer  Jun1'  be  appointed  an  agent 
on  the  part  of  this  State  to  adjust  the  claim  against  the  United  States, 
at  the  Session  of  Congress  commencing  on  the  first  monday  of  December 
instant — and  that  His  Excellency  the  Governor  be  requested  to  give  him 
such  instructions  in  relation  thereto  as  he  may  deem  expedient 

[Senate  Journal.  November  Session,  1824,  p.  55.  Original  Acts,  vol. 
28,  p.  138.] 


378  LAWS  OF   NEW  HAMPSHIRE 

1824,  December  15. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  use  of  Medical  College  in  Hanover  be  granted  to 
Reuben  D.  Mussey,  Daniel  Oliver  James  F.  Dana  and  such  others,  as 
are  or  may  be  Professors  of  the  New  Hampshire  Medical  Institution,  until 
the  Legislature  shall  otherwise  direct  upon  the  following  conditions  to 
wit, 

1  That  the  said  Professors,  out  of  the  rents  and  profits  of  said  build- 
ing shall  keep  the  same  in  good  repair. 

2  That  they  apply  the  surplus  of  said  rents  and  profits  (if  any  remain 
after  deducting  the  cost  of  said  repairs)  towards  the  establishment  of 
an  Infirmary  in  said  Hanover  for  the  gratuitous  relief  of  such  persons  as 
may  apply  for  medical  or  surgical  assistance 

3  That  from  and  after  the  month  of  June  next,  they  render  an  ac- 
count annually  to  the  Governor  and  Council  of  the  rents  and  profits  of 
said  building,  and  of  the  expenditure  of  the  money  so  received. 

And  the  said  Reuben  D.  Mussey  Daniel  Oliver,  and  James  F.  Dana  are 
appointed  the  agents  of  the  State  to  have  the  care  of  said  building  until 
the  Legislature  shall  otherwise  direct;  provided  however  that  they  shall 
receive  no  compensation  for  their  services  as  such  agents — 

[House  Journal,  November  Session,  1824,  p.  272.  Senate  Journal, 
November  Session,  1824,  p.  86.     Original  Acts,  vol.  28,  p.  139.] 


1824,  December  16. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Treasurer  of  this  State  be  and  he  hereby  is  authorised 
to  convey  to  William  C.  Ford  of  Bartlett  all  the  right  and  title  the  State 
of  New  Hampshire  has  in  and  unto  a  tract  of  land  situated  in  said  Bartlett 
and  bounded  as  follows  beginning  at  a  beech  tree  marked  with  the 
letters  I.W.  W.C.F  thence  south  sixty  two  degrees  east  one  hundred 
rods  to  a  beech  tree  marked  with  the  letters  S.M.-)-W.C.F.  thence  South 
ten  degrees  west  one  hundred  and  sixty  one  rods  to  a  beech  tree  marked 
with  the  letters  S.E.=W.C.F  thence  north  sixty  two  degrees  west  one 
hundred  rods  to  a  white  pine  tree,  thence  north  ten  degrees  east  one  hun- 
dred and  sixty  one  rods  to  the  first  mentioned  bonds  containing  One  hun- 
dred acres.  Provided  the  said  William  C.  Ford  shall  within  the  term  of 
one  year  pay  into  the  treasury  of  this  State  the  sum  of  forty  Dollars 

[House  Journal,  November  Session,  1824,  p.  299,  Senate  Journal, 
November  Session,  1824,  p.  97.     Original  Acts,  vol.  28,  p.  140.] 


1824,  December  16. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Treasurer  of  this  State  be  and  he  hereby  is  authorised 
to  convey  to  John  Emery  of  Bartlett  all  the  right  and  title  the  State  of 
New  Hampshire  has  in  and  unto  a  tract  of  land  situated  in  said  Bartlett 
adjoining  and  lying  west  of  land  granted  by  this  State  to  Sylvanus  Emery 
and  bounded  as  follows,  beginning  at  an  ash  tree,  standing  on  the  North 
Bank  of  Rocky  Branch,  so  called,  thence  north  one  hundred  and  sixty 


LAWS   OF   NEW  HAMPSHIRE  379 

rods  to  a  maple  tree,  thence  west  thirty  eight  rods  to  a  hemlock  tree 
marked,  thence  south  one  hundred  and  sixty  rods,  thence  east  thirty  eight 
rods,  to  the  bounds  first  mentioned  containing  thirty  eight  acres 

Provided  the  said  John  Emery  shall  within  the  term  of  one  year  pay 
into  the  Treasury  of  this  State  the  sum  of  nineteen  Dollars — 

[House  Journal,  November  Session,  1824,  p.  300.  Senate  Journal, 
November  Session,  1824,  p.  97.    Original  Acts,  vol.  28,  p.  141.] 


1824,  December  21. 

Sect.  1.  Resolved  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened,  that  the  towns  of  Colebrook  and  Columbia  be 
classed  for  the  purpose  of  sending  a  representative  to  the  General  Court 
of  this  State,  and  the  said  town  of  Colebrook  is  hereby  authorized  to  call 
the  first  meeting  of  said  district  and  that  the  meetings  shall  be  holden 
alternately  in  Colebrook  and  Columbia. 

Sect.  2.  And  be  it  further  resolved,  that  the  places  called  Dixville, 
Millsfield,  Errol  and  First  College  grant  be  classed  with  Stewartstown 
for  the  purpose  of  sending  a  representative  to  the  General  Court  of  this 
State  and  that  the  town  of  Stewartstown  is  hereby  authorized  to  call  the 
first  meeting  of  said  district  and  that  the  meetings  of  said  district  shall 
be  holden  in  Stewartstown  until  otherwise  ordered  by  the  Legislature, 
any  act  or  resolve  to  the  contrary  notwithstanding. — 

[House  Journal,  November  Session,  1824,  p.  413.  Senate  Journal, 
November  Session,  1824,  p.  132.    Original  Acts,  vol.  28,  p.  142.] 


1824,  December  22. 

1  Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  that  His-Excellency  the  Governor  be  and  he  is  hereby 
requested  to  make  known  to  the  Senators  and  Representatives  of  this 
State  in  the  Congress  of  the  United  States,  the  anxious  desire  of  the 
Legislature  and  people  of  this  State,  that  such  measures  may  be  adopted 
in  relation  to  that  part  of  the  late  message  of  the  President  of  the  United 
States,  which  refers  to  the  services  and  sacrifices  of  Gen  LaFayette  dur- 
ing our  Revolutionary  Struggle  as  will  reflect  most  honour  upon  our  Coun- 
try and  upon  its  illustrious  guest. 

2  And  be  it  further  resolved  that  His-Excellency  the  Governor  be  and 
he  is  hereby  requested  to  renew  his  invitation  to  General  LaFayette  to 
visit  the  seat  of  government  during  the  next  Session  of  the  Legislature 
and  allow  its  members  the  honor  of  publickly  expressing  those  sentiments 
of  gratitude  for  his  services  and  of  admiration  for  his  wiiole  character 
which  they  entertain  in  common  with  all  whom  they  represent. 

3  And  be  it  further  resolved  that  His  Excellency  the  Governor  be  and 
he  hereby  is  requested,  to  cause  such  arrangements  to  be  made  for  the 
reception  and  accommodation  of  Gen  LaFayette  during  his  visit  to  this 
State  as  will  most  consult  his  health  and  convenience  and  best  express 
the  universal  feelings  of  joy  which  his  visit  will  occasion — 

[House  Journal,  November  Session,  1824,  p.  488.  Senate  Journal 
November  Session,  1824,  p.  141.    Original  Acts,  vol.  28,  p.  143.] 


380  LAWS  OF   NEW  HAMPSHIRE 

1824,  December  22. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Treasurer  of  this  State  be  and  he  hereby  is  authorized, 
with  the  advise  and  consent  of  the  Governor  at  any  time  before  June  1. 
1825  to  invest  in  the  funded  debt  of  the  United  States,  or  to  loan  upon 
unquestionable  security  any  sum  or  sums  of  money  in  the  Treasury  not 
appropriated  upon  such  conditions  as  that  the  same  may  be  repaid  into 
the  Treasury  whever  it  is  wanted  for  the  use  of  the  State;  and  in  case 
any  such  sum,  or  sums  be  invested  in  the  funded  debt  of  the  United 
States  as  aforesaid  that  the  Treasurer  be  authorized  with  the  advise 
and  consent  of  the  Governor  as  aforesaid,  to  sell  such  funded  debt,  when- 
ever the  money  so  invested  be  wanted  for  the  service  of  the  State 

[House  Journal,  November  Session,  1824,  p.  492.  Senate  Journal, 
November  Session,  1824,  p.  139.    Original  Acts,  vol.  28,  p.  144.] 


1824,  December  22. 

1  Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  that  all  the  land  north  of  the  45th  degree  of  North  lat- 
itude which  has  been  at  any  time  supposed  to  be  within  the  limits  of  this 
State  and  which  is  not  known  and  established  to  be  within  the  State  of 
Vermont  or  Maine,  or  within  the  province  of  Lower  Canada,  shall  be  taken 
and  deemed  to  be  within  the  limits  and  under  the  jurisdiction  of  this 
State,  and  shall  constitute  a  part  of  the  county  of  Coos 

2.  And  be  it  further  resolved  that  all  the  right  and  interest  which 
the  State  of  New  Hampshire  hath  or  may  have  to  such  parts  of  the  tract 
or  parcel  of  land  situate  in  said  State  north  of  the  45th  degree  of  North 
latitude,  commonly  called  King  Philip's  grant  which  are  now  in  the 
possession  of  any  actual  settler  be,  and  the  same  are  hereby  granted  and 
released  to  such  actual  settler,  his  heirs  and  assigns — provided  however 
that  no  such  actual  settler  shall  be  quieted  in  his  title  under  this  resolution 
for  more  than  two  hundred  acres;  excepting  Jeremiah  Taber  Esq.  who 
is  hereby  quieted  in  his  title,  as  to  any  claim  this  State  to  such  of  said 
lands  as  are  in  his  actual  possession,  not  exceeding  five  hundred  acres,  and 
Nathaniel  Perkins,  Esquire  who  is  hereby  quieted  in  his  title,  as  to  any 
claims  by  this  State,  to  such  of  said  lands  as  are  in. his  actual  possession, 
not  exceeding  seven  hundred  acres.  Provided  however,  that  nothing  here- 
in contained  shall  affect  any  action  or  process,  now  pending  in  the  Superior 
Court  of  Judicature,  in  the  name  or  behalf  of  the  State  against  any  such 
settler,  but  said  court  shall  proceed  in  the  same  to  final  judgement:  and 
in  case  such  judgement  shall  be  rendered  against  such  settler,  no  writ  of 
restitution,  execution,  or  other  process  shall  be  issued  on  such  judgment, 
without  the  further  order  of  the  Legislature. 

[House  Journal,  November  Session,  1824,  p.  531.  Senate  Journal, 
November  Session,  1824,  p.  152.     Original  Acts,  vol.  28,  p.  145.] 


LAWS   OF  NEW  HAMPSHIRE  3^1 

[THIRTY-FOURTH  GENERAL  COURT.] 

[Held  at  Concord,  One  Session,  June  i,  1825,  to  July  2,  182 5.] 
[OFFICERS  OF  THE  GOVERNMENT.] 

David  L.  Morril,  Governor. 
Richard  Bartlett,   Secretary. 
Dudley  S.  Palmer,  Deputy  Secretary. 
William  Pickering,  Treasurer. 
George  Sullivan,  Attorney  General. 
Matthew  Harvey,  President  of  the  Senate. 
Henry  Hubbard,  Speaker  of  the  House. 

[Members  of  the  Council.] 

Langley  Boardman,  Portsmouth. 

Daniel  Hoit,  Sandwich. 

John  Wallace,  Jr.,  Milford. 

Thomas  C.  Drew,  Walpole. 

Caleb  Keith,  Wentworth. 

[Members  of  the  Senate.] 

William  Claggett,  Portsmouth. 

John  Brodhead,  Newmarket. 

Thomas  Chandler,  Bedford. 

Hall  Burgin,  Allenstown. 

Andrew  Peirce,  Dover. 

Benning  M.  Bean,  Moultonborough. 

Jesse  Bowers,  Dunstable. 

Matthew  Harvey,  Hopkinton. 

Phineas  Handerson,  Chesterfield. 

Stephen  Johnson,  Walpole. 

Diarca  Allen,  Lebanon. 

Stephen  P.  Webster,  Haverhill. 

[Members  of  the  House.] 

rockingham  county. 

Atkinson  and  ]  j        h  LUtl 

Plaistow,  \ 

Brentwood,  Andrew  Dudley. 

Candia,  John  Lane. 

Chester,  Samuel  Aiken. 

Samuel  D.  Bell. 


382 


LAWS   OF   NEW  HAMPSHIRE 


Deerfield, 

East  Kingston  and  ( 
South  Hampton,       \ 
Epping, 
Exeter, 

Greenland, 
Hampton  Falls, 
Hawke  and   { 
Sandown,       \ 
Kensington, 
Kingston, 
Londonderry, 


Newcastle, 

Newington, 

Newmarket, 

North  Hampton, 

Northwood, 

Nottingham, 

Poplin, 

Portsmouth, 


Raymond, 

Rye, 

Salem, 

Seabrook, 

Stratham, 

Windham, 


Gilbert  Chadwick. 
Daniel  Haynes. 

Joseph  Currier. 

Samuel  Lawrence. 
Jeremiah  Dow. 
Oliver  W.  B.  Peabody. 
Joseph  Weeks. 
Thomas  Leavitt. 

Abraham  S.  French. 

Newell  Healey. 
William  Webster. 
William  Choate,  Jr. 
Robert  Mack. 
James  Thom. 
George  Bell. 
Cyrus  Frink. 
Arthur  Branscomb. 
Ebenezer  Leavitt. 
Joel  B.  Virgin. 
Bradbury  Bartlett. 
Joseph  Godfrey. 
Samuel  E.  Coues. 
Daniel  P.  Drown. 
Abner  Greenleaf. 
John  N.  Sherburne. 
Levi  Woodbury. 
John   Folsom. 
Joseph  Lock,  4th. 
John  Clindenin. 
John  Lock. 
Noah  Piper. 
Jeremiah  Morrison. 


STRAFFORD  COUNTY. 


Barnstead, 

Barrington, 
Burton, 

Center  Harbor, 
Conway, 
Dover, 


Durham, 


John  Kaime. 
John  Peavey. 
David  Winkley. 
Enoch  Merrill. 
Jonathan  S.  Moulton. 
James  Willey. 
James  Bartlett. 
Robert  Rogers. 
John  Williams. 
John  Mooney,  Jr. 


LAWS   OF   NEW   HAMPSHIRE 


383 


Eaton, 

John  March. 

Effingham, 

James  Lord. 

Farmington, 

Joseph  Hammons. 

Gilmanton, 

Daniel  Gale,  3d. 

Charles  Parker. 

William  Prescott. 

Gilford, 

Barnard  Morrill. 

Lee, 

Gardner  Towle. 

Madbury, 

Elijah  Austin. 

Meredith, 

Stephen  Gale. 

Washington  Smith. 

Milton, 

Hanson  Hayes. 

Moultonborough, 

Isaiah  G.  Orne. 

New  Durham, 

Thomas  Tash,  Jr. 

New  Hampton, 

Nicholas  M.  Taylor. 

Ossipee, 

Ezekiel  Wentworth. 

Rochester, 

David  Barker,  Jr. 

Joseph  Cross. 

Sanbornton, 

James  Clark. 

Matthew  Perkins. 

Sandwich, 

Neal  McGaffrey. 

George  F.  Marston. 

Somersworth, 

William  W.  Rollins. 

Strafford, 

Tobias  Roberts. 

Tamworth, 

Ford  Whitman. 

Tuftonborough, 

John  Piper,  Jr. 

Wakefield, 

Henry  L.  Wiggin. 

Wolfeborough, 

John  C.  Young. 

MERRIMACK 

COUNTY. 

Allenstown, 

Andrew  0.  Evans. . 

Andover, 

Robert  Barber. 

Boscawen, 

Hezekiah  Fellows. 

Ezekiel  Webster. 

Bow, 

David  White. 

Bradford, 

Daniel  Millen. 

Canterbury, 

Leavitt  Clough. 

Chichester, 

David  M.  Carpenter 

Concord, 

Richard  Bradley. 

Francis  N.  Fisk. 

Dunbarton, 

John  Stinson. 

Epsom, 

William  Ham,  Jr. 

Fishersfield, 

Jonathan  P.  Dodge. 

Henniker, 

Moses  Brown. 

Enoch  Darling. 

334 


LAWS   OF   NEW  HAMPSHIRE 


Hooksett, 
Hopkinton, 

Loudon, 

New  London, 

NortMeld, 

Pembroke, 

Pittsfield, 

Sutton, 

Warner, 

Wilmot, 


Samuel  Head. 
Charles  Chase. 
Nathaniel  Knowlton. 
Nathan  Batchelder. 
Moses  L.  Harvey. 
Jeremiah  Smith. 
Boswell  Stevens. 
Ebenezer  Knowlton. 
Benjamin  Wadleigh. 
Caleb  Buswell. 
Timothy  Flanders. 
Jabez  Youngman. 


HILLSBOROUGH   COUNTY. 


Amherst, 

Antrim, 

Bedford, 

Brookline, 

Deering, 

Dunstable, 

Francestown, 

Goffstown, 

Greenfield, 

Hancock, 

Hillsborough, 

Hollis, 

Litchfield, 

Lyndeborough, 

Manchester, 

Mason, 

Merrimack, 

Mil  ford, 

Mont  Vernon, 

New  Boston, 

New  Ipswich. 

Nottingham  West, 

Pelham, 

Peterborough, 

Sharon, 

Society  Land, 

Temple, 

Weare, 

Wilton, 


Edmund  Parker. 
Amos  Parmenter. 
William  Riddle. 
Thomas  Bennett. 
William  McKean. 
Benjamin  F.  French. 
Alexander  Wilson. 
Robert  Hall. 
William  Whittemore. 
Joseph  Symonds. 
Andrew  Sargent. 
Benjamin  M.  Farley. 
Joseph  Chase. 
Joseph  Jones. 
Frederick  G.  Stark. 
Josiah  Russell. 
Henry  T.  Ingalls. 
Stephen  Peabody. 
John  Bruce. 
Benjamin  Fairfield. 
Charles  Barrett. 
Caleb  S.  Ford. 
James  Hobbs. 
Jonathan  Smith. 
James  Law. 
Joseph  Chapman. 
David  Stiles. 
Amos  W.  Bailey. 
Tristram  Eaton. 
Samuel  Abbot. 


LAWS  OF   NEW   HAMPSHIRE 


385 


CHESHIRE  COUNTY. 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitzwilliam, 

Gilsum  and    ) 

Surry,  \ 

Goshen, 

Grantham, 

Hinsdale, 

Jaffrey, 

Keene, 

Langdon, 

Lempster, 

Marlborough, 

Marlow, 

Nelson, 

Plainfield, 

Richmond, 

Rindge, 

Roxbury, 

Springfield, 

Stoddard, 

Sullivan, 

Swanzey, 

Troy, 

Unity, 

Walpole, 

Washington, 

Wendell, 

Westmoreland, 

Winchester, 


David  Blanchard. 
Ezra  Kidder. 
Henry  Hubbard. 
John  Kneeland. 
Jonathan  Nye. 
Thomas  Woolson. 
Eleazer  Jackson. 
Amos  Hall. 
Joseph  Appleton. 
Levi  Chamberlain. 

Luther  Whitney. 

Reuben  WTilley. 
James  Smith. 
Abraham  Hinds. 
Oliver  Prescott. 
Joel  Parker. 
James  Wilson,  Jr. 
Needham  Angier. 
William  Carey. 
Joseph  Frost. 
Elisha  Huntley. 
Ezra  Wardwell. 
Reuben  True. 
Joseph  Newell. 
Ezra  Thomas. 
Samuel  Griffin. 
John  Quimby. 
Francis  Matson. 
John  Wilson. 
Elijah  Sawyer. 
Daniel  W.  Farrar. 
James  A.  Gregg. 
Josiah  Bellows,  2d. 
David  Farnsworth. 
Thomas  Pike. 
Larkin  Baker. 
Horace  Chapin. 


GRAFTON  COUNTY. 


Alexandria, 

Bath, 

Bridgewater, 


25 


William  Crawford. 
Ira  Goodall. 
Joseph  Prescott. 


3S6 


LAWS  OF   NEW  HAMPSHIRE 


Bristol, 

Campton, 

Canaan, 

Danbury, 

Dorchester, 

Ellsworth, 

Enfield, 

Franconia, 

Grafton, 

Groton, 

Hanover, 

Haverhill, 
Holderness, 
Landaff, 
Lebanon, 

Lisbon, 

Littleton, 

Lyman, 

Lyme, 

New  Chester, 

Orford, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren, 

Wentworth, 


Joseph  Flanders. 
John  Rogers. 
Daniel  Blaisdell. 
Walter  Sherwell. 
Caleb  Blodgett. 
Stephen  Avery. 
Robert  Cochran. 
Samuel  Burnham. 
Daniel  Bartlett. 
Thomas  Page. 
John  Durkee. 
Mills  Olcott. 
Samuel  Cartland. 
Walter  Blair. 
Daniel  Clark. 
William  Benton. 
Samuel  Young. 
Jonathn  Bowles. 
Nathaniel  Rix,  Jr. 
John  Moulton. 
Nathaniel  Lambert. 
Daniel  Favor. 
John  Rogers. 
Edmund  Stevens. 
Joseph  Weld. 
Josiah  Quincy. 
Enoch  Colby,  Jr. 
Abel  Merrill. 
Jonathan  Eames. 


COOS  COUNTY. 


Adams  and  ] 
Bartlett,       \ 
Colebrook   and    ) 
Columbia,  \ 

Dalton, 

Jefferson,  "] 

Randolph, 
Kilkenny, 

Shelburne,  \ 

Shelburne  Addition,  | 
Bretton  Woods  and  j 
Nash  and  Sawyer's 

Location,  J 

Lancaster, 


Stephen  Meserve. 
Ephraim  H.  Mahurin. 
Ebenezer  Rix. 

Barker  Burbank. 


John  Willson. 


LAWS  OF   NEW   HAMPSHIRE 


387 


Northumberland,    ] 

Piercy,  \ 

Stratford  and 

Milan,  J 

Stewartstown, 

Dixville, 

Millsfield, 

Errol  and 

First  College  Grant,  J 


Joshua  Marshall. 


Jeremiah  Eames. 


388  LAWS  OF   NEW  HAMPSHIRE 

[First  Session  held  at  Concord,  June  i,  2,  3,  4,  6,  7,  8,  9,  10,  11, 
13,  14,  15,  16,  17,  18,  20,  21,  22,  23,  24,  25,  27,  28,  29,  30,  July 
1,  2,  1825.] 


[CHAPTER  1.] 


State  of  \ 

New  Hampshire.  \ 


An  act  to  incorporate  the  First  Religious  Library  in  Gil- 

MANTON. 

[Approved  June  14,  1825.  Original  Acts,  vol.  29,  p.  1 ;  recorded  Acts, 
vol.  23,  p.  16.] 

Sec  i  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Samuel  B.  French,  Jacob 
Sanborn  and  William  Prescott  their  associates  and  those  who  may 
hereafter  become  associated  with  them  and  their  successors  be  and 
they  hereby  are  created  and  made  a  body  corporate  and  politic 
by  the  name  of  the  First  Religious  Library  in  Gilmanton  with  con- 
tinuance and  succession  forever  and  by  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution,  and 
for  the  purpose  of  establishing  and  maintaining  a  religious  library 
in  Gilmanton,  may  purchase  and  hold  personal  estate  to  any  amount 
not  exceeding  One  Thousand  Dollars,  and  the  same  may  sell,  con- 
vey and  dispose  of  at  pleasure,  may  have  a  common  seal  and  the 
same  break,  alter  and  renew  at  pleasure,  and  enjoy  all  the  priveleges 
and  be  subjected  to  all  the  liabilities  of  corporations  of  a  similar 
nature. 

Sec  2  And  be  it  further  enacted  that  said  Samuel  B.  French, 
Jacob  Sanborn  and  William  Prescott  or  either  two  of  them  may  call 
the  first  meeting  of  said  Corporation  by  giving  notice  thereof  at 
least  ten  days  prior  to  the  time  of  meeting  by"  posting  up  in  two 
public  places  in  said  Gilmanton  a  written  advertisement  of  the  time 
and  place  of  holding  the  same;  at  which  or  at  any  subsequent  meet- 
ing said  Corporation  may  establish  such  rules  and  by-laws  as  they 
may  think  proper. 


LAWS   OF   NEW  HAMPSHIRE  3^9 

[CHAPTER  2.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  authorize  the  New-Hampshire  Iron  Factory  Com- 
pany  TO   INCREASE   THE   NUMBER   OF    SHARES   IN    THEIR   CAPITAL 

Stock  and  for  other  purposes. 

[Approved  June  14,  1825.  Original  Acts,  vol.  29,  p.  2;  recorded  Acts, 
vol.  23,  p.  17.  See  acts  of  December  21,  1805,  Laws  of  New  Hampshire, 
vol.  7,  p.  440;  June  18,  1810,  id.,  p.  868;  June  16,  1814,  id.,  vol.  8,  p.  305; 
June  29,  1818,  id.,  p.  740;  June  11,  1819,  id.,  p.  755;  June  29,  1819,  id.,  p. 
808;  July  1,  1829,  Acts,  vol.  27,  p.  64;  June  30,  i860,  Session  Laws,  i860, 
Private  Acts,  Chap.  2447;  July  4,  1861,  id.,  1861.  Private  Acts,  Chap.  2560, 
and  August  9,  1881,  id.,  1877-81,  p.  598.] 

Sec  I  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  New  Hampshire  Iron 
Factory  Company  be  and  they  hereby  are  authorized  and  empow- 
ered to  divide  the  capital  stock  of  said  Company  into  any  number 
of  shares  not  exceeding  two  thousand,  which  shall  be  determined  on 
at  any  legal  meeting  of  the  stockholders,  which  may  be  duly  notified 
and  holden  for  that  purpose,  after  the  passing  of  this  act;  any  thing 
in  their  original  act  of  Incorporation,  or  any  subsequent  acts  in 
addition  thereto  to  the  contrary  notwithstanding. 

Sec  II  And  be  it  further  enacted;  that  the  Treasurer  of  said 
Corporation  shall  be,  and  hereby  is  authorized  upon  receiving  the 
original  certificates,  to  issue  new  certificates  of  ownership  to  the 
several  stockholders  for  the  proportional  number  of  shares  to  which 
they  will  respectively  be  entitled  in  the  new  division  of  the  capital 
stock  which  shall  be  made  pursuant  to  this  act.  And  no  owner  of 
any  original  share  or  shares  of  said  stock  shall  be  entitled  to  vote 
in  the  meetings  of  said  Company,  or  to  receive  any  dividend  upon 
his  share  or  interest  therein  until  his  original  certificate  or  certifi- 
cates shall  be  surrendered  and  new  certificates  taken  under  this  act. 
Provided  however  that  the  expenses  of  the  first  issuing  of  such  new 
certificates  shall  be  a  charge  upon  the  general  funds  of  said  Corpo- 
ration and  not  upon  the  individual  Stockholders. 

Sec  III  And  be  it  further  enacted;  that  the  Directors  of  said 
Corporation  for  the  time  being  shall  be  and  hereby  are  authorized 
to  purchase  any  share  or  shares  which  may  be  sold  for  the  non- 
payment of  assessments  legally  made  for  the  Corporation;  Provided 
they  shall  in  no  case  give  a  greater  sum  than  the  amount  of  assess- 
ments and  costs  due  on  such  shares;  and  to  sell  the  same  share  or 
shares  so  purchased,  at  private  sale  or  otherwise  for  the  benefit  of 
said  Corporation. 


39°  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  3.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Fitzwilliam  Engine  Company. 

[Approved  June  16,  1825.  Original  Acts,  vol.  29,  p.  3;  recorded  Acts, 
vol.  23,  p.  19.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Jacob  Felton  Curtis  Coolidge 
Daniel  Reed  Peletiah  M.  Everett  John  J.  Allen,  their  associates 
and  successors  be  and  they  hereby  are  incorporated  and  made  a 
body  politic  by  the  name  of  the  Fitzwilliam  Engine  Company; 
and  by  that  name  are  hereby  vested  with  all  the  powers  and  privi- 
leges and  subjected  to  all  the  duties  and  liabilities  of  similar  cor- 
porations 

Sec  2  And  be  it  further  enacted  that  said  corporation  is  author- 
ized and  empowered  to  hold  and  possess  real  and  personal  estate 
not  exceeding  in  value  the  sum  of  one  thousand  Dollars  and  to  sell 
or  otherwise  dispose  of  the  same  as  they  may  see  fit — 

Sec  3  And  be  it  further  enacted,  that  Jacob  Felton  Curtis 
Cooledge  and  Daniel  Reed  or  any  two  of  them  may  call  the  first 
meeting  of  said  Company  at  any  suitable  time  and  place  in  said 
Fitzwilliam  by  posting  up  at  some  publick  place  in  said  town  a 
notice  in  writing  of  the  time,  place,  and  object  of  said  meeting  at 
least  three  days  previous  to  the  time  of  holding  the  same  at  which 
meeting  the  members  may  do  and  transact  any  business  necessary 
to  carry  into  effect  the  objects  of  their  association. 


[CHAPTER  4.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  the  New-Ipswich  fire  Engine  Com- 
pany Number  One 

[Approved  June  16,  1825.  Original  Acts,  vol.  29,  p.  4;  recorded  Acts, 
vol.  23,  p.  20.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  James  W.  Bliss  and  his 
associates  and  successors  be  and  they  hereby  are  incorporated  and 
made  a  body  politic,  by  the  name  of  the  New  Ipswich  Engine  Com- 
pany No  1  and  by  that  name  are  hereby  vested  with  all  the  powers 
and  privileges  and  subjected  to  all  the  duties  and  liabilities  of  sim- 
ilar corporations. 


LAWS  OF  NEW  HAMPSHIRE  39 l 

Sec  2  And  be  it  further  enacted  that  said  Corporation  is  author- 
ized and  empowered  to  hold  and  possess  real  and  personal  estate  not 
exceeding  in  value  One  Thousand  Dollars  and  to  sell  or  otherwise 
dispose  of  the  same  as  they  may  see  fit. 

Sec  3  And  be  it  further  enacted  that  James  W.  Bliss  may  call 
the  first  meeting  of  the  corporation  at  any  suitable  time  and  place 
in  said  New-Ipswich,  by  posting  up  at  some  publick  place  in  said 
town,  a  notice  in  writing  of  the  time,  place  and  object  of  said  meet- 
ing at  least  three  days  previous  to  the  time  of  holding  the  same,  at 
which  meeting  the  members  may  do  and  transact  any  business 
necessary  to  carry  into  effect  the  object  of  their  association. 


[CHAPTER  5.] 

State  of  ] 

New  Hampshire,  j 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
New  Market  Sacred  Musical  Society 

[Approved  June  16,  1825.  Original  Acts,  vol.  29,  p.  5;  recorded  Acts, 
vol.  23,  p.  21.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Preserved  Robinson,  Colum- 
bus Warren  and  George  Dearborn  and  their  associates,  and  those 
who  may  hereafter  become  associated  with  them,  be  and  they 
hereby  are  incorporated  into  and  made  a  body  politic  and  corpo- 
rate by  the  name  and  style  of  the  New  Market  Sacred  Musical 
Society,  subject  to  all  the  liabilities  and  with  all  the  privileges 
incident  to  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted,  that  said  Preserved  Robinson 
may  call  the  first  meeting  by  giving  three  days  personal  notice 
thereof  to  the  members  of  said  society,  at  which  meeting  they  may 
proceed  to  the  choice  of  a  Clerk  and  such  other  officers  as  may 
be  deemed  necessary  for  the  government  of  said  society  and  may 
pass  by-laws  and  regulations,  not  repugnant  to  the  laws  of  the 
State,  and  may  agree  on  the  manner  of  calling  and  governing  future 
meetings  and  do  and  transact  any  business  deemed  necessary  and 
convenient  for  the  due  organization  of  the  Society. 


392  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  6.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  the  Pro- 
prietors of  the  Indian  Head  Factories 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  6;  recorded  Acts, 
vol.  23,  p.  23.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Charles  C.  Haven  Asher 
Benjamin,  William  H.  Ward  and  Edmund  Baylies  and  such  other 
persons  as  shall  associate  with  them,  and  their  successors  and  as- 
signs shall  be  and  hereby  are  constituted  and  made  a  Corporation 
by  the  name  of  the  Proprietors  of  the  Indian  Head  Factories  and 
by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final 
judgment  and  execution;  and  may  have  and  use  a  common  seal 
and  the  same  may  alter  and  renew  at  pleasure;  and  may  also  make, 
ordain  and  put  in  execution  such  by-laws  and  regulations  (not  be- 
ing contrary  to  the  Constitution  and  laws  of  this  State)  as  shall 
be  necessary,  proper  and  convenient  for  the  government  of  said 
Corporation  and  the  due  management  of  its  concerns;  and  shall  be 
and  hereby  are  vested  with  all  the  privileges  and  powers  which 
by-laws  are  incident  to  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted;  that  the  said  Corporation  be 
and  the  same  hereby  is  empowered  to  establish  manage  and  carry 
on  the  manufacture  of  Woolen  and  other  lawful  manufactures  on 
and  near  the  Nashua  River  in  Dunstable  and  also  any  and  all  such 
branches  of  manufacture  and  trade  as  can  be  conveniently  managed 
and  carried  on  by  said  Company  or  Corporation,  and  to  purchase, 
take  hold  and  convey  real  and  personal  estate  of  every  kind  to  such 
amount  as  they  may  find  necessary  or  convenient  in  the  manage- 
ment of  their  concerns,  provided  the  same  shall  not  exceed  the  sum 
of  Five  Hundred  Thousand  Dollars  and  the  same  to  manage,  im- 
prove change  and  sell  at  their  pleasure  and  to  erect  on  the  real 
estate  to  be  purchased  and  held  by  them  as  aforesaid  such  dams, 
canals,  mills,  buildings,  machines  and  works  as  they  may  deem  nec- 
essary or  useful  in  carrying  on  and  managing  their  manufactories 
and  works,  and  in  conducting  the  business  of  the  Corporation. 

Sec  3.  And  be  it  further  enacted;  that  the  said  Charles  C. 
Haven  may  call  the  first  meeting  of  the  Corporation  by  giving  three 
days  previous  notice  to  each  of  the  persons  who  is  associated  with 
him  in  obtaining  this  charter;  or  by  publishing  the  same  in  two  of 
the  public  newspapers  printed  in  Boston  seven  days  at  least  before 
said  meeting;  at  which  meeting  a  clerk  shall  be  chosen,  who  shall 


LAWS  OF   NEW  HAMPSHIRE  393 

be  sworn  faithfully  to  discharge  the  duties  of  his  office;  and  it  shall 
be  his  duty  to  record  the  doings  and  proceedings  of  said  Corpora- 
tion; and  to  perform  such  other  services  as  the  by-laws  of  said  Cor- 
poration may  require;  and  at  the  same  or  any  subsequent  meeting 
duly  holden  the  members  or  associates  of  said  Corporation  may 
prescribe  and  agree  on  the  manner  of  calling,  holding,  and  manag- 
ing future  meetings  may  divide  their  capital  or  joint  stock  into  such 
number  of  shares  as  they  may  deem  proper,  and  prescribe  the  mode 
or  manner  in  which  the  shares  in  their  capital  stock  shall  be  holden, 
and  how  the  same  shall  be  transferred;  may  make  or  provide  for 
the  making  of  assessments  on  the  shares  from  time  to  time  as  occa- 
sion may  require,  and  fix  the  time  for  the  payment  of  the  same; 
may  appoint  and  constitute  such  officers  servants  and  agents  of 
the  said  Corporation  as  they  shall  think  necessary,  and  prescribe 
their  respective  duties,  and  may  do  or  transact  any  matter  or  thing 
relating  to  the  property,  business  or  concerns  of  the  said  Corpora- 
tion. 

Sec  4  And  be  it  further  enacted;  that  at  all  meetings  of  the 
members  of  said  Corporation  duly  notified  and  holden  each  member 
shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be  the 
owner  and  holder  of  in  said  Corporation,  on  all  questions  that  may 
come  before  such  meetings,  and  absent  members  may  be  repre- 
sented and  vote  at  such  meetings  by  an  agent  for  that  purpose  duly 
authorized  by  writing  signed  by  the  member  or  members  to  be  rep- 
resented, which  writing  shall  be  filed  with  the  Clerk  of  said  Cor- 
poration:— and  at  such  meetings  all  questions  shall  be  decided  by 
a  majority  of  votes  cast.  Provided  however  that  in  the  assessment 
of  taxes  on  the  shares  in  said  Corporation  two  thirds  of  the  votes 
cast  shall  be  required  to  make  such  assessment  binding  on  the  mem- 
bers of  said  Corporation. — 

Sec  5  And  be  it  further  enacted;  that  the  shares  in  the  capital 
or  joint  stock  of  the  corporation  shall  be  liable  and  holden  for  the 
payment  of  all  assessments  legally  made  thereon;  and  in  case  of 
neglect  of  any  member  to  pay  the  assessments  on  his  share  or 
shares  the  same  or  so  many  of  them  as  shall  be  sufficient  to  pay  the 
amount  of  the  assessment  or  assessments  may  be  sold  or  transferred 
for  the  payment  of  the  same  in  such  way  or  manner  as  shall  be 
prescribed  by  the  by  laws  or  regulations  of  said  Corporation.  Pro- 
vided nevertheless  that  nothing  in  this  act  shall  in  any  wise  affect 
or  impair  any  rights  or  privileges  heretofore  granted  by  the  Legis- 
lature of  this  State  to  any  individual  or  corporation. 


394  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  7.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "an  act  to  incorporate 
Samuel  Hutchings  and  others  into  a  religious  Society, 
called  and  known  by  the  name  of  the  flrst  methodist 
Episcopal  Society  in  Portsmouth"  approved  Dec.  15.  1808. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  7;  recorded  Acts, 
vol.  23,  p.  26.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  7,  p.  723.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  the  members  of  said  Society  be  and 
hereby  are  authorized  and  empowered  at  their  annual  or  any  other 
meeting  legally  holden  for  that  purpose,  to  order  an  assessment 
of  such  sum  or  sums  as  to  them  may  seem  just  and  necessary  upon 
the  Pews  in  the  Meeting-Hcuse  now  belonging  to  said  Society  or 
upon  the  Pews  in  any  Meeting-House  which  the  said  Society  may 
hereafter  purchase  or  build  and  to  levy  and  collect  the  same,  and  to 
apply  the  proceeds  of  such  assessments  to  the  support  of  the  gospel 
ministry  in  said  Society.  And  in  case  the  owner  or  owners  of  any 
of  said  Pews  shall  refuse  or  neglect  to  pay  the  sum  or  sums  as- 
sessed thereon  as  aforesaid  after  the  same  shall  have  become  pay- 
able agreeably  to  the  vote  or  order  of  said  society  the  said  Pew  or 
Tews  whereon,  an  assessment  has  been  made  and  payment  thereof 
refused  or  neglected  as  aforesaid,  may  be  sold  or  disposed  of  at 
public  auction  for  such  term  of  time  as  will  be  necessary  to  raise 
the  sum  or  sums  assessed  thereon,  with  incidental  charges,  under 
such  regulations  as  said  Society  in  its  by-laws  shall  have  prescribed. 

[CHAPTER  S.] 

State  of  ) 

New  Hampshire.  \ 

An  act  to  incorporate  the  Goffstown  Sacred  Musick  Society. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  8;  recorded  Acts, 
vol.  23,  p.  28.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Jonathan  Aiken  Charles  F. 
Gove  and  Benjamin  H.  Pitman,  and  their  associates  and  successors 
be  and  they  hereby  are  made  a  Corporation  by  the  name  of  the 
"Goffstown   Sacred  Music   Society"  with  power   to  hold  personal 


LAWS   OF   NEW  HAMPSHIRE  395 

estate  not  exceeding  Five  Hundred  Dollars  in  amount  for  the  sup- 
port and  improvement  of  sacred  musick  in  the  town  of  Goffstown, 
and  with  all  other  powers  and  privileges  incident  to  such  Corpora- 
tions. 

Sec  2  And  be  it  further  enacted;  that  Jonathan  Aiken  may 
call  the  first  meeting  of  the  members  of  said  Corporation  by  giving 
notice  of  the  time  and  place  of  holding  the  same  at  least  one  week 
prior  thereto  by  posting  up  a  notification  thereof  at  the  meeting- 
house in  said  Goffstown. 


[CHAPTER  9.] 


State  of  } 

New  Hampshire.  j 


An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Dublin  Juvenile  Library  Society. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  9;  recorded  Acts, 
vol.  23,  p.  29.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Richard  Strong,  Joseph  Ap- 
pleton  and  Cyrus  Piper  with  their  associates  and  successors,  be  and 
they  are  hereby  incorporated  into  a  society  by  the  name  of  the 
Dublin  Juvenile  Library  Society  to  have  continuance  and  succession 
forever  and  be  vested  with  all  powers  and  privileges  incident  to 
similar  corporations. 

Sec  2  And  be  it  further  enacted  that  said  Society  shall  at  their 
first  meeting  choose  a  Clerk,  Treasurer,  Librarian  and  a  board  of 
Directors,  may  choose  such  other  officers  as  they  may  think  expe- 
dient and  may  make  such  rules  and  by-laws  as  they  may  dem  proper 
provided  they  are  not  contrary  to  the  laws  of  this  State. 

Sec  3  And  be  it  further  enacted  that  the  aforesaid  Richard 
Strong  Joseph  Appleton  and  Cyrus  Piper  or  either  two  of  them  may 
call  the  first  meeting  of  said  Society,  by  posting  up  a  notification 
thereof  for  that  purpose  at  the  centre  meeting  house  in  said  Dublin 
twelve  days  previous  to  the  time  of  holding  said  meeting,  at  which 
they  shall  agree  upon  the  manner  of  calling  future  meetings  and  the 
time  and  place  of  holding  their  annual  meeting. 

Sec  4  And  be  it  further  enacted  that  said  Library  shall  be  de- 
posited at  such  place  or  places  as  the  majority  of  the  proprietors 
may  think  expedient.  And  said  society  may  hold  estate  real  or  per- 
sonal to  the  amount  of  one  thousand  dollars  for  the  use  and  bene- 
fit of  said  Society. 


39^  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  10.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  William  H.  Y.  Hackett  and  others 
into  a  Company  by  the  name  of  the  Portsmouth  Commer- 
cial Reading  Room. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  10;  recorded  Acts, 
vol.  23,  p.  30.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  William  H.  Y.  Hackett 
Ebenezer  L.  Childs,  Samuel  E.  Coues  George  Sparhawk  William  L. 
Pickering  Charles  W.  Cutter  Alfred  W.  Haven  George  M.  Mason 
and  Augustus  Lord  with  their  associates  and  such  other  persons  as 
may  hereafter  become  associated  with  them  and  their  successors 
be  and  they  hereby  are  created  a  body  politic  and  corporate  and 
shall  forever  hereafter  continue  a  body  politic  and  corporate  by  the 
name  of  the  Portsmouth  Commercial  Reading  Room  and  by  that 
name  may  sue  and  be  sued,  plead  and  be  impleaded  prosecute  and 
defend  to  final  judgment  and  execution  and  they  hereby  are  in- 
vested with  all  the  powers  and  privileges  and  subjected  to  all  the 
liabilities  of  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted,  that  said  Corporation  for  the 
purpose  of  establishing  and  maintaining  a  Reading  Room  in  the 
town  of  Portsmouth  is  hereby  made  capable  in  law  of  purchasing 
and  holding  real  and  personal  estate  to  any  amount  not  exceeding 
Five  Thousand  Dollars  and  the  same  may  sell  alienate  and  dispose 
of  at  pleasure. 

Sec  3  And  be  it  further  enacted  that  the  said  William  H.  Y. 
Hackett  Ebenezer  L.  Childs  and  Samuel  E.  Coues  or  either  two  of 
them  may  call  the  first  meeting  of  said  Corporation  at  such  time 
and  place  in  said  Portsmouth  as  they  may  think  proper  by  giving 
notice  one  week  previous  to  holding  the  same  by  advertement  in  the 
Portsmouth  Journal,  at  which  or  at  any  subsequent  meeting  of  the 
members  of  said  Corporation  they  may  establish  such  rules  and 
by-laws  for  their  government  as  they  may  think  proper. 


LAWS  OF   NEW  HAMPSHIRE  397 

[CHAPTER  11.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  the  members  of  the  Troy  Library  As- 
sociation 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  11;  recorded  Acts, 
vol.  23,  p.  32.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Timothy  Kendall,  Lyman 
Wright,  Salmon  Whittemore  and  Daniel  W.  Farrar,  their  associates 
and  successors  be  and  they  are  hereby  incorporated  and  made  a 
body  politic  by  the  name  of  the  Troy  Library  Association  and  by 
that  name  may  sue  and  be  sued,  and  be  known  and  distinguished 
in  all  their  acts  and  proceedings,  and  hereby  are  vested  with  the 
powers  and  privileges  and  subject  to  the  liabilities  of  similar  cor- 
porations. 

Sec  2  And  be  it  further  enacted  that  the  said  Timothy  Kendall 
Lyman  Wright  and  Salmon  Whittemore  or  any  two  of  them  may 
call  the  first  meeting  of  said  Corporation  at  any  suitable  time  and 
place  by  posting  up  at  the  meeting-house  in  said  Troy  a  notification 
for  that  purpose  at  least  fourteen  days  before  the  time  of  holding 
said  meeting  at  which  meeting  said  corporation  shall  choose  a  Li- 
brarian and  determine  the  manner  of  calling  future  meetings  and 
the  time  of  holding  their  annual  meetings,  and  at  the  same  or  any 
subsequent  meeting  may  choose  all  necessary  officers,  pass  by-laws, 
order  assessments,  fix  the  time  of  payment  and  prescribe  the  manner 
of  collecting  them,  and  do  and  transact  any  business  in  relation  to 
and  for  the  promotion  of  the  beneficial  purposes  contemplated  by 
this  association. 

Sec  3  And  be  it  further  enacted  that  said  Corporation  may  re- 
ceive and  hold  by  purchase  gift  or  otherwise,  personal  estate  to  any 
amount  not  exceeding  One  thousand  Dollars  and  the  same  may  ex- 
pend in  procuring  books  maps  and  whatever  else  may  promote  the 
advancement  of  science  and  literature  and  tend  to  the  diffusion  of 
useful  knowledge  among  the  members  thereof. 


398  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  12.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  the  First  Fire  Engine  Company  in 
Merrimack 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  12;  recorded  Acts, 
vol.  23,  p.  33.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  James  Riddle,  Samuel  Clapp 
and  Daniel  L.  Herrick  their  associates  and  successors,  be  and  they 
hereby  are  created  and  made  a  Corporation  by  the  name  of  the 
First  Fire  Engine  Company  in  Merrimack,  with  power  to  hold  any 
estate  to  the  amount  of  one  thousand  Dollars;  to  make  and  estab- 
lish by-laws  for  their  regulation  and  government;  and  to  exercise, 
hold  and  enjoy  all  other  powers,  privileges  and  immunities  incident 
or  common  to  similar  corporations. 

Sec  2  And  be  it  further  enacted  that  the  said  James  Riddle 
Samuel  Clapp  and  Daniel  L.  Herrick  or  any  two  of  them  may  call 
the  first  meeting  of  said  Corporation  by  giving  personal  notice  to 
each  member  thereof,  at  least  three  days  prior  to  such  meeting, 
of  the  time  and  place  of  holding  the  same. 

[CHAPTER  13.] 

State  of  "} 

New  Hampshire.  { 

An  Act  to  incorporate  the  Grand  Lodge  of  this  State. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  13;  recorded  Acts, 
vol.  23,  p.  34.  See  also  act  of  December  30,  1805,  Laws  of  New  Hampshire, 
vol.  7,  P-  485.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  the  Master,  Wardens, 
and  other  officers  and  members  of  the  Grand  Lodge  of  this  State,  be, 
and  they  hereby  are  incorporated  and  made  a  body  politic  forever 
by  the  name  of  The  Grand  Lodge  of  the  State  of  New-Hampshire; 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution,  and  hereby  are  vested  with  all  the 
powers  and  privileges  incident  to  similar  corporations,  and  which 
may  be  necessary  to  carry  into  effect  the  benevolent  purposes  of 
their  institution. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Grand  Lodge 
may  summon  and  hold  their  meetings  at  such  times  and  places  as 


LAWS  OF   NEW  HAMPSHIRE  399 

they  may  deem  proper;  may  elect  their  officers;  ordain,  establish 
and  put  in  execution  such  by-laws,  ordinances  and  resolutions,  not 
contrary  to  the  laws  of  this  State,  as  to  them  may  seem  necessary 
and  convenient  for  their  own  regulation,  and  for  the  regulation  and 
government  of  the  subordinate  Lodges  under  the  jurisdiction  of  said 
Grand  Lodge.  They  may  also  purchase  and  hold  in  fee  simple  so 
much  real  estate  as  may  be  necessary  whereon  to  erect  a  suitable 
building  for  the  accommodation  of  their  assemblies,  and  personal 
estate  to  any  amount  not  exceeding  ten  thousand  dollars;  and  the 
same  may  from  time  to  time  sell,  convey  and  appropriate  to  such 
charitable  purposes  as  to  said  Lodge  may  seem  proper. 


[CHAPTER  14.] 

State  of  \ 

New  Hampshire.  \ 

An  act  granting  to  the  proprietors  of  New  Hampshire  and 
Vermont  Bridge  Company  a  further  time  of  erecting  a 
Bridge  over  and  across  Connecticut  River  between  Ches- 
terfield in  this  State  and  Dummerston  in  the  State  of 
Vermont — 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  14;  recorded  Acts, 
vol.  23,  p.  36.  See  acts  of  June  19,  1817,  Laws  of  New  Hampshire,  vol.  8, 
p.  603,  and  July  4,  1829,  Acts,  vol.  27,  p.  194.] 

Whereas  the  Legislature  of  this  State  at  their  Session  in  June 
Anno-Domini  1817  did  incorporate  Ebenezer  Stearns,  Robert  L. 
Hurd,  Preston  Farwell  Luther  Gilson  Samuel  Gilson  Jerre  Lyons, 
Calvin  Gilson,  Marcus  Holbrook  and  Henry  White,  into  a  body 
politic  by  the  name  of  proprietors  of  the  New  Hampshire  and  Ver- 
mont Bridge  Company  for  the  purpose  of  erecting  a  Bridge  over 
Connecticut  river  between  Chesterfield  in  this  State  and  Dummers- 
ton in  the  State  of  Vermont  with  a  Proviso  that  said  Bridge  should 
be  built  within  four  years  from  passing  the  act  for  that  purpose 
which  term  has  expired  and  whereas  said  proprietors  have  peti- 
tioned the  General  Court  for  the  renewal  of  their  charter  praying 
that  a  further  term  may  be  granted  them  for  building  said  Bridge 
which  prayer  appearing  reasonable — Therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  a  further  term  of  four  years  from  the 
passing  of  this  act  be  granted  to  said  proprietors  for  the  purpose 
of  building  said  Bridge  and  that  said  proprietors  have  all  rights  and 
privileges  exclusively  which  were  granted  to  them  by  the  former 
act  in  as  ample  a  manner  as  they  would  have  had  if  said  Bridge 
had  been  completed  within  said  term  of  four  years  any  thing  in  said 
act  to  the  contrary  notwithstanding. 


400  LAWS  OF   NEW  HAMPSHIRE 

And  be  it  further  enacted  that  the  rates  of  toll  be  collected  for 
passing  said  Bridge  when  completed  shall  be  the  same  as  was  estab- 
lished in  and  by  said  former  act  provided  that  said  Bridge  shall  be 
completed  within  four  years  from  the  passing  of  this  Act. 

[CHAPTER  15.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  repeal  an  act  entitled  an  act  in  addition  to  the 
Laws  of  this  State  respecting  paupers  passed  December 
twentieth  one  thousand  seven  hundred  and  ninety  seven.* 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  15;  recorded  Acts, 
vol.  23,  p.  37.  Session  Laws,  1825,  Chap.  15.  The  act  referred  to  is  printed 
in  Laws  of  New  Hampshire,  vol.  6,  p.  468.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  an  act  entitled  an  act  in  addition  to 
the  laws  of  this  State  respecting  paupers  passed  December  twen- 
tieth in  the  year  of  Our  Lord  One  thousand  seven  hundred  and 
ninety  seven,  be,  and  the  same  hereby  is  repealed. 


[CHAPTER  16.] 


State  of  ] 

New  Hampshire.  [ 


An  Act  in  addition  to  an  Act  entitled  an  act  for  mending 
and  repairing  highways  in  this  state. 

[Approved  June  20,  1825.  Original  Acts,  vol.  29,  p.  16;  recorded  Acts, 
vol.  23,  p.  38.  Session  Laws,  1825,  Chap.  16.  The  act  referred  to  is  prob- 
ably dated  February  27,  1786,  Laws  of  New  Hampshire,  vol.  5,  p.  117.  See 
also  acts  of  June  20,  1806,  id.,  vol.  7,  p.  537,  and  July  3,  1823,  ante,  p.  248. 
Repealed  by  act  of  July  3,  1829,  Session  Laws,  1829,  Chap.  48.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  Surveyors  of  highways 
shall  be  considered  as  commencing  their  office  the  first  day  of  May 
next  following  their  appointment  in  March  and  to  continue  in  office 
for  the  term  of  one  year  from  the  time  of  commencing  said  office 
and  until  the  orders  in  their  warrants  shall  have  been  complied 
with  And  the  selectmen  shall,  on  or  before  the  first  day  of  May  after 
the  choice  of  such  surveyors,  limit  their  several  districts  and  give 
to  each  surveyor  a  list  of  each  person  belonging  to  his  distrect  and 
of  their  respective  proportion  of  the  sum  voted  to  repair  the  high- 
ays. 


LAWS  OF   NEW  HAMPSHIRE  4.OI 

Sec  2  And  be  it  further  enacted  that  all  acts  and  parts  of  acts 
inconsistent  with  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed. 

[CHAPTER  17.] 

State  of  \ 

New  Hampshire,  j 

An  act  to  authorize  the  field  officers  of  the  fifth  regi- 
ment OF  MILITIA  IN  THIS  STATE  WITH  THE  PERMISSION  OF   THE 

Brigadier  General  of  the  fourth  brigade  to  organize  one 
company  of  Grenadiers  at  Hollis  and  one  company  of 
Grenadiers  at  Dunstable. 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  17;  recorded  Acts, 
vol.  23,  p.  39.     Session  Laws,  1825,  Chap.  17.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  field  officers  of  the  fifth 
regiment  of  militia  in  this  State,  may,  with  the  consent  of  the  brig- 
adier general  of  the  fourth  brigade  organize  one  company  of  gren- 
adiers at  Hollis  and  one  company  of  Grenadiers  at  Dunstable  in 
the  County  of  Hillsborough — which  companies  may  consist  of  forty 
eight  rank  and  file  to  be  officered  armed  and  equiped  in  the  same 
manner  as  companies  of  infantry  now  are. 

Ser  2  And  be  it  further  enacted;  that  said  Companies  of  Gren- 
adiers when  formed  agreeably  to  the  provisions  of  the  first  section 
of  this  act,  shall  be  annexed  to  the  fifth  regiment  and  fourth  brig- 
ade of  militia  in  this  State 


[CHAPTER  18.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act  entitled  "an  act  for  laying  a 
fine  on  town  clerks  and  sheriffs  neglecting  to  make  sea- 
sonable returns  of  votes  for  governor  counsellors  and 
Senators" 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  18;  recorded  Acts, 
vol.  23,  p.  40.  Session  Laws,  1825,  Chap.  18.  Laws,  1830  ed.,  p.  427.  The 
act  referred  to  is  probably  dated  June  17,  1801,  Laws  of  New  Hampshire, 
vol.  7,  p.  36.  See  also  act  of  February  24,  1786,  id.,  vol.  5,  p.  112.  Repealed 
December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  it  shall  be  the  duty  of  the 
Secretary  of  the  State  for  the  time  being  within  thirty  days  fro*" 

26 


402  LAWS  OF   NEW  HAMPSHIRE 

and  after  the  day  on  which  by  law  the  votes  for  electors  of  Presi- 
dent and  Vice-President  of  the  United  States,  and  for  Representa- 
tives to  Congress,  are  to  be  returned,  to  transmit  to  the  Attorney- 
General  for  the  time  being  a  certificate  by  him  signed  certifying 
what  towns  if  any  there  be,  from  which  he  shall  not  have  received, 
within  the  time  prescribed  by  law  an  attested  copy  of  the  votes 
for  any  or  all  of  the  officers  aforesaid;  which  certificate  shall  be 
considered  as  prima  facie  evidence  of  the  return  not  being  legally 
made  to  his  office;  and  it  shall  be  the  duty  of  the  Attorney-General 
to  prosecute  all  such  delinquent  Sheriffs  and  clerks. 

Sec  2  And  be  it  further  enacted;  that  it  shall  be  the  duty  of  the 
Secretary  of  the  State  to  furnish  to  the  several  town  clerks  and  to 
the  clerks  of  all  bodies  corporate  with  town  privileges,  on  or  be- 
fore the  several  town  meetings  for  the  choice  of  county  and  state 
officers;  and  also  for  the  choice  of  Representatives  to  the  Congress 
of  the  United  States  and  of  electors  of  President  and  Vice-President 
of  the  United  States,  printed  blanks  for  the  several  officers  afore- 
said, to  be  used  by  the  said  town-clerks  for  the  purpose  of  making 
their  said  returns,  together  with  such  instructions  as  the  Secretary 
may  deem  necessary,  of  the  time  and  manner  of  making  the  returns 
aforesaid. 

[CHAPTER  19.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  establish  a   corporation  by  name   of — Charity 
Lodge  Number  Eighteen 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  19;  recorded  Acts, 
vol.  23,  p.  41.  See  also  act  of  June  25,  1862,  Session  Laws,  1862,  Private 
Acts,  Chap.  2689.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Josiah  Ingalls,  Levi  Cham- 
berlain Amos  Hale,  Robinson  Perkins  Daniel  Cutting  and  all  per- 
sons who  may  hereafter  become  members  of  said  Lodge,  be  and 
they  hereby  are  made  a  body  corporate  and  politic  forever,  by  the 
name  of  Charity  Lodge  No.  18,  in  the  towns  of  Fitzwilliam  or 
Troy;  and  the  said  corporation  is  hereby  empowered  to  hold  and 
possess  real  and  personal  estate  not  exceeding  in  value  the  sum 
of  Two  Thousand  Dollars,  and  is  vested  with  all  the  powers,  rights 
and  privileges  of  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted  that  the  said  Josiah  Ingalls  may 
call  the  first  meeting  of  said  Lodge  by  giving  personal  notice  of  the 
time  and  place  of  holding  the  same  to  each  member  thereof,  or  by 
posting  up  a  notification  thereof  in  some  public  place  in  each  of  the 


LAWS  OF   NEW  HAMPSHIRE  4°3 

towns  of  Fitzwilliam  and  Troy  seven  days  before  the  time  of  hold- 
ing the  same  at  which  meeting,  or  at  any  subsequent  meeting  the 
members  of  said  Lodge  may  elect  such  officers,  and  adopt  such  by- 
laws and  regulations  not  repugnant  to  the  Constitution  and  laws  of 
this  State,  as  they  may  deem  expedient  and  necessary  to  carry  into 
effect  the  objects  of  this  act. 


[CHAPTER  20.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  to  establish  a  Corporation  by  the  name  of  Philesian 
Lodge  No  40. 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  20;  recorded  Acts, 
vol.  23,  p.  43.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Benjamin  Kimball  Horace 
Chapin  Eri  Pierce  Philip  Ripley  John  G.  Mudge  and  all  persons 
who  may  hereafter  become  members  of  said  Lodge  be  and  they 
are  hereby  made  a  body  corporate  and  politic  forever  by  the  name 
of  Philesian  Lodge  No,  40,  in  the  Town  of  Winchester  and  the  said 
corporation  is  hereby  empowered  to  hold  and  possess  real  and  per- 
sonal estate  to  an  amount  not  exceeding  two  thousand  dollars,  and 
is  vested  with  all  the  powers,  rights  and  privileges  of  corporations 
of  similar  nature. 

Sec  2  And  be  it  further  enacted  that  Benjamin  Kimball,  may 
call  the  first  meeting  of  said  Lodge  by  giving  personal  notice  of  the 
time  and  place  of  holding  the  same  to  each  member  thereof,  or  by 
posting  up  a  notification  thereof  in  some  public  place  in  Winches- 
ter.— at  which  meeting  or  at  any  subsequent  meeting,  the  members 
of  said  Lodge  may  elect  such  officers  and  adopt  such  by-laws  and 
regulations  not  repugnant  to  the  laws  and  constitution  of  this  State 
as  they  may  deem  expedient  and  necessary  to  carry  into  effect  the 
objects  of  this  act. 

[CHAPTER  21.] 

State  oj  ) 

New  Hampshire.  \ 

An  act  to  incorporate  the  Lebanon  Cotton  Factory  Company 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  21;  recorded  Acts, 
vol.  23,  p.  44.     See  act  of  December  16,  1824,  ante,  p.   328.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Amos  Bugbee,  Calvin  Ben- 


404  LAWS  OF  NEW  HAMPSHIRE 

ton,  Arad  Simonds  Samuel  Young  Ammi  B.  Young,  David  Whit- 
man junior,  their  associates  successors  and  assigns  be  and  they 
hereby  are  incorporated  and  made  a  body  politick  by  the  name  of 
the  Lebanon  Cotton  Factory  Company;  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion and  be  called  and  known  in  all  cases  whatever;  and  hereby  are 
vested  with  all  the  powers  and  privileges  which  are  by  law  incident 
to  similar  corporations 

Sec  2  And  be  it  further  enacted;  that  said  Company  be  and 
hereby  is  authorized  and  empowered  to  carry  on  the  manufacture 
of  Cotton  Goods,  and  such  other  branches  of  business  as  may  be 
necessarily  and  conveniently  connected  therewith  at  Lebanon  in 
the  County;  and  may  erect  and  construct  such  mills,  mill-dams, 
buildings  and  machinery  as  may  be  necessary  and  convenient  for 
carrying  on  these  manufactures. 

Sec  3  And  be  it  further  enacted,  that  the  said  Company  may 
purchase  and  hold  such  real  and  personal  estate  as  may  be  neces- 
sary or  useful  in  conducting  the  business  aforesaid,  and  for  the  con- 
venient management  thereof  upon  the  present  or  a  more  enlarged 
scale,  not  exceeding  Five  Hundred  Thousand  Dollars  and  the  same 
may  sell  and  dispose  of  at  pleasure. 

Sec  4  And  be  it  further  enacted;  that  the  said  Amos  Bugbee, 
Calvin  Benton,  Arad  Simonds,  or  either  two  of  them,  may  call  the 
first  meeting  of  the  members  of  said  Company  to  be  holden  at  any 
suitable  time  and  place,  by  advertisement  in  either  of  the  news- 
papers printed  at  Concord  twenty  days  at  least  previous  thereto,  or 
by  giving  at  least  ten  days  personal  notice  of  the  time  and  place  of 
meeting.  At  which  said  first  meeting  the  said  members  may  agree 
on  the  manner  of  calling  their  future  meetings,  and  at  the  same  or 
at  any  subsequent  meeting  duly  notified  and  holden  they  may 
choose  a  Clerk  and  all  other  necessary  officers  for  conducting  the 
concerns  of  said  Company;  may  divide  their  capital  or  joint  stock 
into  such  number  of  shares  as  they  may  deem  proper,  and  agree 
upon  the  manner  of  transfering  them;  may  order  assessments  and  fix 
the  time  of  their  payment;  may  pass  such  by-laws,  not  being  con- 
trary to  the  laws  of  the  State  as  they  may  deem  proper  for  their 
regulation  and  government  and  do  and  transact  any  business  nec- 
essary for  carrying  into  effect  the  objects  of  their  association.  All 
questions  shall  be  determined  by  a  majority  of  votes  present  or 
represented  at  any  meeting  accounting  and  allowing  one  vote  to 
each  share  in  all  cases,  except  the  raising  of  money  which  shall 
always  require  three  fourths  of  the  whole  number  of  votes  present; 
and  absent  members  may  vote  by  proxy  being  authorized  in  writing 
signed  by  the  person  represented  and  filed  with  the  clerk. 

Sec  5  And  be  it  further  enacted;  that  the  share  or  shares  in  said 
Company  shall  be  liable  and  holden  for  the  payment  of  all  assess- 


LAWS  OF   NEW  HAMPSHIRE  405 

ments  duly  made  thereon;  and  upon  the  non-payment  thereof  with- 
in the  time  fixed  for  their  payment  the  said  share  or  shares  may  be 
sold  at  publick  auction,  or,  so  many  of  them  as  may  be  necessary  to 
pay  such  Assessments  with  incidental  charges  under  such  regula- 
tions as  said  Company  may  in  its  by-laws  have  prescribed. 


[CHAPTER  22.] 


State  oj  I 

New  Hampshire.  \ 


An  act  in  addition  to  an  act  entitled  "an  act,  to  incorporate 
Joseph  Smith  and  his  associates  by  the  name  of  the  Win- 
nipisseogee  Lake  Steam  Boat  Company"  approved  July  2, 

1823. 

[Approved  June  21,  1825.  Original  Acts,  vol.  29,  p.  22;  recorded  Acts, 
vol.  23,  p.  46.  See  act  referred  to,  ante,  p.  231.  See  also  act  of  July  7,  1827, 
post.] 

Whereas  the  time  allowed  by  said  act  of  incorporation  for  carry- 
ing into  effect  the  objects  therein  contemplated,  has  proved  to  be 
insufficient,  and  whereas  the  said  Joseph  Smith  has  petitioned  that 
a  further  time  may  be  granted  for  the  purposes  aforesaid — There- 
fore 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  a  further  time  of  three  years, 
from  and  after  the  first  day  of  May  last,  be  and  the  same  hereby  is 
granted  unto  the  said  Winnipisseogee  Lake  Seam  Boat  Company 
for  the  purpose  of  putting  into  operation  and  use,  on  said  Lake,  a 
Steam  boat  or  Steam  vessel,  agreeably  to  the  provisions  of  their 
act  of  incorporation.  And  that  all  the  privileges  and  immunities 
granted  them  by  said  act,  be,  and  the  same  hereby  are  extended  to 
said  Company  for  the  like  term  of  three  years,  anything  in  said 
act  to  the  contrary  notv/ithstanding. 

Sec  2  And  be  it  further  enacted,  that  any  Company  which  now 
is  or  may  hereafter  be  incorporated  for  the  purpose  of  making  a 
canal  from  the  said  Winnipisseogee  Lake  to  the  tide  waters  of  the 
Piscataqui,  shall,  at  the  time  of  the  commencement  of  such  canals 
and  not  afterwards  be  entitled  to  claim  and  hold  threp  fourth  parts 
of  the  exclusive  privileges  granted  by  the  act  to  which  this  is  an 
addition,  and  also  three  fourths  of  the  Droperty  real  and  personal, 
which  shall  then  be  holden  bv  said  Winnioisseogee  Lake  Steam  Boat 
Companv  bv  paying  or  tendering  therefor  the  actual  value  of  the 
said  property. 

Sec  3  And  be  it  further  enacted,  that  if  said  Canal  Company 
shall  not  be  able  to  agree  with  the  said  Winnipisseogee  Lake  Steam 


406  LAWS  OF  NEW  HAMPSHIRE 

Boat  Company,  on  the  value  of  the  aforesaid  real  and  personal  prop- 
erty the  Superiour  Court  of  Judicature,  holden  in  and  for  the 
County  of  Strafford,  on  application  of  said  Canal  Company  or  their 
agent,  shall  appoint  three  disinterested  and  impartial  men  to  ap- 
praise the  same.  And  said  appraisers,  who  shall  be  sworn  to  the 
faithful  and  impartial  discharge  of  said  duty,  shall,  at  least  fifteen 
days  before  proceeding  to  make  such  appraisement,  give  notice  in 
writing  to  said  Companies,  or  their  agents  of  the  time  and  place 
appointed  for  that  purpose.  And  shall  make  return,  under  their 
hands,  of  the  appraisement  by  them  so  made  to  the  Superiour  Court 
aforesaid,  which  return  being  accepted  and  allowed  by  said  Court, 
shall  be  final  and  conclusive  between  the  said  parties  And  the  said 
Canal  Company  on  payment  or  tender  of  said  appraised  value  to 
said  Winnipisseogee  Lake  Steam  Boat  Company  or  their  agent,  shall 
be  to  all  intents  and  purposes  the  proprietors  of  said  three  fourth 
parts  of  all  the  property  and  privileges  of  the  said  Winnipisseogee 
Lake  Steam  Boat  Company,  or  of  three  fourths  of  the  shares  of 
the  capital  stock  of  said  Company,  in  case  the  same  shall  be  divided 
into  snares. 

Sec  4  And  be  it  further  enacted;  that  at  the  expiration  of  five 
years  after  any  steam  boat  or  steam  vessel,  shall  be  put  in  operation 
on  said  Winnipisseogee  Lake,  or  at  the  next  session  of  the  Superior 
Court  of  Judicature  for  the  County  of  Strafford  thereafter  and  at 
the  expiration  of  every  term  of  five  years  thereafter,  an  account 
of  the  expenditures  incurred  by  said  Winnipisseogee  Lake  Steam 
Boat  Company  in  the  construction  of  Steam-boats  or  Steam-vessels, 
the  erection  of  warves  and  store-houses  and  other  expenses  incurred 
by  said  Company  in  carrying  into  effect  the  purposes  of  their  in- 
corporation together  with  an  account  of  the  rates  of  freights  or  toll 
by  them  imposed,  for  the  conveyance  of  passengers  and  of  goods 
wares  and  all  other  articles  whatsoever,  and  of  the  profits  arising 
therefrom,  shall  be  laid  before  the  Justices  of  said  Superior  Court. 
And  if  the  net  profits  of  said  Company  for  the  said  first  five  years 
or  for  any  of  the  subsequent  terms  of  five  years,  shall  exceed  twelve 
per  cent  per  annum,  the  said  Court  may  establish  and  allow  such 
rates  of  toll  and  freight  that  the  annual  net  profits  thereafter  may 
not  exceed  the  sum  of  twelve  per  cent  per  annum. 

Sec  5  And  be  it  further  enacted  that  if  the  said  Winnipisseogee 
Lake  Steam  Boat  Company  shall  neglect  to  lay  such  account,  as  is 
herein  before  prescribed,  before  said  Court  agreeably  to  the  provi- 
sions hereof,  then  this  act,  and  the  privileges  hereby  granted  shall 
become  wholly  null  and  void. 


LAWS  OF   NEW  HAMPSHIRE  407 

[CHAPTER  23.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  Washington  Chapter  of  Royal  Arch 
Masons  at  Portsmouth 

[Approved  June  25,  1825.  Original  Acts,  vol.  29,  p.  23,  recorded  Acts, 
vol.  23,  p.  49.] 

Sec  i  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Abner  Greenleaf  John  Daven- 
port John  M.  Sewards,  Thomas  S.  Bowles,  Daniel  P.  Drown  Thomas 
Clapham  Robert  Neal  and  Samuel  Cushman  and  their  associates 
and  successors  shall  be  and  hereby  are  created  and  made  a  body 
politic  and  corporation  by  the  name  of  Washington  Chapter  of 
Royal  Arch  Masons  at  Portsmouth,  and  by  that  name  may  sue  and 
be  sued,  plead  and  be  impleaded  defend  and  be  defended  to  final 
judgment  and  execution,  and  may  have  a  common  seal  and  the  same 
may  alter  at  pleasure  and  shall  have  and  possess  all  the  powers 
incident  to  corporations  of  a  similar  nature,  and  may  have,  hold 
and  enjoy  real  and  personal  estate  not  exceeding  in  amount  the  sum 
of  Three  Thousand  Dollars — 

Sec  2  And  be  it  further  enacted;  that  Abner  Greenleaf  John 
Davenport  and  John  M.  Sewards  or  any  two  of  them  may  call  a 
meeting  of  said  Corporation  to  be  holden  at  Portsmouth  in  the 
County  of  Rockingham,  at  such  time  and  place  as  they  shall  think 
expedient  by  an  advertisement  in  the  New  Hampshire  Gazette  made 
two  weeks  previous  to  the  time  of  holding  said  meeting  at  which 
meeting  the  members  of  said  Corporation  by  a  vote  of  the  majority 
of  those  present,  shall  choose  such  officers  and  enact  such  by-laws  as 
they  may  think  proper  for  the  regulation  and  government  of  said 
Corporation:  Provided  said  by-laws  are  not  repugnant  to  the  Con- 
stitution and  laws  of  this  State. 


[CHAPTER  24.] 


State  of  ) 

New  Hampshire.  ( 


An  Act  to  incorporate  the  First  Musical  Society  in  the 
South  Parish  in  Haverhill. 

[Approved  June  25,  1825.     Original  Acts,  vol.  29,  p.  24;   recorded  Acts, 
vol.  23,  p.  si.] 

Sec  i     Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;   that  Sylvester  T.  Goss,  Samuel 


408  LAWS   OF   NEW   HAMPSHIRE 

W.  Hadley,  Nathaniel  Tucker  and  Charles  Baker  their  associates 
and  successors  be  and  they  are  hereby  made  a  body  politic  by  the 
name  of  the  First  Musical  Society  in  Haverhill  South  Parish  and 
by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final 
judgment  and  execution,  and  are  hereby  vested  with  all  the  powers 
and  privileges  and  subjected  to  all  the  liabilities  incident  to  cor- 
porations of  a  similar  nature;  and  may  purchase  and  hold  personal 
estate  to  the  amount  of  Five  Hundred  Dollars  for  the  purposes  of 
said  Society,  and  the  same  may  sell,  convey  and  dispose  of  at  pleas- 
ure. 

Sec  2  And  be  it  further  enacted;  that  Sylvester  T.  Goss  may 
call  the  first  meeting  of  the  members  of  said  society  by  giving  per- 
sonal notice  at  least  four  days  before  said  meeting  of  the  time  and 
place  of  holding  the  same,  to  the  members  thereof,  or  by  posting  up 
written  notifications  in  two  of  the  most  public  places  in  Haverhill 
South  Parish  six  days  before  said  meeting,  at  which  meeting  the 
members  may  make  any  by-laws  for  the  regulation  and  government 
of  said  Society  and  do  and  transact  any  business  necessary  to  carry 
into  effect  the  purposes  intended  by  this  act. 


[CHAPTER  25.] 


State  of  } 

New  Hampshire.  \ 


An  act  to  incorporate  the  Proprietors  of  the  Exeter  Athe- 

NEUM. 

[Approved  June  25,  1825.  Original  Acts,  vol.  29,  p.  25;  recorded  Acts, 
vol.  23,  p.  52.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  John  Rogers  Jotham  Law- 
rence. Peter  Chadwick  Joseph  Tilton  Jr  David  W.  Gorham.  William 
Smith  Jr  William  Perry  and  Nicholas  Gflman  with  their  associates, 
and  such  other  persons  as  may  from  time  to  time  be  admitted  as 
members  of  said  association  according  to  the  rules  which  shall  be 
established  by  the  bv-laws  of  said  corporation,  be  and  they  hereby 
are  incorporated  and  made  a  body  oolitic  by  the  name  of  the  pro- 
prietors of  the  Exeter  Atheneum,  with  all  the  privileges,  powers  and 
liabilities  incident  to  similar  corporations.  And  said  Corporation 
mav  receive  and  take  by  gift  grant,  devise  or  otherwise,  and  hold 
and  possess  real  and  personal  estate  to  the  value  of  three  thousand 
dollars. 

Sec  2  And  be  it  further  enacted;  that  said  corporation  shall 
have  full  oower  and  authority  to  determine  at  what  times  and 
places  their  meetings  shall  be  hclden,  and  the  manner  in  which 


LAWS   OF   NEW  HAMPSHIRE  4O9 

members  shall  be  notified  to  convene  at  such  meetings:  and  shall 
have  authority  to  elect  from  among  the  said  members  such  officers, 
with  such  powers  as  they  may  judge  expedient  and  to  establish 
by-laws  for  the  management  of  the  affairs  of  said  Corporation, 
provided  such  by-laws  shall  not  be  repugnant  to  the  constitution 
and  laws  of  this  State — 

Sec  3  And  be  it  further  enacted  that  John  Rogers.  Peter  Chad- 
wick,  and  William  Perry  or  any  two  of  them  shall  call  the  first 
meeting  of  said  Corporation  by  giving  personal  notice  to  each  mem- 
ber, at  any  time  within  three  months  from  the  passing  of  this  act 
and  three  days  at  least  prior  to  said  meeting. 


[CHAPTER  26.] 


State  oj  ] 

Neiv  Hampshire.  \ 


An    act    to    incorporate    the    Hillsborough    Instrumental 
Music  Band. 

[Approved  June  25,  1825.  Original  Acts,  vol.  29,  p.  26;  recorded  Acts, 
vol.  23,  p.  53.] 

Sec  i  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Ephraim  Codman  Daniel 
Symcnds,  Charles  Baldmein,  and  their  associates  and  successors  be 
and  hereby  are  created  a  corporation  and  body  politic  by  the  name 
of  the  Hillsborough  Instrumental  Music  Band  with  powers  to  take 
and  hold  personal  estate  to  an  amount  not  exceeding  Five  Hundred 
Dollars  and  with  all  other  rights  privileges  and  immunities  (except 
that  of  holding  real  estate )  which  are  by  law  incident  to  similar  cor- 
porations. 

Sec  2  And  be  it  further  enacted  that  Ephraim  Codman  is  ap- 
pointed and  authorized  to  call  the  first  meeting  of  said  corporation 
by  giving  to  each  member  thereof  a  notice  in  writing  at  least  ten 
days  prior  to  the  time  of  holding  said  meeting,  of  the  time,  place 
and  purpose  of  holding  the  same, 


410  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  27.] 

State  of  I 

New  Hampshire,  j 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Rochester  Musical  Society. 

[Approved  June  25,  1825.  Original  Acts,  vol.  29,  p.  27;  recorded  Acts, 
vol.  23,  p.  54.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  William  Hurd  Benjamin  M. 
Akerman.  Nathaniel  H.  Hurd  and  their  associates  and  successors 
be  and  they  hereby  are  incorporated  into  a  body  corporate  and 
politic,  by  the  name  of  the  Rochester  Musical  Society  and  are  hereby 
invested  with  all  the  powers  and  privileges  and  subject  to  all  the 
liabilities  of  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted  that  they  are  hereby  authorized 
and  empowered  to  acquire  and  hold  personal  estate  to  the  value  of 
Two  Hundred  Dollars  for  the  uses  and  purposes  of  said  society. 

Sec  3  And  be  it  further  enacted;  that  William  Hurd  Benjamin 
M.  Akerman  and  Nathaniel  H.  Hurd  or  either  two  of  them  are 
authorized  to  call  the  first  meeting  by  posting  up  advertisements 
in  two  public  places  in  said  Rochester  notifying  the  time  and  place 
of  meeting,  and  the  object  thereof  at  least  seven  days  before  the 
time  of  assembling  said  meeting. 

[CHAPTER  28.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  the  First 
Fire  Engine  Company  in  Haverhill. 

[Approved  June  25,  1825.  Original  Acts,  vol.  29,  p.  28;  recorded  Acts, 
vol.  23,  p.  56.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Sylvester  T.  Goss  Jacob  Bell 
and  Henry  Towle,  their  associates  and  successors  be  and  they  are 
hereby  incorporated  and  made  a  body  politic  by  the  name  of  the 
First  Fire  Engine  Company  in  Haverhill  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion, and  be  known  and  distinguished  in  all  their  acts  and  proceed- 
ings; and  they  are  hereby  vested  with  all  the  powers  and  privileges 


LAWS  OF   NEW  HAMPSHIRE  411 

and  subjected  to  all  the  liablilites  incident  to  Corporations  of  a  sim- 
ilar nature. 

Sec  2  And  be  it  further  enacted;  that  said  Corporation  be  and 
hereby  is  authorized  and  empowered  to  purchase  and  hold  real  and 
personal  estate  for  the  purposes  of  said  Corporation  to  any  amount 
not  exceeding  One  Thousand  Dollars  and  the  same  may  sell,  con- 
vey, and  dispose  of  at  pleasure. 

Sec  3  And  be  it  further  enacted;  that  said  Sylvester  T.  Goss 
Jacob  Bell  and  Henry  Towle  or  any  two  of  them  may  call  the  first 
meeting  of  said  Company  at  any  suitable  time  and  place  in  Haver- 
hill in  the  County  of  Grafton  by  giving  to  the  members  thereof  five 
days  notice  of  the  time  and  place  of  said  meeting  by  posting  up  in 
two  of  the  most  public  places  in  Haverhill  South  Parish  notifica- 
tions thereof  in  writing,  at  which  meeting  the  said  members  may 
make  by-laws  for  the  regulation  and  government  of  said  Company, 
not  repugnant  to  the  laws  of  this  State:  and  may  do  and  transact 
any  business  necessary  to  carry  into  effect  the  purposes  intended  by 
this  act. 


[CHAPTER  29.] 

State  of  \ 

New  Hampshire.  { 

An  Act  to  annex  all  the  Islands  on  Amoskeag  Falls  in  Mer- 
rimack River  to  the  town  of  Goffstown 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  29;  recorded  Acts, 
vol.  23,  p.  57.     Session  Laws,  1825,  Chap.  29.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  all  the  Islands  on  Amoskeag 
Falls  in  Merrimack  River  lying  westerly  of  the  centre  of  the  Pulpit 
or  East  Stream  in  said  Falls  be,  and  the  same  hereby  are  annexed 
to  the  town  of  Goffstown. 

Sec  2  And  be  it  further  enacted;  that  the  Inhabitants  of  the 
said  Islands  shall  be  liable  to  do  the  same  duties  and  shall  enjoy  the 
same  privileges,  as  the  other  inhabitants  of  the  said  town  of  Goffs- 
town and  shall  be  subject  to  the  same  Laws  and  penalties,  and  to 
pay  all  taxes  legally  assessed  on  them  by  the  aforesaid  town  of 
Goffstown 


412  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  30.] 

State  of  } 

New  Hampshire.  \ 

An  Act  in  amendment  of  an  Act  entitled  "an  act  establish- 
ing THE  TIMES  AND  PLACES  OF  HOLDING  THE  PROBATE  COURT 
WITHIN  AND  FOR  THE  COUNTY  OF  MERRIMACK" 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  30;  recorded  Acts, 
vol.  23,  p.  58.  Session  Laws,  1825,  Chap.  30.  The  act  referred  to  is  prob- 
ably dated  June  16,  1824,  ante,  p.  287.     See  also  act  of  July  5,  1827,  post.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  Probate  Court  for  the 
County  of  Merrimack,  shall  hereafter  be  holden  at  Warner  on  the 
second  tuesday,  instead  of  the  first  Tuesday  of  June,  any  law  to  the 
contrary  notwithstanding. 


[CHAPTER  31.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  incorporate  Jonathan  Locke  and  others  by  the 
name  of  the  great  ossipee  manufacturing  company. 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  31 ;  recorded  Acts, 
vol.  23,  p.  59.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened:  that  Jonathan  Locke  Jeremiah 
Kennison,  William  Parsons  and  their  associates  and  successors  be 
and  they  hereby  are  incorporated  and  made  a  body  politic  forever 
by  the  name  and  stile  of  the  Great  Ossipee  Manufacturing  Com- 
pany and  in  that  name  may  sue  and  be  sued  prosecute  and  be  pros- 
ecuted defend  and  be  defended  to  final  judgment  and  execution  and 
shall  be  and  hereby  are  vested  with  all  the  privileges  and  powers 
incident  to  corporations  of  a  similar  nature. 

Sec  2  And  be  it  further  enacted;  that  said  Corporation  be  and 
the  same  hereby  is  empowered  to  carry  on  the  manufacture  of  Cot- 
ton and  Woolen  Goods.  Iron  and  Iron  Wares  and  such  other 
branches  of  business  as  may  be  necessarily  and  conveniently  con- 
nected therewith  at  Effingham  in  the  County  of  Strafford  and  may 
erect  and  construct  such  Mills  Mill-dams,  buildings  and  machinery 
as  may  be  necessary  and  convenient  for  carrying  on  those  manufac- 
tures. 


LAWS   OF   NEW  HAMPSHIRE  413 

Sec  3  And  be  it  further  enacted — that  said  Corporation  be  and 
the  same  hereby  is  authorized  to  acquire  by  purchase  or  otherwise 
and  to  hold  and  enjoy  such  real  and  personal  estate  as  may  be  nec- 
essary and  useful  in  conducting  the  business  of  said  Company  and 
the  same  to  sell,  convey  and  dispose  of  at  pleasure.  Provided  the 
estate  held  by  said  Corporation  shall  not  at  any  time  exceed  One 
Hundred  Thousand  Dollars. — And  the  said  capital  or  joint  stock 
may  be  divided  into  as  many  shares  as  the  proprietors  at  a  legal 
meeting,  shall  agree  and  decide.  And  in  like  manner  the  said  pro- 
prietors may  agree  and  decide  on  the  manner  of  transfering  them 
and  may  elect  all  such  officers,  agents  and  servants  as  may  be 
deemed  necessary  and  prescribe  their  respective  duties,  may  order 
assessments  and  fix  the  time  of  payment,  may  pass  by-laws  for  the 
regulation  and  government  of  said  Company  and  may  do  and  trans- 
act any  other  business  in  relation  to  the  concerns  and 'for  the  bene- 
fit of  said  corporation.  All  questions  shall  be  determined  by  a 
majority  of  votes  present  or  represented  at  any  meeting  accounting 
and  allowing  one  vote  to  each  share  in  all  cases  except  the  raising  of 
money  which  shall  always  require  two  thirds  of  the  votes  present; 
and  absent  members  may  vote  by  proxy,  being  authorized  in  writ- 
ing signed  by  the  person  represented  and  filed  with  the  clerk. 

Sec  4  And  be  it  further  enacted;  that  the  shares  in  said  corpo- 
ration shall  be  liable  and  holden  for  all  assessments  legally  made 
thereon,  and  upon  the  non-payment  of  such  assessments  or  any  part 
thereof,  for  the  space  of  thirty  days  after  the  same  shall  have  be- 
come due  and  payable  the  treasurer  may  proceed  in  the  manner  to 
be  prescribed  in  the  by-laws  of  said  Corporation  to  advertise  and 
sell  at  public  auction  such  delinquent  shares  or  so  many  of  them  as 
may  become  necessary  to  pay  the  sums  due  thereon  with  incidental 
charges. 

Sec  5  And  be  it  further  enacted;  that  the  said  Jonathan  Locke, 
Jeremiah  Kennison  and  William  Parsons,  or  either  two  of  them  may 
call  the  first  meeting  of  said  company  by  advertising  the  time  and 
place  where  the  same  shall  be  holden  in  the  New  Hampshire  Repub- 
lican printed  at  Dover,  three  successive  weeks  previous  to  said 
meeting — 


414  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  32.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  change  the  time  of  holding  the  May  Term  of  the 
Superior  Court  of  Judicature  in  the  County  of  Grafton — ■ 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  32;  recorded  Acts, 
vol.  23,  p.  61.     Session  Laws,  1825,  Chap.  32.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  the  May  Term  of  the  Superior  Court 
of  Judicature  shall  hereafter  be  holden  at  Haverhill  within  and  for 
the  County  of  Grafton  on  the  third  tuesday  of  May  annually,  any 
former  law  to  the  contrary  notwithstanding. 

[CHAPTER  33.] 

State  of         } 
New  Hampshire.  \ 

An  Act  to  incorporate  the  Accumulating  Fund  Society  in 
Nottingham-West. 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  33;  recorded  Acts, 
vol.  22,,  p.  62.I 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Benjamin  Merrill  Caleb 
Johnson,  John  Foster,  and  such  others  as  have  or  shall  hereafter 
become  members  of  said  Society  by  subscribing  and  contributing 
to  the  increase  of  said  fund,  be,  and  they  hereby  are  incorporated 
and  made  a  body  politic  by  the  name  of  the  Accumulating  Fund 
£ofck.t>i.  isy  Nottingham-West;  and  by  that  name  may  sue  and  be 
sued  appear,  prosecute  and  defend  in  any  Court  of  record  or  other 
place  whatever;  and  they  hereby  are  vested  with  the  powers  and 
privileges,  and  made  subject  to  the  liabilities  of  similar  corporations 

Sec  2  And  be  it  further  enacted;  that  said  society  be,  and 
hereby  is  authorized  and  empowered  to  receive  and  hold  subscrip- 
tions, grants  and  donations  of  money,  or  other  estate,  to  any  amount 
not  exceeding  Ten  Thousand  Dollars  and  the  same  to  vest  in  such 
stock  or  loan  on  such  security  by  mortgage  or  otherwise,  as  the  said 
Society  shall  deem  advisable  and  proper,  for  the  purpose  of  creat- 
ing and  establishing  a  fund  for  the  supDort  of  the  gospel  ministry 
in  the  Presbyterian  Church  and  Society  in  the  town  of  Nottingham- 
West  in  the  county  of  Hillsborough  but  no  part  of  the  principal  of 
said  fund,  nor  of  the  interest  accruing  thereon,  shall  be  applied  to 
such  support  nor  to  any  other  use  until  from  the  receipts  of  sub- 


LAWS   OF   NEW  HAMPSHIRE  4X5 

scriptions,  grants  and  donations  with  the  accumulating  interest 
thereon,  the  said  fund  shall  have  amounted  to  the  sum  of  Five 
Thousand  Dollars: — And  after  said  fund  shall  have  amounted  as 
aforesaid  to  the  said  sum  of  Five  Thousand  Dollars  or  more  the 
interest  thereof,  annually  accruing,  may  be  taken  and  applied  to  the 
maintenance  and  support  of  the  gospel  ministry  in  the  church  and 
society  aforesaid,  and  for  no  other  purpose  whatever. 

Sec  3  And  be  it  further  enacted;  that  either  two  of  the  persons 
above  named  may  call  a  meeting  of  the  members  of  said  society  to 
be  holden  at  any  suitable  time  and  place  in  said  Nottingham-West; 
by  posting  up  notifications  therefor  at  the  Meeting-houses  in  said 
town  at  least  fifteen  days  prior  thereto  At  which  meeting  or  at  any 
adjournment  thereof  the  said  members  may  agree  on  the  manner  of 
calling  their  future  meetings,  the  time  of  holding  their  annual  meet- 
ing and  may  elect  a  clerk,  treasurer,  board  of  trustees  not  exceed- 
ing five  persons,  and  such  other  officers  and  agents  as  may  be 
deemed  necessary;  may  ordain  and  establish  rules  and  regulations 
for  the  prudent  management  of  said  fund,  and  the  affairs  of  said 
corporation,  and  do  and  transact  any  business  necessary  and  proper 
to  carry  into  effect  the  provisions  of  this  act. 

[CHAPTER  34.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  an  act  for  the  punish- 
ment OF  CERTAIN  CRIMES  BY  SOLITARY  IMPRISONMENT  AND  CON- 
finement to  hard  labor,  passed  the  nineteenth  day  of 
June  One  thousand  eight  hundred  and  twelve. 

[Approved  June  28,  1825.     Original  Acts,  vol.  29,  p.  34;  recorded  Acts, 
vol.    23,   p.    64.      Session    Laws,    1825,    Chap.    34.      The    act    referred    to    is 
printed  in  Laws  of  New  Hampshire,  vol.  8,  p.   129.     See    il    1  1  nndwinif  mlikii 
ruary  8,  1791,  id.,  vol.  5,  p.  596;  February  16,  1791,  id.,  p.  718;  December  18, 
1812,  id.,  vol.  8,  p.  196,  and  January  2,  1829,  j)ost.~\ 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  if  any  person  shall  commit 
the  crime  of  manslaughter  such- person  shall  be  punished  by  solitary 
imprisonment  for  a  term  not  exceeding  six  months  and  by  confine- 
ment to  hard  labor  for  any  term  of  time  not  less  than  two  years  or 
for  life,  according  to  the  aggravation  of  the  offence. 

Sec  2  And  be  it  further  enacted;  that  the  fourth  section  of  the 
act  to  which  this  is  an  addition  be  and  hereby  is  repealed.  Provided 
that  the  same  shall  be  and  remain  in  force  for  the  cognizance,  trial 
and  punishment  of  the  crime  and  offence  therein  mentioned,  which 
has  been  committed  before  the  passing  of  this  act,  and  all  proceed- 
ings thereon  arising,  this  repeal  notwithstanding. 


416  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  35.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  into  a  Company  by  the 
name  of  the  proprietors  of  the  troy  village  aqueduct. 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  35 ;  recorded  Acts, 
vol.  23,  p.  65.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Salmon  Whittemore  Lyman 
Wright  Moses  Ballou,  Cyrus  Fairbanks  and  Daniel  W.  Farrar  and 
their  associates  and  successors  be  and  they  are  hereby  incorporated 
and  made  a  body  politic  forever  by  the  name  of  the  Proprietors  of 
the  Troy  Village  Aqueduct  and  by  that  name  may  sue  and  be  sued, 
plead  and  be  impleaded  prosecute  and  be  prosecuted  to  final  judg- 
ment and  execution  and  shall  be  and  hereby  are  vested  with  all  the 
powers  and  privileges  which  are  by  law  incident  to  corporations  of 
a  similar  nature. 

Sec  2  And  be  it  further  enacted;  that  Salmon  Whittemore  Ly- 
man Wright  and  Moses  Ballou  before  named  or  either  two  of  them 
may  call  the  first  meeting  of  said  Proprietors  by  posting  advertise- 
ments for  that  purpose  in  two  public  places  in  said  Troy  at  least 
ten  days  prior  to  said  meeting  to  be  holden  at  such  time  and  place 
as  they  shall  think  proper.  And  the  Proprietors  by  vote  of  a  ma- 
jority of  those  present  or  represented  at  said  meeting  allowing  one 
vote  to  each  share  in  all  cases,  shall  choose  a  Clerk  who  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  said  office  and  shall 
agree  on  a  method  of  calling  future  meetings  and  at  the  same  time 
or  at  any  future  meeting  may  elect  such  officers  make  and  establish 
such  rules  and  by-laws  as  to  them  shall  seem  necessary  and  con- 
venient for  the  regulation  and  government  of  said  corporation  for 
securing  managing  and  improving  the  interest  thereof;  provided  the 
said  rules  and  by-laws  are  not  repugnant  to  the  Constitution  and 
laws  of  this  State;  Absent  members  may  vote  by  proxy  being 
authorized  in  writing  signed  by  the  person  represented  and  filed 
with  the  Clerk. 

Sec  3  And  be  it  further  enacted  that  said  Corporation  shall 
have  power  to  purchase  and  hold  in  fee-simple  or  otherwise  so  much 
land  as  may  be  necessary  to  enable  said  corporation  to  carry  into 
complete  effect  the  provisions  and  design  of  this  act  and  that  said 
corporation  shall  not  hold  personal  estate  to  a  greater  amount  than 
three  thousand  Dollars. 


LAWS   OF   NEW  HAMPSHIRE  4J7 

[CHAPTER  36.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Proprietors  of  Piermont  Bridge 

[Approved  June  28,  1825.  Original  Acts,  vol.  29,  p.  36;  recorded  Acts, 
vol.  23,  p.  66.  See  also  acts  of  June  11,  1808,  Laws  of  New  Hampshire, 
vol.  7,  p.  648;  June  23,  1826,  and  January  3,  1829,  post.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  Nathaniel  Kimball,  Joseph 
Sawyer  Samuel  McDuffee,  George  W.  Prichard  Benjamin  P.  Bald- 
win, their  associates  successors  and  assigns  be  and  they  hereby  are 
incorporated  and  made  a  body  politic  by  the  name  of  the  Proprie- 
tors of  Piermont  Bridge;  and  by  that  name  may  sue  and  be  sued, 
prosecute  and  defend  to  final  judgment  and  execution  and  be  called 
and  known  in  all  cases  whatever,  and  they  are  hereby  vested  with 
all  the  powers  and  privileges  which  are  by  law  incident  to  similar 
corporations 

Sec  2  And  be  it  further  enacted;  that  the  three  persons  first 
above  named,  or  any  two  of  them  may  call  a  meeting  of  said  propri- 
etors at  any  suitable  time  and  place  by  posting  up  notifications  for 
that  purpose  at  public  places  in  the  towns  of  Piermont  and  Brad- 
ford at  least  fifteen  days  prior  thereto,  or  by  giving  ten  days  per- 
sonal notice  of  the  time,  place  and  design  of  said  meeting;  At  which 
said  first  meeting,  or  at  any  adjournment  thereof,  there  shall  be 
chosen  a  Clerk  and  such  other  officers  and  agents  as  may  be  deemed 
necessary;  and  at  the  same  or  at  any  subsequent  meeting  duly 
holden,  the  said  proprietors  may  divide  their  joint  property  into 
shares,  and  prescribe  the  mode  of  transferring  them,  may  order 
assessments  and  fix  the  time  of  their  payment;  pass  by-laws,  not 
being  contray  to  the  laws  of  the  State,  and  annex  penalties  to  the 
breach  thereof,  not  exceeding  ten  Dollars  for  any  one  offence;  agree 
upon  the  manner  of  calling  their  future  meetings,  and  the  time  of 
holding  their  annual  meeting  and  do  and  transact  any  business 
necessary  to  carry  into  effect  the  purposes  of  this  grant,  All  ques- 
tions shall  be  determined  by  a  majority  of  votes  accounting  one  vote 
to  each  share  in  all  cases.  Absent  proprietors  may  vote  by  proxy, 
being  authorized  in  writing  signed  by  the  person  represented  and 
filed  with  the  Clerk. 

Sec  3  And  be  it  further  enacted;  that  the  said  proprietors  be, 
and  they  hereby  are  authorized  and  empowered  to  construct,  erect 
and  build  a  Bridge  over  and  across  the  Connecticut  River  at  any 
suitable  place  within  one  mile  of  the  mouth  of  Waits  river  and  the 
same  from  time  to  time  rebuild  and  keep  in  repair  forever. 

Sec  4     And  be  it  further  enacted;  that  for  the  purpose  of  reim- 

27 


4l8  LAWS  OF   NEW  HAMPSHIRE 

bursing  said  proprietors  for  their  expenses  in  building  and  in  keep- 
ing said  Bridge  in  repair,  a  toll  be  and  hereby  is  granted  and 
established;  and  the  toll-gatherers  appointed  by  said  proprietors  are 
hereby  authorized  to  ask,  demand  and  receive  of  and  from  all  and 
every  person  passing  said  Bridge  with  cattle,  horses,  teams,  carriages 
or  other  thing  the  rates  of  toll  following  and  to  stop  and  detain  all 
and  every  person  so  passing  said  Bridge  until  such  toll  shall  have 
been  paid;  that  is  to  say — For  each  foot  passenger,  one  cent;  for 
each  horse  and  rider  or  horse  led  six  cents;  for  each  chaise,  or  other 
carriage  of  pleasure,  drawn  by  one  horse  twelve  cents,  and  five 
cents  for  each  additional  horse;  for  each  pleasure  sleigh  drawn  by 
one  horse  six  cents,  and  two  cents  for  each  additional  horse;  for 
each  coach  or  other  four  wheeled  carriage  for  passengers  drawn  by 
more  than  one  horse,  twenty  five  cents;  for  each  cart  or  other  car- 
riage of  burden  drawn  by  two  beasts,  ten  cents,  and  five  cents  for 
each  additional  pair  of  horses  or  yoke  of  oxen;  for  each  horse  or 
mule  in  droves,  exclusive  of  those  rode  upon  or  in  carriages,  three 
cents;  for  each  neat  creature  in  droves,  two  cents;  for  sheep  and 
swine  one  fourth  of  a  cent  each;  and  to  each  team  one  man  and  no 
more  shall  pass  free  of  toll.  And  at  all  times  when  the  toll-gatherer 
shall  not  attend  his  duty  the  gate  shall  be  left  open. 

Sec  5  And  be  it  further  enacted;  that  the  share  or  shares  in  said 
Corporation  shall  be  holden  and  liable  for  the  payment  of  all  as- 
sessments duly  made  thereon,  and  upon  the  non-payment  thereof 
within  the  time  fixed  for  their  payment  the  said  share  or  shares  may 
be  sold  at  public  auction,  or  so  many  of  them  as  may  be  necessary 
to  pay  such  assessments,  with  incidental  charges,  under  such  regu- 
lations as  the  said  proprietors  in  their  by-laws  shall  have  prescribed. 

Sec  6.  And  be  it  further  enacted;  that  after  the  expiration  of 
five  years  from  the  completion  of  said  Bridge,  upon  application  of 
said  proprietors,  or  of  any  other  person  or  persons,  the  Justices  of 
the  Superior  Court  of  Judicature,  at  any  session  of  said  Court  in  and 
for  the  County  of  Grafton,  upon  the  examination  of  the  account 
of  expenses  incurred  by  said  proprietors,  in  building  and  keeping 
said  Bridge  in  repair;  and  the  account  of  tolls  by  them  received 
for  passing  the  same,  may  alter  the  aforesaid  rates  of  toll  by  in- 
creasing or  diminishing  them  in  such  manner,  that  said  proprietors 
shall  not  receive  more  than  twelve  per  centum  per  annum  on  the 
amount  of  the  expense  of  building  and  repairing  said  Bridge. 

Sec  7  And  be  it  further  enacted;  that  if  said  Bridge  be  not 
completed  within  five  years  from  the  passing  hereof  this  grant  and 
every  part  thereof  shall  be  void  and  of  no  effect. 


LAWS   OF   NEW  HAMPSHIRE  419 

[CHAPTER  37.] 


State  of  I 

New  Hampshire.  ] 


An  Act  in  addition  to  an  act  entitled  "an  act  regulating 
process  and  trial  in  civil  causes. 

[Approved  June  29,  1825.  Original  Acts,  vol.  29,  p.  37;  recorded  Acts, 
vol.  2$,  p.  70.  Session  Laws,  1825,  Chap.  t>7-  The  act  referred  to  is  prob- 
ably dated  February  9,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  621.  See 
also  acts  of  December  11,  1792,  id.,  vol.  6,  p.  58;  December  13,  1796,  id.,  p. 
371;  June  21,  1797,  id.,  p.  407;  November  5,  1813,  id.,  vol.  8,  p.  273;  Jan- 
uary 2,  1829,  post,  and  December  10,  1840,  Session  Laws,  November,  1840, 
Chap.  562.     Partly  repealed  by  act  of  July  7,  1826,  post.] 

Sec  I  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  in  any  action  now  com- 
menced or  which  may  be  hereafter  commenced,  against  any  person 
who  is  not  an  inhabitant  or  resident  in  this  State  or  against  a  per- 
son whose  residence  shall  not  be  known  to  the  officer  serving  the 
writ,  by  an  attachment  of  the  goods  or  estate  of  the  defendant 
within  this  State,  and  no  personal  service  be  made  on  the  defendant, 
the  Justices  of  the  Court  before  whom  such  suit  shall  be  depending 
on  suggestion  thereof,  shall  order  the  said  action  to  be  continued 
to  the  next  term  of  said  Court  and  shall  order  notice  to  be  given 
of  the  pendency  of  such  suit,  by  publication  of  a  notice,  in  such 
form  as  the  said  Court  may  order,  in  such  newspaper  or  newspers 
printed  within  this  State,  and  in  such  newspaper  printed  without 
this  State  and  for  such  period  of  time,  not  less  than  two  months,  as 
the  Court  may  direct,  the  last  publication  thereof  to  be  at  least  two 
months  prior  to  the  term  of  said  Court  to  which  said  action  shall  be 
continued  as  aforesaid  And  such  publication,  sufficient  evidence 
thereof  being  produced  to  the  satisfaction  of  said  Court  shall  be 
deemed  and  taken  to  be  sufficient  notice  to  the  defendant  of  such 
suit,  and  in  case  the  defendant,  being  so  notified,  shall  not  appear 
by  himself  or  his  Attorney,  at  the  term  of  said  Court  to  which  said 
action  may  be  continued,  judgment  shall  be  entered  against  him  by 
default  and  such  judgment  shall  be  as  valid  and  effectual  to  all 
intents  and  purposes  as  it  would  be  in  case  the  defendant  had  per- 
sonal notice  of  such  suit. 

Sec  II  And  be  it  further  enacted;  that  in  any  action  which  here- 
after may  be  commenced  before  any  Justice  of  the  Peace  against 
any  person,  by  attachment  of  his  goods  or  chattels  and  no  personal 
service  be  made  on  the  defendant  by  reason  that  his  place  of  abode 
shall  not  be  known  to  the  officer  serving  said  writ,  the  Justice  be- 
fore whom  such  suit  shall  be  depending,  such  fact  appearing  by 
the  officer's  return,  shall  order  said  action  to  be  continued  for  a 
term  not  less  than,  sixty  days  nor  more  than  ninety  days;  and  shall 


420  LAWS  OF   NEW  HAMPSHIRE 

order  notice  to  be  given  of  the  pendency  of  such  suit,  by  posting 
up  a  notification  thereof  in  two  public  places  in  the  town  where  the 
defendant  was  last  known  to  be  an  inhabitant  or  resident  in  this 
State  forty  days  at  least  before  the  day  to  which  said  action  shall 
be  continued:  And  if  the  defendant  shall  not  appear  before  said 
Justice  at  the  time  and  place  to  which  said  action  shall  be  con- 
tinued, and  no  satisfactory  evidence  being  furnished  to  said  Justice 
that  said  defendant  has  had  notice  of  said  suit  said  Justice  shall 
order  said  action  to  be  further  continued  for  a  time  not  less  than 
thirty  days  nor  more  than  forty  days.  And  if  the  defendant  shall 
not  appear  at  the  time  and  place  to  which  the  action  shall  last  be 
continued,  and  satisfactory  evidence  being  furnished  that  notice 
was  posted  as  aforesaid  judgment  shall  be  rendered  against  said 
defendant  by  default;  and  in  all  such  cases  where  judgment  shall 
be  rendered  by  default  after  two  continuances  as  aforesaid;  and  no 
evidence  furnished  that  the  defendant  has  had  notice  of  the  pen- 
dency of  such  suit,  which  evidence  shall  always  be  in  writing  and 
filed  with  the  Justice,  execution  shall  not  issue  until  the  Plaintiff 
shall  give  bond,  which  shall  be  filed  with  the  Justice  with  suffi- 
cient surety,  in  double  the  amount  of  the  sum  recovered  by  said 
judgment  to  respond  the  judgment  that  may  be  recovered  in  an 
action  of  review,  which  may  be  commenced  and  prosecuted  by  said 
defendant  before  said  Justice  at  any  time  within  two  years  next 
after  the  rendering  of  such  judgment,  and  such  plaintiff  in  review 
may  have  the  benefit  of  all  pleas  and  advantages  that  he  might  have 
had,  had  he  appeared  and  pleaded  to  the  original  suit;  the  default 
notwithstanding. 


[CHAPTER  38.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  empowering  the  Selectmen  of  the  town  of  Keene  to 
appoint  additional  fire  engine  men. 

[Approved  June  29,  1825.  Original  Acts,  vol.  29,  p.  38;  recorded  Acts, 
vol.  23,  p.  73.  Session  Laws,  1825,  Chap.  38.  See  acts  of  June  13,  1808, 
Laws  of  New  Hampshire,  vol.  7,  p.  659:  June  28,  1822,  ante,  p.  92,  and 
June  18,  1836,  Session  Laws,  June,  1836,  Private  Acts,  Chap.  79.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  Selectmen  of  the  town  of 
Keene  be  and  they  hereby  are  authorized  and  empowered  to  ap- 
point an  additional  number  of  fire  engine  men  to  the  first  fire  engine 
company  in  said  town  (if  in  their  opinion  the  engine  belonging  to 
said  company  require  a  greater  number  of  men  than  eighteen  to  work 
it)  not  exceeding  six  additional  men  to  such  company.    And  a  cer- 


LAWS   OF   NEW  HAMPSHIRE  421 

tificate  signed  by  a  majority  of  the  said  selectmen  shall  exempt  the 
persons  so  appointed  from  military  duty  in  the  same  way  and 
manner  as  is  provided  in  the  fifth  section  of  the  Militia  law  of 
December  22'1  A.D.  1820.  Provided,  that  no  infantry  company  by 
any  such  enlistment  shall  be  reduced  below  sixty  four  in  number. 


[CHAPTER  39.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  in  addition  to  and  in  amendment  of  An  Act  empow- 
ering SCHOOL  DISTRECTS  TO  BUILD  AND  REPAIR  SCHOOL-HOUSES 
AND  REGULATING  SCHOOLS.  PASSED  DECEMBER  2  8,   1805 

[Approved  June  30,  1825.  Original  Acts,  vol.  29,  p.  39;  recorded  Acts, 
vol.  2T,,  p.  74.  Session  Laws,  1825,  Chap.  39.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  7,  p.  467.  Repealed  by  act  of 
July  6,  1827,  post] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  it  shall  be  the  duty  of  the 
Selectmen  of  the  several  towns  and  places  within  this  State  divided 
into  school  distrects,  upon  application  made  to  them  in  writing,  by 
three  or  more  freeholders  resident  within  any  school  distrect  in  their 
respective  towns  to  issue  their  warrant  directed  to  one  of  the  persons 
making  such  application,  requiring  him  to  warn  the  inhabitants  of 
such  distrect  qualified  to  vote  in  town  affairs,  to  meet  at  such  time 
and  place  within  such  distrect,  as  the  Selectmen  shall  in  their  war- 
rant appoint:  And  the  warning  aforesaid  shall  be,  by  notifying  per- 
sonally every  person,  within  such  destrect,  qualified  to  vote  in  town 
affairs,  or  by  leaving  at  their  usual  places  of  abode,  a  notification 
in  writing,  expressing  therein  the  time  and  place  of  such  meeting, 
fourteen  days  at  least  prior  to  said  meeting,  or  by  posting  up  in  two 
or  more  of  the  most  public  places  within  such  distrect  fourteen  days 
at  least  prior  to  such  meeting  an  attested  copy  of  the  warrant  afore- 
said; in  either  way  as  the  said  Selectmen  shall,  in  such  warrant 
direct  and  order  and  any  vote  to  raise  money  passed  by  a  majority 
of  the  inhabitants  of  any  school  distrect  present,  at  any  distrect 
meeting  holden  pursuant  to  this  act,  shall  be  obligatory  on  the  in- 
habitants of  said  distrect,  to  be  assessed,  levied  and  collected,  as 
prescribed  by  the  provisions  of  the  act,  to  which  this  act  is  an 
amendment 

Sec  2  And  be  it  further  enacted,  that  the  fifth  section  of  an  act 
passed  December  28,  1805,  entitled  "An  Act  empowering  school  dis- 
trects to  build  and  repair  school-houses  and  regulating  schools"  be 
and  the  same  is  hereby,  repealed. 


422  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  40.] 

State  oj  I 

Neiv  Hampshire.  \ 

An  Act  authorizing  an  action  of  Replevin  in  certain  cases. 

[Approved  June  30,  1825.  Original  Acts,  vol.  29,  p.  40;  recorded  Acts, 
vol.  23,  p.  76.  Session  Laws,  1825,  Chap.  40.  Laws,  1830  ed.,  p.  379.  See 
also  acts  of  February  9,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  629,  and 
June  22,  1832,  Session  Laws,  1832,  Chap.  72.  Repealed  by  act  of  December 
23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  when  any  goods  or  chattels 
shall  be  taken,  destrained  or  attached  upon  any  writ  of  mesne  pro- 
cess, which  shall  be  claimed  by  any  third  person  or  persons  such 
person  or  persons  so  claiming  such  goods  or  chattels,  may  replevy 
the  same;  and  said  action  of  replevin  may  be  prosecuted  to  final 
judgment  and  execution,  in  any  Court  proper  to  try  the  same,  in  the 
same  form  and  manner  as  is  provided  to  the  owners  of  creatures 
impounded,  by  an  act  entitled  "an  act  regulating  pounds"  passed 
February  9,  1791,  and  in  the  same  form  and  manner  as  said  action 
of  replevin  has  been  heretofore  prosecuted  in  this  State. 


[CHAPTER  41.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  for  the  limitation  of  actions  and  preventing  vexa- 
tious SUITS. 

[Approved  June  30,  1825.  Original  Acts,  vol.  29,  p.  41;  recorded  Acts, 
vol.  23,  p.  tj.  Session  Laws,  1825,  Chap.  41.  Laws,  1830  ed.,  p.  76.  This 
act  repeals  acts  of  June  16,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  769, 
and  December  30,  1799,  id.,  vol.  6,  p.  623.  See  also  acts  of  June  19,  1805, 
id.,  vol.  7,  p.  414;  June  22,  1814,  id.,  vol.  8,  p.  333;  July  6,  1826,  post,  and 
June  20,  1840,  Session  Laws,  June,  1840,  Chap.  504.  Repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  all  actions  of  trespass  quare 
clausum  fregit,  all  actions  of  trespass,  detinue  trover  or  replevin 
for  goods  or  cattle,  all  actions  of  account  and  upon  the  case,  other 
than  such  as  concern  the  trade  of  merchandize  between  merchant 
and  merchant  their  factors  and  servants,  all  actions  of  debt 
grounded  upon  any  lending  or  contract  not  under  seal,  all  actions 
of  debt  for  arrearages  of  rent,  and  all  actions  of  assault,  menace, 
battery  wounding  and  imprisonment  or  any  of  them  which  shall  be 


LAWS  OF   NEW   HAMPSHIRE  423 

hereafter  sued  or  brought,  shall  be  commenced  and  sued  within  the 
time  hereinafter  limited,  and  not  afterwards,  to  wit  the  actions  of 
account,  and  actions  of  debt  and  actions  upon  the  case  other  than 
for  slander,  and  said  actions  of  trespass,  detinue  and  replevin  for 
cattle  and  goods,  and  said  actions  of  trespass  quare  clausum  fregit, 
within  six  years  next  after  the  cause  of  such  actions  or  suits,  and 
not  after.  And  the  said  actions  of  trespass,  of  assault,  battery, 
wounding  imprisonment,  or  any  of  them,  within  three  years  next 
after  the  cause  of  such  actions  or  suits  and  not  afterwards;  and  the 
said  actions  upon  the  case  for  words  within  two  years  next  after  the 
words  spoken  and  not  afterwards.  Provided  always,  that  if  upon 
any  of  the  said  actions  or  suits,  judgment  be  given  for  the  plaintiff 
and  the  same  be  reversed  by  writ  of  error  cr  a  verdict  pass  for  th? 
Plaintiff,  and  for  matter  alleged  in  arrest  of  judgment,  the  judgment 
be  given  against  the  plaintiff,  that  he  take  nothing  for  his  plaint, 
writ,  or  bill  that  in  all  such  cases  the  Plaintiff,  his  executor  or  ad- 
ministrator, as  the  case  shall  require,  may  commence  a  new  action 
or  suit  from  time  to  time  within  a  year  after  such  judgment  re- 
versed, or  such  judgment  against  the  plaintiff,  and  not  after. 

Sec  2.  And  be  it  further  enacted;  that  this  act  shall  not  extend 
to  bar  any  infant,  feme-covert  person  imprisoned  or  beyond  seas 
without  any  of  the  United  States,  or  non-compos  mentis,  from 
bringing  either  of  the  actions  before  mentioned  within  the  term  be- 
fore set  and  limited  for  bringing  such  actions,  reckoning  from  the 
time  such  impediment  shall  be  removed. 

Sec  3  And  be  it  further  enacted;  that  if  any  person  against 
whom  there  is  or  may  be  any  cause  of  suit  for  any  and  every  the 
species  of  personal  actions  before  enumerated,  who  at  the  time  the 
same  accrued  or  afterward  resided  without  the  limits  of  the  State 
and  did  not  leave  property  or  estate  therein,  that  could  by  the 
common  and  ordinary  process  of  law  be  attached,  that  then  and  in 
such  case  the  person,  that  is  entitled  to  bring  such  suit  or  action, 
shall  be  at  liberty  to  commence  the  same  within  the  respective 
periods  before  limited  exclusive  of  the  time  during  which  such  pre- 
son  shall  have  resided  without  the  limits  of  the  State  as  aforesaid. 

Sec  4  And  be  it  further  enacted;  that  the  aforesaid  act  shall  not 
extend  to  bar  any  action  hereafter  brought  upon  any  note  in  writing, 
made  and  signed  by  any  person  or  persons  for  securing  the  payment 
of  which  a  mortgage  has  been  or  shall  be  given;  nor  shall  it  ex- 
tend to  bar  any  action  brought  by  any  mortgagee  against  the  mort- 
gagor upon  a  mortgage  where  no  note  is  given;  but  that  the  same 
shall  remain  as  though  said  act  had  never  been  made. 

Sec  5  And  be  it  further  enacted;  that  this  act  shall  not  extend 
to  bar  any  action  hereafter  brought  upon  anv  contract  therein  men- 
tioned by  any  executor  or  administrator  until  the  expiration  of  two 
years  from  the  time  of  proving  the  will  or  taking  out  letters  of 
administration,  provided  the  testator  or  intestate  had  cause  of  action 


424  LAWS   OF  NEW  HAMPSHIRE 

at  the  time  of  his  or  her  decease;  nor  shall  said  act  be  construed 
to  bar  any  action  hereafter  brought  against  any  executor  or  admin- 
istrator, until  the  expiration  of  two  years  from  the  time  of  proving 
the  will,  or  taking  letters  of  administration,  provided  the  testator  or 
intestate  was  liable  to  an  action  at  the  time  of  his  or  her  decease, 
anything  in  this  act  to  the  contrary  notwithstanding. 

Sec  6  Be  it  further  enacted;  that  no  suit  or  action  shall  be  com- 
menced or  sustained  against  any  executor  or  administrator  on  any 
contract  of  the  testator  or  intestate  or  for  any  cause  of  action 
against  such  testator  or  intestate  unless  such  suit  or  action  is  com- 
menced within  three  years  next  after  the  probate  of  the  will  or 
granting  of  administration  on  the  estate  of  the  person  deceased. 
Provided  such  executor  or  administrator  shall  have  given  notice  of 
his  appointment,  by  posting  up  a  notification  thereof,  in  some  pub- 
lic place  in  the  town  or  place  where  the  deceased  had  his  residence 
at  the  time  of  his  death,  and  by  causing  the  same  to  be  published  in 
some  newspaper  printed  in  this  State  as  the  court  of  Probate  shall 
have  directed  or  approved  of  and  by  giving  such  other  notice  as 
said  court  taking  into  consideration  the  circumstances  and  situation 
of  the  estate  of  the  deceased,  may  have  ordered.  Provided  never- 
theless, that  when  the  cause  of  action  against  any  Testator  or  Intes- 
tate shall  not  have  accrued  at  the  death  of  such  Testator  or  Intestate, 
and  shall  not  accrue  within  one  year  next  after  the  probate  of  the 
will  or  granting  of  administration  on  the  Estate  of  any  deceased 
person;  an  action  may  be  commenced  and  maintained  against  the 
Executor  or  Administrator,  at  any  time  within  two  years  next  after 
such  cause  of  action  shall  accrue  and  not  afterwards. 

Sec  7  And  be  it  further  enacted,  that  no  judgment  in  any  real 
or  personal  action  shall  be  reversed  or  avoided  for  any  error  or 
defect  therein,  unless  the  writ  of  error  or  suit  for  the  reversing  such 
judgment  be  commenced  or  brought  and  prosecuted  with  effect 
within  three  years  after  such  judgment  entered  of  record  saving  unto 
any  infant,  feme  covert,  person  non  compos  mentis,  person  in  prison 
or  beyond  sea  the  right  of  bringing  any  writ  of  error  or  suit  for  the 
reversing  of  any  judgment  at  any  time  within  three  years  after  such 
judgment  rendered,  or  within  five  years  after  such  impediment 
shall  be  removed. 

Sec  8  And  be  it  further  enacted;  that  in  all  actions  of  the  case 
for  slanderous  words,  all  actions  of  assault  and  battery,  all  actions 
for  imprisonment,  all  actions  for  malicious  prosecutions  hereafter 
prosecuted  in  any  of  the  Courts  of  record  in  this  State  if  the  jury 
that  inquire  of  the  damages  do  find  or  assess  the  damages  under  six 
Dollars;  then  the  Plaintiff  or  plaintiffs  in  any  such  action  shall  have 
and  recover  only  so  much  costs  as  damages  so  found  and  assessed 
amount  unto,  without  any  further  increase  of  the  same.  And  in  all 
actions  of  trespass  quare  clausum  fregit,  where  the  title  of  real  es- 
tate is  not  in  question,  if  the  damages  found  or  assessed  by  the  jury 


LAWS   OF   NEW   HAMPSHIRE  425 

do  not  amount  to  six  Dollars,  the  Court  may  if  they  think  proper, 
allow  only  such  sum  in  costs,  as  they  shall  think  proper,  not  ex- 
ceeding the  damages  assessed  by  the  jury.  And  in  all  other  actions 
commenced  at  the  Court  of  Common  Pleas,  if  it  shall  appear  to  the 
Justices  of  said  Court,  or  to  the  Justices  of  the  Superior  Court,  in 
case  of  appeal  that  the  Plaintiff  or  Plaintiffs  had  no  reasonable 
expectation  of  recovering  more  than  six  Dollars  damages  in  such 
suit;  the  Justices  of  said  Court  may  limit  the  Plaintiff  or  Plaintiffs 
in  their  costs  to  such  sum,  as  they  may  think  just  and  reasonable  all 
circumstances  duly  considered. 

Sec  9  And  be  it  further  enacted;  that  "an  Act  passed  June  16, 
179?,  entitled  "An  Act  for  the  limiting  of  actions  and  for  the  pre- 
venting of  vexatious  suits"  An  act  passed  December  30.  1799  enti- 
tled "An  Act  in  addition  to  and  amendment  of  an  act  entitled  "An 
Act  for  the  limitation  of  actions  and  for  the  preventing  of  vexatious 
suits"  passed  the  sixteenth  day  of  June  A.D.  1791  be  and  they 
hereby  are  repealed. 


[CHAPTER  42.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Merrimack  Company,  for  culti- 
vating the  Mulberry  tree. 

[Approved  July  1,  1825.  Original  Acts,  vol.  29,  p.  42;  recorded  Acts, 
vol.  23,  p.  82.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Joseph  M  Harper; 
Philip  Brown  junior,  Joshua  Emery  Zepheniah  Batchelder,  and 
their  associates,  proprietors  and  owners  of  a  Mulberry  Orchard  in 
Louden  in  the  County  of  Merrimack,  and  those  who  may  hereafter 
become  proprietors  of  said  Orchard,  be,  and  hereby  are  incorpo- 
rated and  made  a  body  politick  by  the  name  of  the  Merrimack  Com- 
pany for  cultivating  the  Mulberry  Tree;  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execution; 
and  hereby  are  vested  with  the  powers  and  privileges  which  by  law 
are  incidenta  to  corporations  of  a  similar  nature 

Sec.  2.  And  be  it  further  enacted.  That  for  the  purpose  of  cul- 
tivating the  Mulberry  Tree  and  for  carrying  on  such  other  business 
as  may  be  necessarily  connected  therewith,  the  said  Company  be 
and  hereby  is  authorized  to  acquire  and  hold  any  estate  not  exceed- 
ing five  thousand  dollars  in  value,  and  the  same  to  sell  and  dispose 
of  at  pleasure 


426  LAWS  OF   NEW  HAMPSHIRE 

Sec.  3.  And  be  it  further  enacted,  That  said  Company  be  and 
hereby  is  authorized  to  assemble  at  Loudon  aforesaid  on  the  first 
Monday  of  March,  annually,  to  choose  a  Clerk  and  such  other 
officers  and  agents  for  conducting  the  affairs  thereof  as  may  be 
deemed  necessary;  to  order  assessments,  and  fix  the  time  of  their 
payment,  pass  by-laws,  not  being  contrary  to  the  laws  of  the  State, 
for  their  regulation  and  Government,  and  do  and  transact  such  other 
business  as  the  well-being  of  said  Company  may  require.  And  the 
said  Company  may  hold  meetings  at  any  other  time  for  the  purpose 
of  filling  such  vacancies  as  may  have  happened  in  any  office,  and 
for^  transacting  any  other  business,  except  the  raising  of  money, 
which  shall  always  be  done  at  the  annual  meeting,  And  at  no  dther 
time 

Sec  4  An  be  it  further  enacted,  That  the  said  Joseph  M  Harper, 
Philip  Brown,  junior,  and  Joshua  Emery,  or  either  two  of  them  may 
call  the  first  Meeting  of  said  Company  at  any  suitable  time  and 
place  in  Loudon  aforesaid  by  posting  up  notifications  therefor  at 
any  two  public  places  in  said  Loudon  at  least  fifteen  days  before 
said  meeting,  or  by  giving  ten  days  personal  notice  prior  thereto 
expressing  therein  the  time,  place  and  design  of  said  meeting;  and 
at  said  first  meeting  the  members  of  said  Company  shall  have  the 
same  power  to  choose  officers,  order  assessments  pass-by-laws,  and 
transact  any  business  which  by  this  act  they  are  authorized  to  do  at 
their  annual  meeting. 


[CHAPTER  43.] 


State  of  ) 

New  Hampshire.  \ 


An  act  in  addition  to  an  Act  entitled  "An  act  to  Incorporate 
Clement  Storer  and  others  his  associates,  with  the  ex- 
clusive RIGHT  AND  PRIVILEGE  OF  CUTTING  A  CANAL  AND  CON- 
STRUCTING Locks,  Slips  and  Railways  from  Winnipisseogee 
Lake  to  Piscatequa  River"- -passed  December  i6th  1824 

[Approved  July  1,  1825.  Original  Acts,  vol.  29,  p.  43;  recorded  Acts, 
vol.  23,  p.  84.  See  act  referred  to,  ante,  p.  322.  See  also  acts  of  June  18. 
1811,  Laws  of  New  Hampshire,  vol.  8,  p.  21;  June  21,  1817,  id.,  p.  629,  and 
July  7,  1827,  post.'] 

Section  1.  Be  it  enacted  by  the  Senate,  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  for  the  purposes  of  sup- 
plying and  maintaining  said  canal,  said  corporation  is  hereby 
authorized  to  take  and  use  any  water  of  and  from  said  Lake,  or  any 
pond  or  ponds,  rivers  and  other  water  courses,  as  the  same  may  be 
convenient  and  necessary,  and  to  make,  in  any  part  of  such  canal, 


LAWS   OF   NEW   HAMPSHIRE  427 

and  at  the  extremities  thereof,  all  such  locks  floodgates  docks,  em- 
bankments, basins,  piers,  wharves,  and  other  works,  as  well  above 
as  below  low  water  mark  as  may  be  convenient  or  necessary  for  the 
purposes  of  the  act  to  which  this  is  an  addition,  compensation  being 
made  to  those  injured  thereby,  in  such  way  and -manner  as  is  pre- 
scribed in  said  act. 

Section  2d  And  be  it  further  enacted.  That  said  corporation 
may  use,  occupy,  hold  in  shares  or  otherwise  dispose  of,  any  water 
power  or  mill  priveleges  which  may  be  obtained  from,  or  created, 
by  any  of  the  Locks  or  Slips  erected  by  said  corporation,  and  may 
erect  such  works  and  buildings  as  may  be  found  necessary  for  the 
profitable  management  of  their  property,  to  the  amount  of  five 
hundred  thousand  dollars. 

Section  3d  And  be  it  further  enacted,  That  said  corporation, 
may  hold  such  real  and  personal  estate,  as  may  be  necessary  and 
convenient  for  the  purposes  of  this  act  and  the  Act  to  which  this  is 
in  addition,  not  exceeding  one  Million  of  Dollars,  and  the  same  may 
sell  and  dispose  of  at  pleasure. 

Section  4th  And  be  it  further  enacted.  That  the  Stock  of  said 
corporation,  actually  employed  in  the  construction  of  said  canal, 
shall  be  exempted  from  all  public  taxes,  until  the  Annual  profits 
arising  from  said  Canal,  shall  amount  to  six  per  cent,  on  the  money 
actually  expended  for  said  purpose.  Provided  however,  that  this 
Section,  shall  not  continue  in  force  for  a  longer  term  than  twenty 
years,  from  the  passage  of  this  Act. 

Section  5th  And  be  it  further  enacted.  That  for  the  purpose  of 
ascertaining  the  amount  of  profits  received,  on  the  Money  expended, 
in  the  construction  of  said  Canal;  said  Company,  shall  cause  their 
Treasurer.  Clerk,  Agent  or  Directors,  to  make  out  under  oath,  and 
exhibit  once  in  every  three  years,  during  said  term  of  twenty  years, 
to  the  Justices  of  the  Superior  Court,  at  seme  term  of  said  Court, 
holden  within  and  for  said  County  of  Strafford,  a  true  and  correct 
account  of  all  such  expenditures,  and  of  all  monies  by  said  Com- 
pany, received  for  tolls  or  otherwise,  as  profits  or  income  on  the 
monies  so  expended — And  in  case  said  Company,  shall  neglect  to 
cause  an  account  of  Monies  by  them  expended  and  received,  to  be 
exhibited  in  manner  as  aforesaid,  they  shall  be  held  liable,  and  sub- 
ject to  taxation  for  all  real  and  personal  estate  of  which  they  may 
be  possessed — Any  provision  in  this  act  contained  to  the  contrary 
notwithstanding. 


428  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  44.] 

State  oj  } 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  the  Lit- 
erary Library  Society  in  the  town  of  Nelson. 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  44;  recorded  Acts, 
vol.  23,  p.  86.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Nathaniel  Woods  Henry  Mel- 
ville and  Asa  Beard  and  their  associates  and  successors  be  and  they 
hereby  are  made  a  corporation  by  the  name  of  the  Literary  Library 
Society  in  the  town  of  Nelson  for  the  purpose  of  establishing  a 
Library  in  said  town  and  that  said  Society  be  and  hereby  are  vested 
with  the  powers  and  privileges  and  made  subject  to  the  liabilities 
insident  to  similar  corporations  and  shall  have  power  to  hold  real 
and  personal  estate  not  exceeding  in  value  the  sum  of  Two  Thousand 
Dollars. 

Sec  2  And  be  it  further  enacted  that  any  two  of  the  persons 
herein  named  may  call  the  first  meeting  of  said  Corporation  at  such 
time  and  place  as  they  may  deem  expedient  by  posting  up  a  notifi- 
cation for  that  purpose  in  some  public  place  in  said  town  of  Nelson 
at  least  fourteen  days  prior  to  the  time  of  holding  the  same  at  which 
meeting  said  Corporation  may  organize  and  at  the  same  or  any 
subsequent  meeting  duly  holden  in  pursuance  of  the  regulations  of 
said  Corporation,  may  elect  such  officers,  make  such  rules  and  reg- 
ulations for  the  government  of  said  society,  order  such  assessments 
and  transact  such  business  as  may  be  necessary  to  carry  into  effect 
the  purposes  of  said  Corporation. 

[CHAPTER  45.] 

State  oj  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  an  Engine  Company  in  the  town  of 
Sandwich. 

[Approved  July  1,  1825.  Original  Acts,  vol.  29,  p.  45;  recorded  Acts, 
vol.  23,  p.  87.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Daniel  Felch,  Jesse  Ambrose 
and  Elisha  Marston  and  their  associates  and  such  as  may  hereafter 
become  associates,  be  and  they  hereby  are  incorporated  and  made 


LAWS  OF   NEW  HAMPSHIRE  429 


a  body  politic  and  corporate  forever  by  the  name  of  Sandwich  Fire 
Engine  Company  and  by  that  name  may  sue  and  be  sued  pl^id  and 
be  impleaded,  prosecute  and  be  prosecuted  to  final  judgment  and 
execution,  and  shall  have  and  enjoy  all  the  privileges  and  be  subject 
to  all  the  liabilities  incident  to  corporations  of  a  similar  nature 

Sec  2  And  be  it  further  enacted  that  the  said  Corporation  may 
at  any  meeting  legally  warned  and  holden  for  that  purpose,  make 
and  ordain  all  necessary  rules  and  regulations  for  the  government 
thereof  provided  such  rules  and  regulations  be  not  inconsistent  with 
the  constitution  and  laws  of  this  State. — 

Sec  3  And  be  it  further  enacted  that  the  persons  named  in  the 
first  Section  of  this  Act  or  any  two  of  them  may  call  the  first  meet- 
ing of  said  Company  by  posting  up  notifications  thereof  at  two  of 
the  most  public  places  in  said  town  at  least  fifteen  days  prior  to  said 
day  of  meeting. 

Sec  4  And  be  it  further  enacted  that  no  more  than  eighteen  per- 
sons shall  be  exempted  from  doing  military  duty  in  said  town  of 
Sandwich  in  consequence  of  belonging  to  said  Company,  any  law 
or  usage  to  the  contrary  notwithstanding.  Provided  nevertheless 
that  no  person  shall  be  excused  from  military  duty  until  an  Engine 
be  provided  with  apperatus  comple  by  said  Company  and  ready  for 
operation. 

Sec  5  And  be  it  further  enacted  that  said  Corporation  for  the 
purposes  aforesaid  shall  have  full  powers  and  authority  to  hold  real 
and  personal  estate  to  any  amount  not  exceeding  five  hundred  Dol- 
lars. 


[CHAPTER  46.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  the  proprietors  of  the  Litchfield  and 
Merrimac  Bridge. 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  46;  recorded  Acts, 
vol.  23,  p.  89.  See  act  of  December  19,  1803,  Laws  of  New  Hampshire, 
vol.  7,  p.   180.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Isaac  Riddle,  Charles 
H.  Atherton,  Joseph  Colley,  William  Moor,  junior,  Richard  H. 
Ayer,  their  associates,  successors  and  assigns,  be,  and  they  hereby 
are  incorporated  and  made  a  body  politic  by  the  name  of  the  Pro- 
prietors of  the  Litchfield  and  Merrimack  Bridge;  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 


43°  LAWS  OF   NEW   HAMPSHIRE 

execution,  and  be  called  and  known  in  all  cases  whatever,  and 
hereby  are  vested  with  all  the  powers  and  privileges  which  are  by 
law  incident  to  similar  corporations. 

Sec.  2.  And  be  it  further  enacted,  That  any  three  of  the  persons 
above  named  may  call  a  meeting  of  said  proprietors  at  any  suitable 
time  and  place  by  posting  up  notifications  for  that  purpose  at  public 
places  in  the  towns  of  Litchfield  and  Merrimack  at  least  fifteen 
days  prior  thereto,  or  by  giving  said  proprietors  ten  days'  notice 
of  the  time,  place  and  design  of  said  meeting.  At  which  said  first 
meeting,  or  at  any  adjournment  thereof,  there  shall  be  chosen  a 
Clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and 
such  other  officers  and  agents  as  may  be  deemed  necessary;  and  at 
the  same,  or  at  any  subsequent  meeting  duly  holden,  the  said  pro- 
prietors may  divide  their  joint  property  into  shares  and  prescribe 
the  mode  of  transferring  them;  may  order  assessments  and  fix  the 
time  of  their  payment;  pass  by-laws,  not  being  contrary  to  the  laws 
of  the  State,  and  annex  penalties  to  the  breach  thereof,  not  exceed- 
ing ten  dollars  for  any  one  offence;  agree  upon  the  manner  of  call- 
ing their  future  meetings,  and  the  time  of  holding  their  annual 
meeting,  and  do  and  transact  any  business  necessary  to  carry  into 
effect  the  purposes  of  this  act.  All  questions  shall  be  determined  by 
a  majority  of  votes,  allowing  one  vote  to  each  share;  and  absent 
proprietors  may  vote  by  proxy,  being  authorized  in  writing  signed 
by  the  person  represented  and  filed  with  the  Clerk. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  proprietors  be, 
and  hereby  are  authorized  and  empowered  to  construct,  erect  and 
build  a  Bridge  over  and  across  the  Merrimack  River  at  any  suitable 
place  within  half  a  mile  southerly  of  the  mouth  of  Souhegan 
river,  and  the  same  hereafter  from  time  to  time  to  rebuild  and  main- 
tain forever. 

Sec.  4.  And  be  it  further  enacted,  That  if  the  proprietors  afore- 
said shall  erect  said  bridge  ever  said  river  within  the  limits  here- 
tofore granted  and  prescribed  by  the  Legislature  of  this  State  to 
any  person  or  persons  within  which  he  or  they  have  by  law  the  ex- 
clusive right  of  keeping  a  ferry;  and  the  owner  or  owners  of  the 
ferry  aforesaid,  within  whose  limits  said  bridge  shall  be  built, 
and  the  proprietors  of  said  bridge  cannot  agree  upon  the  amount  of 
compensation  which  said  proprietors  shall  pay  to  the  owner  or 
owners  of  said  ferry  for  the  damages  which  he  or  they  may  sustain 
in  consequence  of  the  building  of  said  bridge;  or,  if  the  proprietors 
of  said  bridge,  and  the  owner  or  owners  of  lands  adjacent  thereto 
shall  disagree  as  to  the  amount  of  compensation  to  be  made  for  the 
privilege  of  erecting  and  continuing  said  bridge  as  aforesaid;  or, 
shall  disagree  as  to  the  value  of  the  land  whereon  it  mav  be  nec- 
essary to  erect  a  toll-house,  or  for  a  road  to  and  from  said  bridge; 
in  any  such  case  the  owner  or  owners  of  said  ferry,  or  the  owner  or 
owners  of  lands  adjacent  and  contiguous  to  said  bridge,  and  wanted 


LAWS   OF   NEW  HAMPSHIRE  431 

for  the  purposes  aforesaid,  may  apply  by  petition  to  the  Justices 
of  the  Superior  Court  of  Judicature  when  sitting  in  the  county  of 
Hillsborough,  to  have  all  the  damages  by  him  or  them  sustained 
estimated  and  adjusted;  and  said  Court,  after  reasonable  notice 
given,  shall  appoint  a  Committee  which  shall  consist  of  three  per- 
sons for  that  purpose;  and  the  said  Committee,  after  giving  due 
notice  to  all  parties  interested,  shall  view  the  premises  for  the  pur- 
pose aforesaid;  and  their  report  being  returned  to  said  Court,  sitting 
in  said  county,  and  judgment  rendered  thereon,  shall  be  final  and 
conclusive  between  the  parties,  and  execution  shall  issue  accord- 
ingly: Provided,  that  if  said  proprietors  shall  choose  to  have  the 
damages  which  the  owner  or  owners  of  said  ferry,  or  the  owner  or 
owners  of  lands  as  aforesaid  may  be  entitled  to  receive  as  afore- 
said in  consequence  of  erecting  said  bridge,  estimated  and  adjudged 
previous  to  erecting  said  bridge;  the  said  proprietors  may  apply  to 
said  Court,  who  may  after  due  notice,  appoint  a  Committee;  and 
all  proceedings  shall  be  in  the  same  manner  as  is  provided  in  this 
section  upon  application  of  the  owner  or  owners  of  said  ferry,  or 
the  owner  or  owners  of  lands  adjacent  and  be  equally  conclusive. 
Provided  also,  that  said  Committee  may  at  the  time  of  making  their 
award  inform  the  parties  of  the  sum  awarded,  and  in  case  they  agree 
to  abide  such  award  and  settle  the  controversy,  may  deliver  to 
each  the  papers  to  each  party  belonging. 

Sec.  5.  And  be  it  further  enacted,  That  for  the  purpose  of  reim- 
bursing said  proprietors  for  their  expenses  in  building  and  keeping 
in  repair  said  bridge,  a  Toll  be,  and  hereby  is  granted  and  estab- 
lished; and  the  toll-gatherers  appointed  by  said  proprietors,  are 
hereby  authorized  to  ask,  demand  and  receive  of  and  from  all  and 
every  person  passing  said  bridge,  with  cattle,  horses,  teams  and  car- 
riages, or  other  things,  the  rates  of  toll  following,  and  to  stop  and 
detain  all  and  every  person  and  persons  so  passing  said  bridge  until 
such  toll  shall  have  been  paid:  that  is  to  say — For  every  passenger 
on  foot,  one  cent;  for  every  horse  and  rider,  or  led  horse,  six  cents; 
for  every  chaise,  or  other  carriage  of  pleasure,  with  one  horse,  twelve 
and  one  half  cents;  and  five  cents  for  each  additional  horse;  for 
every  cart  or  other  carriage  of  burden,  drawn  by  one  horse  or  yoke 
of  oxen,  ten  cents;  and  five  cents  for  each  additional  yoke  of  oxen  or 
pair  of  horses;  for  each  pleasure  sleigh  drawn  by  one  horse,  eight 
cents,  and  four  cents  for  each  additional  horse,  for  each  sleigh  or 
sled  of  burden,  drawn  by  one  horse,  or  yoke  of  oxen,  six  cents,  and 
four  cents  for  each  additional  pair  of  horses  or  yoke  of  oxen;  for 
horses  or  mules  in  droves,  three  cents  each;  for  neat  cattle  in 
droves,  two  cents  each,  and  for  sheep  or  swine  in  droves,  one  fourth 
of  a  cent  each;  and  one  person  and  no  more  with  each  team  to 
pass  free  of  toll;  and  at  all  times  when  the  toll-gatherer  does  not 
attend  his  duty  the  toll-gate  shall  be  left  open. 


432  LAWS   OF   NEW  HAMPSHIRE 

Sec.  6.  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Corporation  shall  be  holden  and  liable  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  non-payment  thereof 
within  the  time  fixed  for  their  payment,  the  said  share  or  shares 
may  be  sold  at  public  auction,  or  so  many  of  them  as  will  be  neces- 
sary to  pay  such  assessments  with  incidental  charges  under  such 
regulations  as  the  said  proprietors  in  their  by-laws  shall  have  pre- 
scribed. 

Sec.  7.  And  be  it  further  enacted,  That  after  the  expiration  of 
five  years  from  the  completion  of  said  bridge,  upon  the  application 
of  said  proprietors,  or  of  any  other  person  or  persons,  the  Justices 
of  the  Superior  Court  of  Judicature,  at  any  session  of  said  Court  in 
and  for  the  county  of  Hillsborough,  upon  the  examination  of  the 
account  of  expenses  incurred  by  said  proprietors  in  building  and 
keeping  said  bridge  in  repair  and  the  account  of  tolls  by  them  re- 
ceived for  passing  the  same  may  alter  the  aforesaid  rates  of  toll  by 
increasing  or  diminishing  them  in  such  manner,  that  said  proprietors 
shall  not  receive  more  than  twelve  per  centum  per  annum  on  the 
amount  of  the  expense  of  building  and  keeping  said  bridge  in  repair. 

Sec.  8.  And  be  it  further  enacted,  That  unless  said  bridge  be 
completed  within  five  years  from  the  passing  hereof,  this  act  and 
every  part  thereof  shall  be  void  and  of  no  effect. 


[CHAPTER  47.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  New-Hampshire  Mutual  Fire- 
Insurance  Company. 

[Approved  July  1,  1825.  Original  Acts,  vol.  29,  p.  47;  recorded  Acts, 
vol.  23,  p.  94.  See  also  act  of  January  8,  1853,  Session  Laws,  November, 
1852,  Private  Acts,  Chap.   1359.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  William  A.  Kent, 
Timothy  Chandler,  Abel  Hutchins,  Benjamin  Gale,  Asaph  Evans, 
John  Leach,  Sampson  Bullard,  Samuel  Brown,  Stephen  Ambrose, 
Stephen  Harrington,  Samuel  Fletcher,  John  Rogers,  John  Green- 
ough,  William  Stickney,  Nathaniel  Abbot,  John  Odlin,  Gideon 
Morse,  Ebenezer  Eastman,  and  all  other  persons  who  may  hereafter 
become  members  of  said  Company  in  the  manner  herein  prescribed, 
be,  and  they  hereby  are  incorporated  and  made  a  body  politick  by 
the  name  of  the  New-Hampshire  Mutual  Fire-Insur-ance  Company, 
for  the  purpose  of  insuring  their  respective  dwelling-houses,  stores, 
shops,  and  other  buildings,  household  furniture  and  merchandize 


LAWS   OF   NEW   HAMPSHIRE  433 

against  loss  or  damage  by  fire,  whether  the  same  shall  happen  by 
accident,  lightning,  or  by  any  other  means,  excepting  that  of  design 
in  the  assured,  or  by  the  invasion  of  an  enemy,  or  insurrection  of 
the  citizens  of  this,  or  of  any  of  the  United  States;  and  by  that 
name  may  sue  and  be  sued,  plead  and  be  impleaded,  appear,  prose- 
cute and  defend  in  any  court  of  record,  or  other  place  whatever, 
may  have  and  use  a  common  seal ;  may  purchase  and  hold  such  real 
and  personal  estate  as  may  be  necessary  to  effect  the  objects  of 
their  association,  and  the  same  may  sell  and  convey  at  pleasure; 
may  make,  establish  and  put  in  execution  such  by-laws,  ordinances 
and  resolutions,  not  being  contrary  to  the  laws  of  the  State,  as  may 
seem  necessary  or  convenient  for  their  regulation  and  government, 
and  for  the  management  of  their  affairs;  and  may  do  and  execute 
all  such  acts  and  things  as  may  be  necessary  to  carry  into  full 
effect  the  purposes  intended  by  this  grant. 

Sec.  2.  And  be  it  further  enacted,  That  all  and  every  person 
and  persons  who  shall  at  any  time  become  interested  in  said  Com- 
pany by  insuring  therein,  and  also,  their  respective  heirs,  executors, 
administrators  and  assigns,  continuing  to  be  insured  therein  as  here- 
inafter prescribed,  shall  be  deemed  and  taken  to  be  members 
thereof  for  and  during  the  terms  specified  in  their  respective  poli- 
cies and  no  longer,  and  shall  at  all  times  be  concluded  and  bound 
by  the  provisions  of  this  act. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall  be  a  meet- 
ing of  said  Company  at  Concord  in  the  county  of  Merrimack  on  the 
third  Wednesday  of  June,  annually,  or  on  such  other  day  as  the  said 
Company  may  hereafter  determine: — at  which  meeting  shall  be 
chosen  by  a.  major  vote  of  the  members  present  a  Board  of  Di- 
rectors, consisting  of  not  more  than  nine,  nor  less  than  five  mem- 
bers, who  shall  continue  in  office  until  others  shall  have  been  chosen 
and  accepted  the  trust  in  their  stead.  All  vacancies  happening  in 
said  Board  may  be  filled  by  the  remaining  members  until  the  next 
annual  meeting;  and  a  majority  of  th^  whole  number  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Special  meet- 
ings of  the  Comoanv  may  be  called  by  order  of  the  Directors,  or  in 
such  other  manner  as  the  by-laws  thereof  mav  have  prescribed. 

Sec.  4.  And  be  it  further  enacted.  That  the  Board  of  Directors 
shall  superintend  the  concerns  of  said  Comoanv,  and  shall  have  the 
management  of  the  funds  and  property  thereof,  and  of  all  matters 
and  things  thereunto  relating,  not  otherwise  provided  for  by  said 
Company.  Thev  shall  have  power  from  time  to  time  to  apooint  a 
Secretary,  Treasurer,  and  such  other  officers,  agents  and  assistants 
as  to  them  may  seem  n^cessarv.  and  prescribe  their  duties:  fix  their 
compensation;  take  such  securitv  from  them  as  thev  may  deem  nec- 
essary for  the  faithful  performance  of  th^ir  respective  duties.  anH 
mav  remove  them  at  pleasure:  They  shall  determine  the  rates  of 

28 


434  LAWS  OF   NEW  HAMPSHIRE 

insurance,  the  sum  to  be  insured  on  any  building,  not  exceeding 
three  fourths  of  its  value,  and  the  sum  to  be  deposited  for  the  in- 
surance thereof:  They  shall  order  and  direct  the  making  and  issuing 
of  all  policies  of  insurance,  the  providing  of  books,  stationary  and 
other  things  needful  for  the  office  of  said  Company,  and  for  carry- 
ing on  the  affairs  thereof;  and  may  draw  upon  the  Treasurer  for 
the  payment  of  all  losses  which  may  have  happened,  and  for  ex- 
penses incurred  in  transacting  the  concerns  of  said  Company:  They 
shall  elect  one  of  their  own  number  to  act  as  President,  and  may 
hold  their  meetings  monthly,  and  oftener  if  necessary,  for  transact- 
ing the  business  of  the  Company,  and  shall  keep  a  record  of  their 
proceedings;  and  any  Director  disagreeing  with  a  majority  of  the 
Board  at  any  meeting  may  enter  his  dissent  with  his  reasons  therefor 
on  record. 

Sec.  5.  And  be  it  further  enacted,  That  every  person  who  shall 
become  a  member  of  said  Company  by  effecting  insurance  therein, 
shall,  before  he  receives  his  policy,  deposit  his  promissory  note  for 
such  sum  of  money  as  shall  be  determined  by  the  Directors,  a  part 
not  exceeding  five  per  cent  of  which  said  note  shall  be  immediately 
paid  for  the  purpose  of  discharging  the  incidental  expenses  of  the 
institution,  and  the  remainder  of  said  deposite  note  shall  be  payable 
in  part,  or  the  whole,  at  any  time  when  the  Directors  shall  deem  the 
same  requisite  for  the  payment  of  losses,  or  other  expenses,  and  at 
the  expiration  of  the  term  of  insurance,  the  said  note,  or  such  part 
of  the  same  as  shall  remain  unpaid,  after  deducting  all  losses  and 
expenses  occuring  during  said  term,  shall  be  relinquished  and  given 
up  to  the  signer  thereof. 

Sec.  6.  And  be  it  further  enacted,  That  every  member  of  said 
Company  shall  be  and  hereby  is  bound  and  obliged  to  pay  his  pro- 
portion of  all  losses  and  expenses  happening  or  accruing  in  and  to 
said  Company,  and  all  buildings  insured  by  and  with  said  Company, 
together  with  the  right,  title  and  interest  of  the  assured  to  the  lands 
on  which  they  stand  shall  be  pledged  to  said  Company,  and  the  said 
Company  shall  have  a  lien  thereon  against  the  assured,  during  the 
continuance  of  his,  her  or  their  policies. 

Sec.  7.  And  be  it  further  enacted,  That  in  case  of  any  less  or 
damage  by  fire  happening  to  any  member  upon  property  insured  in 
and  with  said  Company,  the  said  member  shall  give  notice  thereof 
in  writing  to  the  Directors,  or  some  one  of  them,  or  to  the  Secretary 
of  said  Company  within  thirty  days  from  the  time  such  loss  or 
damage  may  have  happened;  and  the  Directors  upon  a.  view  of  the 
same,  or  in  such  other  way  as  they  may  deem  proper,  shall  ascertain 
and  determine  the  amount  of  said  loss  or  damage;  and  if  the  party 
suffering  is  not  satisfied  with  the  determination  of  the  Directors, 
the  question  may  be  submitted  to  referees,  or  the  said  party  may 
bring  an  action  against  said  Company  for  said  less  or  damage  at  the 
next  Court  to  be  holden  in  and  for  the  county  of  Merrimack  and 


LAWS   OF   NEW   HAMPSHIRE  435 

not  afterwards,  unless  said  Court  shall  be  holden  within  sixty  days 
after  said  determination;  but  if  holden  within  that  time,  then  at  the 
next  Court  holden  in  said  county  thereafter;  and  if  upon  trial  of 
said  action  a  greater  sum  shall  be  recovered  than  the  amount  de- 
termined upon  by  the  Directors,  the  party  suffering  shall  have 
judgment  therefor  against  said  Company  with  interest  thereon  from 
the  time  said  loss  or  damage  happened,  and  costs  of  suit;  but  if  no 
more  shall  be  recovered  than  the  amount  aforesaid,  the  said  party 
shall  become  nonsuit,  and  the  said  Company  shall  recover  their 
costs:  provided  however,  that  the  judgment  last  mentioned  shall 
in  no  wise  affect  the  claim  of  said  suffering  party  to  the  amount  of 
loss  or  damage  as  determined  by  the  Directors  aforesaid:  and  pro- 
vided also,  that  execution  shall  not  issue  on  any  judgment  against 
said  Company  until  after  the  expiration  of  three  months  from  the 
rendition  thereof. 

Sec.  8.  And  be  it  further  enacted,  That  the  Directors  shall,  after 
receiving  notice  of  any  loss  or  damage  by  fire,  sustained  by  any 
member,  and  ascertaining  the  same;  or,  after  the  rendition  of  any 
judgment  as  aforesaid  against  said  Company  for  such  loss  or  dam- 
age, settle  and  determine  the  sums  to  be  paid  by  the  several  mem- 
bers thereof  as  their  respective  proportions  of  such  loss,  and  publish 
the  same  in  such  manner  as  they  shall  see  fit,  or  as  the  by-laws 
shall  have  prescribed ;  and  the  sum  to  be  paid  by  each  member  shall 
always  be  in  proportion  to  the  original  amount  of  his  deposit  note 
or  notes,  and  shall  be  paid  to  the  Treasurer  within  thirty  days  next 
after  the  publication  of  said  notice.  And  if  any  member  shall,  for 
the  space  of  thirty  days  after  such  notice,  neglect  or  refuse  to  pay 
the  sum  assessed  upon  him,  her  or  them,  as  his,  her  or  their  propor- 
tion of  any  loss  as  aforesaid,  in  such  case  the  Directors  may  sue  for 
and  recover  the  whole  amount  of  his,  her  or  their  deposite  note  or 
notes,  with  costs  of  suit;  and  the  money  thus  collected  shall  re- 
main in  the  treasury  of  said  Company,  subject  to  the  payment  of 
such  losses  and  expenses  as  have,  or  may  thereafter  accrue,  and  the 
balance,  if  any  remain  shall  be  returned  to  the  party  from  whom 
it  was  collected  on  demand  after  thirty  days  from  the  expiration  of 
the  time  for  which  insurance  was  made. 

Sec.  9.  And  be  it  further  enacted,  That  if  it  ever  shall  so  hap- 
pen, that  the  whole  amount  of  deposite  notes  should  be  insufficient 
to  pay.  the  loss  occasioned  by  any  one  fire,  in  such  case,  the  suffer- 
ers insured  by  said  Company  shall  receive  towards  making  good 
their  respective  losses  a  proportionate  dividend  of  the  whole  amount 
of  said  notes  according  to  the  sums  by  them  respectively  insured, 
and  in  addition  thereto  a  sum  to  be  assessed  on  all  the  members 
of  said  Company  not  exceeding  fifty  cents  on  every  hundred  dollars 
by  them  respectively  insured;  and  the  said  members  shall  never  be 
required  to  pay  for  any  loss  occasioned  bv  fire  at  any  one  time  more 
than  fifty  cents  on  each  hundred  dollars  insured  in  said  Company  in 


436  LAWS   OF   NEW  HAMPSHIRE 

addition  to  the  amount  of  his  deposite  note,  nor  more  than  that 
amount  for  any  such  loss  after  his  said  note  shall  have  been  paid  in 
and  expended;  but  any  member,  upon  payment  of  the  whole  of  his 
deposite  note  and  surrendering  his  policy,  before  any  subsequent 
loss  or  expense  has  accrued,  may  be  discharged  from  said  Company. 

Sec.  10.  And  be  it  further  enacted,  That  the  said  Company 
may  make  insurance  for  any  term  not  exceeding  ten  years ;  and  any 
policy  of  insurance,  issued  by  said  Company,  signed  by  the  Presi- 
dent and  countersigned  by  the  Secretary,  shall  be  deemed  valid  and 
binding  on  said  Company  in  all  cases  where  the  assured  has  a  title 
in  fee  simple,  unincumbered,  to  the  building  or  buildings  insured, 
and  to  the  land  covered  by  the  same;  but  if  the  assured  have  a  less 
estate  therein,  or  if  the  premises  be  incumbered,  the  policy  shall  be 
void  unless  the  true  title  of  the  assured,  and  the  incumbrances  on 
the  premises  be  expressed  therein 

Sec.  ii.  And  be  it  further  enacted,  That  the  Directors  shall 
settle  and  pay  all  losses  within  three  months  after  they  shall  have 
been  notified  as  aforesaid,  unless  they  shall  judge  it  proper  within 
that  time  .to  rebuild  the  house  or  houses  destroyed,  or  repair  the 
damages  sustained,  which  they  are  hereby  empowered  to  do  in  con- 
venient time;  provided  they  do  not  lay  out  and  expend  in  such 
building  or  repairs  more  than  the  sum  insured  on  the  premises;  but 
no  allowance  is  to  be  made  in  estimating  damages  in  any  case  for 
gilding,  historical  or  landscape  painting,  stucco  or  carved  work,  nor 
are  the  same  to  be  replaced  if  destroyed  by  fire. 

Sec.  12.  And  be  it  further  enacted,  That  when  any  house  or 
other  building  shall  be  alienated  by  sale  or  otherwise,  the  policy 
shall  thereupon  be  void,  and  be  surrendered  to  the  Directors  of  said 
Company  to  be  cancelled;  and  upon  such  surrender  the  assured  shall 
be  entitled  to  receive  his,  her  or  their  deposite  notes,  upon  the  pay- 
ment of  his,  her  or  their  proportion  of  all  losses  and  expenses  that 
have  accrued  prior  to  such  surrender  Provided  however,  that  the 
grantee  or  alienee,  having  the  policy  assigned  to  him,  may  have 
the  same  ratified  and  confirmed  to  him,  her  or  them,  for  his,  her 
or  their  own  proper  use  and  benefit  upon  application  to  the  Di- 
rectors, and  with  their  consent,  within  thirty  days  next  after  such 
alienation,  on  giving  proper  security  to  the  satisfaction  of  said 
Directors  for  such  portion  of  the  deposite  or  premium  notes  as  shall 
remain  unpaid,  and  by  such  ratification  and  confirmation  the  party 
causing  the  same  shall  be  entitled  to  all  the  rights  and  privileges, 
and  subject  to  all  the  liabilities  to  which  the  original  party  insured 
was  entitled  and  subjected  under  this  act. 

Sec.  13.  And  be  it  further.  That  if  any  alteration  shall  be  made 
in  any  house  or  building  by  the  proprietor  thereof  after  insurance 
has  been  made  thereon  by  said  Company,  whereby  it  may  be  ex- 
posed to  greater  risk  or  hazard  from  fire  than  it  was  at  the  time  it 
was  insured,  then  and  in  every  such  case  the  insurance  made  upon 


LAWS  OF   NEW  HAMPSHIRE  437 

such  house  cr  building  shall  be  void,  unless  an  additional  premium 
and  deposite  after  such  alterations,  be  settled  and  paid  to  the  Di- 
rectors; but  no  alterations  or  repairs  in  buildings,  not  increasing 
such  risk  or  hazard,  shall  in  any  wise  affect  the  insurance  previously 
made  thereon. 

Sec.  14.  And  be  it  further  enacted,  That  in  case  any  building 
or  buildings,  situated  upon  leased  lands,  and  insured  by  said  Com- 
pany, be  destroyed  by  fire,  and  the  owner  or  owners  thereof  shall 
prefer  to  receive  the  amount  of  such  loss  in  money,  in  such  case  the 
Directors  may  retain  the  amount  of  the  premium  note  given  for  the 
insurance  therof  until  the  time  for  which  insurance  was  made  shall 
have  expired;  and  at  the  expiration  thereof  the  assured  shall  have 
the  right  to  demand  and  receive  such  part  of  said  retained  sum  or 
sums  as  has  not  been  expended  in  losses  and  assessments. 

Sec.  15.  And  be  it  further  enacted,  That  if  insurance  on  any 
house  or  building  shall  be  and  subsist  in  said  Company,  and  in  any 
other  office,  or  from  and  by  any  other  person  or  persons,  at  the 
same  time,  the  insurance  made  in  and  by  said  Company  shall  be 
deemed  and  become  void,  unless  such  double  insurance  subsist  with 
the  consent  of  the  Directors  signified  by  endorsement  on  the  back 
of  the  policy  signed  by  the  President  and  Secretary. 

Sec.  16.  And  be  it  further  enacted,  That  the  said  William  A. 
Kent,  Timothy  Chandler  and  Samuel  Fletcher  or  either  two  of  them 
may  call  the  first  meeting  of  the  members  of  said  Company  at  any 
suitable  time  and  place  in  Concord  aforesaid  by  advertisement  in 
either  of  the  newspapers  printed  in  said  town,  giving  at  least  ten 
days'  notice  of  the  time,  place  and  design  of  said  meeting,  for  the 
purpose  of  choosing  the  first  Board  of  Directors,  of  making  and  es- 
tablishing by-laws,  and  of  transacting  any  business  necessary  and 
proper  to  carry  into  effect  the  provisions  and  intentions  of  this  act. 
Provided  however,  that  no  Policy  shall  be  issued  by  said  Company 
until  application  shall  be  made  for  insurance  on  fifty  thousand  dol- 
lars at  least. 


43§  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  48.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  an  act  defining  the 
Jurisdiction,  powers  and  duties  of  a  Judge  of  Probate  and 
the  duties  exemptions  and  liabilities  of  executors  admin- 
ISTRATORS and  Guardians  in  certain  cases. 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  48;  recorded  Acts, 
vol.  23,  p.  102.  Session  Laws,  1825,  Chap.  48.  Laws,  1830  ed.,  p.  349.  See 
acts  of  June  21,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  902;  December  2, 
1820,  id.,  p.  923;  July  2,  1822,  ante,  p.  no;  July  3,  1822,  ante,  p.  155;  June 
30,  1826,  post;  January  2,  1829,  post,  and  June  29,  1829,  Session  Laws,  1829, 
Chap.  26.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes 
(1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  the  Judges  of  Probate  in  the 
several  counties  in  this  State  be  and  hereby  are  authorized  and 
empowered  upon  the  application  of  any  Guardian  appointed  by  the 
laws  of  another  state,  whose  ward  may  own  lands  within  this  State, 
to  the  Judge  of  Probate  for  the  County  wherein  such  lands  may  be 
situated  upon  his  furnishing  to  said  Judge  satisfactory  evidence  of 
his  being  Guardian  as  aforesaid,  to  grant  to  such  Guardian  License 
to  sell  and  convey  the  same  in  the  same  way  and  manner,  as  it  may 
now  by  law  be  granted  to  guardians  appointed  by  the  laws  of  this 
State.  The  said  Guardian  being  under  oath  to  conduct  such  sale 
with  fidelity  and  giving  bond  with  sufficient  surities  to  account  for 
the  proceeds  of  such  sale,  which  bond  shall  be  in  the  form  required 
of  Guardians  in  other  cases,  as  is  provided  in  the  Act  to  which  this 
is  in  addition. 

Sec  2  And  be  it  further  enacted;  that  said  Judges  of  Probate, 
upon  application  by  the  Executor  or  Administrator  on  the  estate  of 
any  person  deceased,  may  authorize  and  empower  said  Executor  or 
Administrator  to  compound  and  discharge  any  debts  or  demands 
due  the  estate  of  such  person  deceased,  in  case  of  the  insolvency  of 
any  such  debtor,  on  receiving  such  sum  as  said  Executor  or  Admin- 
istrator shall  deem  proper  or  as  said  Judge  of  Probate  may  direct; 
and  said  Executor  or  Administrator  for  any  debts  or  demands,  he 
may  so  compromise  and  discharge  shall  not  be  held  accountable  on 
settlement  of  his  administration  account,  beyond  the  amount  he 
shall  have  received  on  such  debts  or  demands. 


LAWS   OF   NEW  HAMPSHIRE  439 

[CHAPTER  49.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Dover  Fire  and  Marine  Insurance 
Company. 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  49;  recorded  Acts, 
vol.  23,  p.   104.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Daniel  M.  Durell, 
Jacob  M.  Currier,  Robert  Rogers,  and  their  associates,  successors 
and  assigns,  be,  and  they  hereby  are  incorporated  and  made  a  body 
politic  by  the  name  of  the  Dover  Fire  and  Marine  Insurance  Com- 
pany, and  so  to  continue  for  and  during  the  term  of  twenty  years 
from  the  passing  of  this  act  and  no  longer;  and  by  that  name  may 
sue  and  be  sued,  plead  and  be  impleaded,  appear,  prosecute  and 
defend  to  final  judgment  and  execution;  and  may  have  a  common 
seal,  which  they  may  alter  at  pleasure;  and  may  purchase  and  hold, 
sell  and  convey  any  estate  real  or  personal  for  the  use  of  said  Com- 
pany, subject  to  the  limitations  and  restrictions  herein  after  men- 
tioned. 

Sec.  2.  And  be  it  further  enacted,  That  the  capital  stock  of  said 
Company  shall  be  two  hundred  thousand  dollars,  exclusive  of  pre- 
miums, notes  or  profits  arising  from  the  business  of  said  Company, 
and  shall  be  divided  into  two  thousand  shares. 

Sec.  3.  And  be  it  further  enacted.  That  the  stock,  property, 
affairs  and  concerns  of  said  Company  shall  be  managed  and  con- 
ducted by  seven  Directors,  one  of  whom  shall  act  as  President,  who 
shall  hold  their  offices  one  year,  and  until  a  new  choice  be  made, 
and  who  shall  at  the  time  of  their  election  be  stockholders  in  said 
Company,  and  be  elected  on  the  first  Monday  of  May,  annually,  at 
such  time  of  the  day,  and  at  such  place  in  the  town  of  Dover  as  the 
Directors  for  the  time  being  shall  appoint,  by  a  majority  of  the 
votes  of  the  stockholders  present,  allowing  one  vote  to  each  share; 
of  which  election  public  notice  shall  be  given  in  some  newspaper 
printed  in  said  Dover;  and  the  stockholders  not  present  at  any 
meeting  may  vote  by  proxy  under  such  regulations  as  the  Companv 
shall  have  prescribed.  And  if  by  reason  of  any  unavoidable  acci- 
dent, the  Directors  shall  not  be  appointed  on  the  first  Monday  of 
May  in  any  year,  it  shall  be  lawful  to  choose  them  on  any  other  day 
in  manner  herein  prescribed. 

Sec.  4.  And  be  it  further  enacted,  That  the  Directors  so  chosen 
shall  meet  as  soon  as  may  be  after  any  election,  and  shall  choose 
one  of  their  own  number  for  President,  who  shall  preside  for  one 
year,  and  who  shall  be  sworn  faithfully  to  discharge  the  duties  of 


440  LAWS   OF   NEW  HAMPSHIRE 

his  office;  and  in  case  of  the  death  or  resignation  of  the  President, 
or  any  Director,  or  of  his  or  their  inability  to  serve,  such  vacancy 
shali  be  filled  up  for  the  remainder  of  the  year  in  which  it  may  hap- 
pen by  a  special  election  for  that  purpose  to  be  holden  in  the  same 
manner  as  herein  before  directed  respecting  the  annual  election 
Directors  and  President. 

Sec.  5.  And  be  it  further  enacted,  That  the  President  and  three 
of  the  Directors,  or  four  Directors  in  the  absence  of  the  President, 
shali  be  a  Board  competent  to  the  transaction  of  business;  and  all 
questions  before  them  shall  be  decided  by  a  majority  of  votes.  And 
they  shall  have  power  to  make  and  prescribe  such  by-laws,  rules 
and  regulations  as  to  them  shall  appear  needful  and  proper  touch- 
ing the  management  and  disposition  of  the  stock,  property  and  ef- 
fects of  said  Company,  and  the  transfer  of  shares,  and  touching  the 
duty  and  conduct  of  the  several  officers,  clerks  and  servants  em- 
ployed, and  the  election  of  Directors,  and  all  such  matters  as  apper- 
tain to  the  business  of  Insurance;  and  shall  also,  have  the  power  to 
appoint  a  Secretary,  and  so  many  clerks  and  servants  for  carrying 
on  the  said  business  of  Insurance,  and  with  such  salaries  and  allow- 
ances to  them  and  the  President  as  to  the  said  Board  may  seem 
meet:  Provided  that  such  by-laws,  rules  and  regulations  be  not 
repugnant  to  the  laws  of  this  State. 

Sec.  6.  And  be  it  further  enacted,  That  there  shall  be  a  stated 
meeting  of  the  Directors,  at  least  once  in  every  month,  and  as  often 
within  each  month  as  the  President  and  Board  of  Directors  shall 
deem  proper,  and  the  President  and  a  Committee  of  two  Directors, 
to  be  by  him  appointed  in  rotation,  shall  assemble  daily,  if  need  be, 
for  dispatch  of  business;  and  the  said  Board  of  Directors,  and  the 
Committee  aforesaid,  at  and  during  the  pleasure  of  said  Board 
shall  have  power  and  authority  on  behalf  of  the  Company  to  make 
Insurance  upon  Vessels,  Goods,  Effects  and  Freight,  and  against 
Fire  upon  Houses,  Stores,  Goods,  Wares  and  Merchandize,  and 
against  Captivity  of  Persons,  and  on  the  Life  of  any  Person  or  Per- 
sons, and  in  case  of  Money  lent  on  Bottomry  and  Respondentia; 
and  to  fix  the  premiums  and  terms  of  payment;  and  all  Policies  of 
Insurance  by  them  made  shall  be  signed  by  the  President,  or  in  case 
of  his  death,  sickness,  inability  or  absence,  by  any  two  of  the  Di- 
rectors, and  countersigned  by  the  Secretary,  and  shall  be  binding 
and  obligatory  upon  the  Company,  and  have  the  like  effect  and  force 
as  if  under  the  seal  of  said  Company;  and  all  losses  duly  arising 
under  any  Policy  so  signed  may  be  adjusted  and  settled  by  the 
President  and  Board  of  Directors,  and  the  same  shall  be  binding  on 
said  Company. 

Sec.  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Directors  on  the  third  Monday  of  May  in  each  year  to  make 
dividends  of  so  much  of  the  interest  arising  from  the  capital  stock 
and  profits  of  said  Company  as  to  them  shall  appear  advisable;  but 


LAWS   OF   NEW   HAMPSHIRE  44 l 

the  monies  received  and  the  notes  taken  for  premiums  on  risks 
which  shall  be  undetermined  and  outstanding  at  the  time  of  making 
such  dividends  shall  not  be  considered  as  part  of  the  profits  of  the 
Company.  And  in  case  of  any  loss  or  losses  whereby  the  capital 
stock  of  said  Company  shall  be  lessened,  each  proprietor's  and 
stockholder's  estate  shall  be  held  accountable  for  the  deficiency  that 
may  be  due  from  his  share  or  shares  at  the  time  of  such  losses  taking 
place,  to  be  paid  into  the  said  Company  by  assessments,  or  such 
other  mode,  and  at  such  other  times  as  the  Directors  shall  order;  and 
after  such  loss  no  dividend  shall  be  made  until  a  sum  equal  to  such 
diminution  shall  have  been  added  to  the  capital  stock;  and  that 
once  in  every  three  years,  and  oftener  if  required  by  a  majority  of 
the  votes  of  the  stockholders,  the  Directors  shall  lay  before  the 
stockholders,  at  a  general  meeting,  an  exact  and  particular  state- 
ment of  the  profits  if  any  there  be  after  deducting  losses  and  divi- 
dends 

Sec.  8.  And  be  it  further  enacted,  That  the  said  Company  shall 
be  and  hereby  is  empowered  to  vest  the  capital  stock  of  said  Com- 
pany in  funded  debt  of  the  United  States,  or  in  Bank  stock,  loan  it 
on  promissory  notes,  or  bills  of  exchange,  and  mortgages  on  real 
estate,  in  either  or  all  of  them,  and  in  such  proportions  as  may  be 
most  for  the  interests  of  said  Company  at  the  discretion  of  the  Pres- 
ident and  Directors  of  said  Company,  or  of  such  other  person  or 
persons  as  said  stockholders  shall  for  such  purpose  at  every  meeting 
appoint. 

Sec.  9.  And  be  it  further  enacted,  That  the  capital  stock  of  said 
Company  shall  be  raised  by  assessments  on  the  shares  to  be  made  by 
the  President  and  Directors,  and  paid  by  instalments  at  such  times 
as  they  shall  prescribe;  and  for  neglect  of  payment  of  any  such  as- 
sessments the  delinquent  share  or  shares  may  be  sold  for  payment 
thereof,  and  the  residue  of  the  proceeds  of  such  sale  shall  be  paid 
to  the  owner  of  such  share  or  shares. 

Sec.  10.  And  be  it  further  enacted,  That  the  said  Company  may 
commence  business,  and  make  insurance  as  soon  as  a  sum  equal  to 
fifty  dollars  on  a  share  shall  be  assessed  and  actually  paid  in,  and 
not  before. 

Sec.  n.  And  be  it  further  enacted,  That  the  property  of  any 
member  of  said  Company,  vested  in  the  stock  of  said  Company, 
shall  be  liable  to  attachment,  and  to  the  payment  and  satisfaction 
of  his  just  debts  to  any  of  his  bona  fide  creditors,  in  manner  fol- 
lowing; that  is  to  say — In  addition  to  the  summons  bv  law  pre- 
scribed to  be  left  with  the  defendant,  a  like  summons  shall  be  left 
with  the  Secretary  of  said  Company,  and  the  debtor's  share  in  said 
Company's  funds,  together  with  the  interest  and  profits  due  or 
growing:  due  thereon,  or  as  much  thereof  as  shall  be  sufficient,  shall 
thereby  be  held  to  respond  the  iudsrnent  which  may  be  recovered  in 
said  suit  according  to  law;  and  all  transfers  of  the  debtor's  shares 


442  LAWS  OF   NEW  HAMPSHIRE 

which  are  not  noted  on  the  Company's  books  previous  to  the  de- 
livery of  such  summons  shall  be  barred  thereby;  and  execution  may 
be  levied  on  the  property  of  any  stockholder  in  said  Company,  and 
his  share  or  shares  therein  exposed  to  sale  in  the  same  manner  as  is 
by  law  prescribed  where  personal  estate  is  taken  in  execution;  and 
it  shall  be  the  duty  of  the  officer  who  extends  such  execution,  to 
leave  an  attested  copy  with  his  doings  thereon  with  the  Secretary  of 
said  Company;  and  the  purchaser  shall  thereupon  be  entitled  to  the 
said  debtor's  share  or  shares  in  said  stock,  and  the  reception  of  all 
dividends  and  profits  which  the  debtor  was  previously  entitled  to; 
and  upon  any  attachment  being  made,  or  execution  levied  on  any 
shares  in  said  Company,  it  shall  be  the  duty  of  the  Secretary  to  ex- 
pose the  books  of  said  Company  to  the  officer,  and  to  furnish  him 
with  a  certificate  under  his  hand  in  his  official  capacity,  stating  the 
number  of  shares  the  debtor  holds  in  said  Company,  and  the  amount 
of  the  dividends  thereupon  due.  . 

Sec.  12.  And  be  it  further  enacted,  That  in  case  any  loss  or 
losses  shall  take  place  which  shall  be  equal  to  the  amount  of  the 
capital  stock  of  said  Company,  and  the  President  and  Directors, 
after  knowing  such  loss  or  losses,  shall  subscribe  to  any  Policy  of 
Insurance,  their  estates  jointly  and  severally  shall  be  liable  and 
holden  for  the  amount  of  any  and  every  loss  that  shall  happen  under 
policies  thus  subscribed. 

Sec.  13.  And  be  it  further  enacted,  That  the  President  and  Di- 
rectors of  said  Company  shall,  previously  to  their  subscribing  to  any 
Policy,  and  once  in  every  year  afterwards,  publish  in  some  news- 
paper or  newspapers  printed  in  Dover,  the  amount  of  their  stock; 
against  what  risks  the  mean  to  insure,  and  the  largest  sums  they 
will  take  on  any  one  risk. 

Sec.  14.  And  be  it  further  enacted,  That  the  President  and 
Directors  of  said  Company  shall,  when  and  as  often  as  required  by 
the  Legislature  of  this  State,  lay  before  said  Legislature  a  statement 
of  the  affairs  of  said  Company,  and  submit  to  an  examination  con- 
cerning the  same  under  oath. 

Sec.  15.  And  be  it  further  enacted,  That  subscriptions  for 
shares  in  the  stock  of  said  Company  shall  be  made  under  the  direc- 
tion of  the  said  Daniel  M.  Durell,  Jacob  M.  Currier,  and  Robert 
Rogers,  or  any  two  of  them,  and  as  soon  as  subscriptions  shall  be 
made  for  eight  hundred  shares  or  more,  the  said  Daniel  M.  Durell, 
Jacob  M.  Currier  and  Robert  Rogers,  or  any  two  of  them,  may 
notify  a  meeting  of  the  subscribers  at  some  place  in  Dover  by  ad- 
vertising the  same  two  weeks  successively  in  some  newspaper 
printed  in  said  Dover;  at  which  meeting  the  said  subscribers  may 
by  ballot,  having  reference  to  the  number  of  shares  by  each  re- 
spectively subscribed,  elect  their  first  Board  of  Directors,  who  shall 
continue  in  office  until  the  next  annual  meeting,  and  until  others 
shall  be  chosen  in  their  stead. 


LAWS   OF   NEW   HAMPSHIRE  443 

[CHAPTER  50.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to,  and  in  amendment  of  An  Act,  entitled 
"an  act  more  effectually  to  secure  to  the  citizens  of  this 
State  their  rights  of  suffrage"  approved  June  23,  1813. 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  50;  recorded  Acts, 
vol.  23,  p.  no.  Session  Laws,  1825,  Chap.  50.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  8,  p.  247.  See  also  acts  of  June 
14,  1799,  id.,  vol.  6,  p.  568;  December  21,  1808,  id.,  vol.  7,  p.  737;  June  28, 
1809,  id.,  p.  841;  June  24,  1814,  id.,  vol.  8,  p.  358;  June  23,  1815,  id.,  p.  416, 
and  June  26,  1827,  post.     Repealed  by  act  of  June  29,  1827,  post.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  that  from  and  after  the  passing  of  this 
act,  it  shall  be  the  duty  of  the  several  town-clerks  in  this  State,  in 
making  out  the  certificates  of  the  election  of  the  Representatives 
of  their  respective  towns,  to  certify  in  such  certificate  that  the  check 
list  was  posted  up  and  used  during  the  balloting  on  which  they  were 
chosen  and  also,  to  certify  the  number  of  voters  which  said  list  con- 
tained as  certified  by  the  Selectmen. 


[CHAPTER  51.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  to  prevent  the  disturbance  of  Religious  Meetings 

[Approved  July  1,  1825.  Original  Acts,  vol.  29,  p.  51;  recorded  Acts, 
vol.  23,  p.  in.  Session  Laws,  1825,  Chap.  51.  Laws,  1830  ed.,  p.  379.  See 
also  acts  of  July  3,  1838,  Session  Laws,  1838,  Chap.  382,  and  June  23,  1842, 
id.,  June.  1842,  Charj.  667.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes    (1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  no  person  or  persons  shall 
keep  any  shop  tent,  booth,  waggon  or  other  carriage  for  the  sale  of 
spirituous  or  ether  lequors  within  the  distance  of  two  miles  from 
any  public  assembly  convened  for  religious  worship. 

Provided  nevertheless  that  nothing  herein  contained  shall  prevent 
the  sale  of  spirituous  or  ether  liquors,  at  any  training  or  other 
public  meeting  called  bv  lawful  authority,  or  on  any  fourth  of 
July  or  ether  public  aniversary,  or  at  his  or  their  own  store  or 
dwelling  house  by  any  person  or  persons  who  shall  be  licenced  ac- 
cording "to  law  to  retail  spirituous  liquors. 

Sec  2  And  be  it  further  enacted;  that  if  any  person  or  persons 
shall  be  guilty  of  a  violation  of  this  act  he  or  they  shall  firt  be 


444  LAWS  OF   NEW   HAMPSHIRE 

informed  of  his  or  their  violation  thereof  and  shall  be  warned  by  any 
Justice  of  the  Peace,  Constable  or  two  freeholders  of  the  County 
where  the  offence  is  or  shall  be  committed  to  desist  from  such  offence 
and  if  such  person  or  persons  on  receiving  such  information  and 
warning  shall  forthwith  cease  to  sell,  give  away  or  dispose  of  in  any 
way  or  manner  such  spirituous  or  other  liquors  or  shall  remove  at 
least  two  miles  from  the  place  of  such  religious  worship  then  no 
further  proceedings  under  this  act  shall  be  had  against  him  or  them 
but  if  such  person  or  persons  shall  refuse  or  neglect  to  remove  imme- 
diately or  cease  to  sell  such  spirituous  or  other  liquors,  prohibited  in 
this  act  he  or  they  on  conviction  thereof  on  complaint  before  any 
Justice  of  the  Peace  shall  forfeit  and  pay  a  fine  not  exceeding  ten 
Dollars  nor  less  than  two  Dollars 

Sec  3  And  be  it  further  enacted;  that  if  any  person  or  persons 
shall  wilfully  interrupt  or  disturb  any  meeting  assembled  for  the 
purpose  of  religious  worship  by  making  a  noise  or  by  rude  or  in- 
decent behaviour  or  by  exhibiting  any  shows  or  plays  or  by  pro- 
moting or  aiding  any  horse-racing  or  gameing  of  any  description 
so  as  to  interrupt  or  disturb  the  order  of  said  meeting,  he  or  they 
on  conviction  thereof  before  any  Justice  of  the  Peace  shall  pay  a 
fine  not  exceeding  Ten  Dollars  nor  less  than  one  Dollar.  All  fines 
and  penalties  accruing  by  this  act  to  be  for  the  benefit  and  relief 
of  the  poor  of  such  town  or  place  where  the  offence  is  committed 
and  delivered  into  the  hands  of  the  Selectmen  or  overseers  of  the. 
poor  for  that  purpose. 


[CHAPTER  52.] 

State  of  } 

New  Hampshire.  \ 

An  act  in  addition  to  an  act  entitled  "an  act  subjecting 
lands  and  tenements  to  the  payment  of  debts,  and  direct- 
ing the  mode  of  levying  executions  on  real  and  personal 

ESTATE." 

[Approved  July  i,  1825.  Original  Acts,  vol.  29,  p.  52;  recorded  Acts, 
vol.  23,  p.  112.  Session  Laws,  1825,  Chap.  52.  The  act  referred  to  is  prob- 
ably dated  February  15,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  701.  See 
also  acts  of  December  22,  1808,  id.,  vol.  7,  p.  771;  November  5,  1813,  id., 
vol.  8.  p.  274,  and  June  2?,  1816,  id.,  p.  485.  Repealed  by  act  of  July  4, 
1829,  Session  Laws,  1829,  Chap.  62.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  when  any  execution  shall  be  levied 
or  extended  upon  real  or  personal  estate,  and  after  levying,  or  ex- 
tending the  same,  it  shall  appear  that  such  estate,  or  some  part 
thereof,  did  not,  at  the  time  such  execution  was  levied  or  extended 


LAWS  OF   NEW   HAMPSHIRE  445 

as  aforesaid,  belong  to  the  execution  debtor;  then  and  in  every  such 
case  the  creditor,  his  executors  or  administrators  may  commence 
and  sustain  an  action  of  debt,  upon  the  judgment  on  which  such 
execution  issued,  against  the  debtor,  his  executors,  or  administra- 
tors. And  if  upon  the  trial  of  such  action,  it  shall  appear  that  such 
estate  or  some  part  thereof  did  not,  at  the  time  of  such  levy  or  ex- 
tent, belong  to  the  execution  debtor,  the  plaintiff  may  recover  the 
amount  then  equitably  due  and  unsatisfied.  And  the  Court  or  Jus- 
tice before  whom  such  action  shall  be  tried  may  add  to  the  taxable 
costs  all  or  any  part  of  the  charges  of  levying  such  execution.  And 
in  case  the  plaintiff  shall  not  prevail  in  such  action,  the  court  or 
Justice,  before  whom  the  same  shall  be  tried,  may  allow  the  defend- 
ent  such  Costs  as  said  Court  or  Justice  may  deem  just  and  proper — 

And  be  it  further  enacted — That  if  any  execution  shall  be  levied 
or  extended  on  real  or  personal  estate  not  belonging  to  the  execution 
debtor;  and  such  debtor  shall  die  before  any  action  shall  be  brought 
and  recovery  had  in  the  manner  provided  in  the  first  section  of  this 
act,  and  his  or  her  estate  be  represented  insolent,  the  execution 
creditor,  his  executors  or  administrators  may  exhibit  such  demand  to 
the  Commissioners  on  the  estate  of  such  execution  debtor,  and  the 
Commissioners  shall  examine  such  demand  and  allow  or  reject  the 
same  as  justice  may  require — And  an  appeal  from  the  determination 
of  said  Commissioners  may  be  had  as  in  other  cases — 

And  be  it  further  enacted,  That  whenever  an  execution  shall  be 
wholly  satisfied  or  satisfied  in  part  by  levying  the  same  on  personal 
property  not  belonging  to  the  execution  debtor  at  the  time  of  such 
levy,  no  action  shall  be  sustained  upon  the  judgment  whereon  such 
execution  issued,  to  recover  what  may  be  equitably  due  by  reason  of 
the  property  so  levyed,  not  belonging  to  the  execution-  debtor  as 
aforesaid,  unless  such  action  shall  be  commenced  and  prosecuted 
within  six  years  next  after  such  levy — 

[CHAPTER  53.] 

State  of  } 

New  Hampshire.  ) 

An  act  prescribing  the  mode  of  assessing  taxes  on  manufac- 
tories. 

[Approved  July  i,  1825.  Original  Acts,  vol.  20,  p.  53;  recorded  Acts, 
vol.  23,  p.  114.  Session  Laws,  1825,  Chap.  53.  Repealed  by  act  of  July  7, 
1827,  post.'] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  ratable  estate  be- 
longing to  any  manufacturing  corporation  or  company  in  this  State 


446  LAWS   OF   NEW   HAMPSHIRE 

shall  hereafter  be  taxed  to  such  corporation  or  company,  by  its  cor- 
porate name,  and  in  the  town  or  place  wherein  said  ratable  estate 
is  situated;  and  the  personal  estate  of  such  corporation  or  company 
shall  be  held  subject  and  liable  to  distraint  and  sale  for  the  payment 
of  all  taxes,  which  may  be  on  such  corporation  or  company  assessed, 
in  the  same  way  and  manner  as  the  personal  estate  of  individual 
persons  is  now  by  law  liable;  and  it  shall  be  the  duty  of  any  col- 
lector having  a  tax  or  taxes  committed  to  him  for  collection  against 
any  such  corporation  or  company  fourteen  days  before  he  make 
distress  therefor,  to  give  to  the  agent,  clerk,  treasurer,  or  to  one  of 
the  directors  of  such  manufacturing  corporation  or  company,  a  no- 
tice in  writing  stating  the  sum  or  sums  at  which  they  are  assessed. 

Section  2.  And  be  it  further  enacted, — That  hereafter  in  assess- 
ing public  taxes  on  any  manufacturing  company  or  corporation  in 
this  State,  all  raw  materials,  intended  for  manufacture,  and  all  man- 
ufactures belonging  to  such  corporation  or  company  shall  be  esti- 
mated and  taxed  as  stock  in  trade;  all  factory  buildings  and  work 
shops,  with  the  machinery  thereunto  appertaining,  and  all  other 
buildings  belonging  to  and  owned  by  any  such  corporation  or  com- 
pany, shall  be  estimated  and  taxed  as  buildings;  and  the  stock  in 
trade  buildings,  and  all  other  ratable  estate  of  such  corporation  or 
company,  shall  hereafter  be  valued  and  taxed  at  the  same  rate  as 
the  same  kinds  of  ratable  estate,  owned  by  individual  persons,  are 
by  law  valued  and  taxed:  Provided  that  no  factory  building  or 
machinery  shall  be  liable  to  taxation,  until  the  same  shall  be  in  a 
situation  to  be  put  into  operation. 

Section  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  clerk,  agent,  or  directors  of  any  manufacturing  company  or 
corporation  in  this  State  annually  to  exhibit  to  the  selectmen  of  the 
town  wherein  such  manufacturing  establishment  is  situated,  a  true 
and  just  account  of  all  the  ratable  estate,  of  which  such  company  or 
corporation  shall  be  possessed  on  the  first  day  of  April  in  each  year. 
And  in  case  any  such  clerk,  agent,  or  directors  shall  neglect,  after 
being  duly  notified,  or  shall  refuse,  when  called  upon  in  person,  by 
any  of  the  selectmen  of  such  town,  to  give  a  true  account,  on  oath, 
if  required,  of  the  ratable  estate  of  such  manufacturing  company  or 
corporation,  which  oath  any  selectman  is  hereby  empowered  to  ad- 
minister; or  in  case  such  clerk,  agent  or  directors,  in  giving  an  ac- 
count of  the  ratable  estate  of  such  company  or  corporation,  shall 
not  give  in  the  whole  thereof  so  ratable,  but  shall  fraudulently  con- 
ceal some  part  thereof  from  the  knowledge  of  such  selectmen,  they 
may,  for  such  neglect  or  refusal,  doom,  or  for  such  fraudulent  con- 
cealment, assess  such  company  or  corporation  in  the  same  way  and 
manner,  and  at  the  same  rate,  as  they  may  bv  law  doom  and  assess 
an  individual  person  for  such  neglect  or  refusal,  and  for  such  fraud- 
ulent concealment  of  a  part  of  his  ratable  estate. 


LAWS  OF   NEW   HAMPSHIRE  447 

Section  4.  And  be  it  further  enacted,  That  where  any  manu- 
factory, shall  be  owned  by  any  individual  or  individuals  not  incor- 
porated, the  same  shall  be  taxed  to  the  owner  or  owners  in  the  town 
where  the  said  factory  is  situated,  at  the  same  rates  as  are  pre- 
scribed in  this  act  for  assessing  manufacturing  corporations. 


[CHAPTER  54.] 


State  of  \ 

New  Hampshire.  \ 


An  act  to  incorporate  the  Merrimack  County  Mutual  Fire 
Insurance  Company 

[Approved  July   1,    1825.     Original   Acts,  vol.   29,   p.    54;    recorded   Acts, 
vol.  23,  p.  117.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Joseph  Low,  Isaac  Hill,  Wil- 
liam Whittemore,  Joshua  Darling,  Henry  B.  Chase,  Samuel  Aiken, 
Jacob  B.  Moore,  Samuel  Morril,  William  Pickering  John  George, 
Richard  H.  Ayer,  and  all  other  persons  who  may  hereafter  become 
members  of  said  company  in  the  manner  herein  prescribed  be  and 
they  hereby  are  incorporated  and  made  a  body  politick  by  the  name 
oi  the  Merrimack  County  Mutual  Fire  Insurance  Company,  for  the 
purpose  of  insuring  their  respective  dwelling  houses  and  other  build- 
ings with  their  contents,  against  loss  or  damage  by  fire,  whether  the 
same  shall  happen  by  accident,  lightning,  or  by  any  other  means, 
excepting  that  of  design  in  the  assured,  or  by  invasion  of  an  enemy, 
or  insurrection  of  the  citizens  of  this  or  any  of  the  United  States; 
and  by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded, 
appear,  prosecute  and  defend  in  any  court  of  record  or  other  place 
whatever;  may  have  and  use  a  common  seal;  may  purchase  and 
held  such  real  and  personal  estate  as  may  be  necessary  to  effect  the 
objects  of  their  association;  and  they  may  sell  and  convey  the  same 
at  pleasure;  may  make  and  establish  and  put  in  execution  such  by 
laws,  ordinances  and  resolutions,  not  being  contrary  to  the  laws  of 
the  State,  as  may  seem  necessary  or  convenient  for  their  regulation 
and  government,  and  for  the  management  of  their  affairs,  and  do 
and  execute  all  such  acts  and  things  as  may  be  necessary  to  carry 
into  full  effect  the  purposes  intended  by  this  grant 

Sect.  2.  And  be  it  further  enacted,  That  all  and  every  person 
and  persons  who  shall  at  any  time  become  interested  in  said  com- 
pany by  insuring  therein,  and  also  their  respective  heirs,  executors, 
administrators  and  assigns,  continuing  to  be  insured  therein,  as 
herein  after  provided,  shall  be  deemed  and  taken  to  be  members 
thereof  for  and  during  the  time  specified,  in  their  respective  policies, 


44^  LAWS   OF   NEW  HAMPSHIRE 

and  no  longer,  and  shall  at  all  times  be  concluded  and  bound  by  the 
provisions  of  this  act. 

Section  3  And  be  it  further  enacted,  That  there  shall  be  a  meeting 
of  said  company  at  Concord  in  the  county  of  Merrimack  on  the 
third  Tuesday  of  July  annually,  or  on  such  other  day  as  the  said 
company  may  herealter  determine,  at  which  shall  be  chosen  by  a 
major  vote  of  the  members  present  a  board  of  Directors  consisting 
of  not  more  than  nine  nor  less  than  five  members,  who  shall  con- 
tinue in  office  until  others  shall  have  been  chosen  and  accepted  the 
trust  in  their  stead.  All  vacancies  happening  in  said  board  may  be 
filled  by  the  remaining  members  until  the  next  annual  meeting;  and 
a  majority  of  the  whole  number  shall  constitute  a  quorum  for  the 
transaction  of  business.  Special  meetings  of  the  company  may  be 
called  by  order  of  the  Directors,  and  in  such  other  maraier  as  the 
by-laws  thereof  may  have  prescribed. 

Section  4.  And  be  it  further  enacted,  That  the  Board  of  Di- 
rectors shall  superintend  the  concerns  of  said  Company,  and  shall 
have  the  management  of  the  funds  and  property  thereof  and  of  all 
matters  and  things  thereunto  relating,  not  otherwise  provided  for  by 
said  company.  They  shall  have  power  from  time  to  time  to  appoint 
a  Secretary,  Treasurer  and  such  other  officers,  agents  and  assistants 
as  to  them  may  seem  necessary,  and  prescribe  their  duties,  fix  their 
compensation,  take  such  security  from  them,  as  they  may  deem 
necessary  for  the  faithful  performance  of  their  respective  duties, 
and  may  remove  them  at  pleasure.  They  shall  determine  the  rates 
of  insurance,  the  sum  to  be  insured  on  any  building,  not  exceeding 
three  fourths  of  its  value;  and  the  sum  to  be  deposited  for  the  in- 
surance thereof.  They  shall  order  and  direct  the  making  and  issu- 
ing of  all  policies  of  insurance,  the  providing  of  books,  stationary 
and  other  things  needful  for  the  office  of  said  company,  and  for 
carrying  on  the  affairs  thereof;  and  may  draw  upon  the  treasurer 
for  payment  of  all  losses  which  may  have  happened,  and  for  the 
expenses  incurred  in  transacting  the  concerns  of  said  company. — 
They  shall  elect  one  of  their  own  number  to  act  as  President,  and 
may  hold  their  meetings  monthly  and  oftener  if  necessary  for  the 
transacting  the  business  of  the  company,  and  shall  keep  a  record 
of  their  proceedings;  and  any  director  disagreeing  with  a  majority 
of  the  board  at  any  meeting  may  enter  his  dissent  with  his  reasons 
therefor  on  record. 

Section  5.  And  be  it  further  enacted,  That  every  person  who 
shall  become  a  member  of  said  company  by  effecting  insurance 
therein,  shall,  before  he  receives  his  policy,  pay  into  the  treasury 
such  a  percent  on  the  property  insured  as  the  Directors  shnll  re- 
quire, and  annually  thereafter  such  sum  as  mav  be  required  by  the 
Directors,  not  exceeding  the  original  sum  paid  in.  Any  member 
neglecting  to  pav  his  annual  assessment  by  the  day  appointed  for 
such  payment  shall  cease  to  have  his  property  insured  until  the 


LAWS   OF   NEW   HAMPSHIRE  449 

day  on  which  he  pays,  and  can  have  no  allowance  nor  alteration  in 
the  time  of  the  next  payment.  Should  any  member  neglect  to  pay 
the  annual  assessment  tor  one  year  after  it  becomes  due  and  pay- 
able, his  right  to  the  capital  stock  shall  be  forfeited. 

Section  6.  And  be  it  further  enacted,  That  in  case  of  any  loss  or 
damage  by  fire  happening  to  any  member  upon  property  insured  in 
and  with  said  company,  the  said  member  shall  give  notice-  thereof 
in  writing  to  the  Directors  or  some  one  of  them,  or  to  the  Secretary 
of  said  Company  within  thirty  days  from  the  time  such  loss  or  dam- 
age may  have  happened:  and  the  Directors,  upon  a  view  of  the 
same,  or  in  such  other  way  as  they  may  deem  proper,  shall  ascer- 
tain and  determine  the  amount  of  said  loss  or  damage;  and  if  the 
party  suffering  is  not  satisfied  with  the  determination  of  the  Di- 
rectors, the  question  may  be  submitted  to  referees,  or  the  said  party 
may  bring  an  action  against  said  company  for  said  loss  or  damage, 
at  the  next  Court  to  be  holden  in  and  for  the  county  of  Merrimack, 
and  not  afterwards:  and  if  upon  trial  of  said  action  a  greater  sum 
shall  be  recovered  than  the  amount  determined  upon  by  the  Di- 
rectors, the  party  suffering  shall  have  judgment  therefor  against  said 
company  with  interest  thereon  from  the  time  said  loss  or  damage 
happened,  and  costs  of  suit;  but  if  no  more  shall  be  recovered  than 
the  amount  aforesaid,  the  said  party  shall  become  nonsuit,  and  the 
said  company  shall  recover  their  costs;  provided  however,  that  the 
judgment  last  mentioned  shall  in  no  wise  affect  the  claim  of  said 
suffering  party  to  the  amount  of  loss  or  damage  as  determined  by 
the  Directors  aforesaid;  and  provided  also,  that  execution  shall  net 
issue  on  any  judgment  against  said  company  until  after  the  expira- 
tion of  three  months  from  the  rendition  thereof. 

Section  7.  And  be  it  further  enacted,  That  the  said  Company 
may  make  insurance  for  any  term  not  exceeding  seven  years:  and 
any  policy  of  insurance  issued  by  said  Company,  signed  by  the 
President  and  countersigned  by  the  Secretary,  shall  be  deemed  valid 
and  binding  on  said  Company  in  all  cases. 

Section  8.  And  be  it  further  enacted,  That  the  Directors  shall 
settle  and  pay  all  losses  within  three  months  after  they  shall  have 
been  notified  as  aforesaid,  unless  they  shall  judge  it  proper  within 
that  time  to  rebuild  the  house  or  houses  destroyed,  or  repair  the 
damages  sustained,  which  they  are  hereby  empowered  to  do  in  con- 
venient time;  provided  they  do  not  lay  out  and  expend  in  such 
building  or  repairs  more  than  the  sum  insured  on  the  premises:  but 
no  allowance  is  to  be  made  in  estimating  damages,  in  any  case,  for 
gilding,  historical  or  landscape  painting,  stucco  or  carved  work;  nor 
are  the  same  to  be  replaced  if  destroyed  by  fire. 

Section  9.  And  be  it  further  enacted,  That  if  any  alteration 
should  be  made  in  any  house  or  building  by  the  proprietor  thereof 
after  insurance  has  been  made  thereon  by  said  Company  wherebv 
it  may  be  exposed  to  greater  risk  or  hazard  from  fire  than  it  was  at 


29 


45°  LAWS   OF   NEW   HAMPSHIRE 

the  time  it  was  insured,  then  and  in  every  such  case  the  insurance 
made  upon  such  house  or  building  shall  be  void  unless  an  addi- 
tional premium  and  payment  after  such  alteration  be  settled  with 
and  paid  to  the  Directors;  but  no  alteration  or  repairs  in  buildings 
not  increasing  such  risk  or  hazard  shall  in  any  wise  affect  the  in- 
surance previously  made  thereon. 

Section  10.  And  be  it  further  enacted,  That  if  insurance  on  any 
house  or  building  shall  be  and  subsist  in  said  Company,  and  in  any 
other  office,  or  from  and  by  any  other  person  or  persons,  at  the  same 
time,  the  insurance  made  in  and  by  said  Company  shall  be  deemed 
and  bacome  void,  unless  such  double  insurance  subsist  with  the 
consent  of  the  Directors,  signified  by  indorsement  on  the  back  of  the 
policy  signed  by  the  President  and  Secretary. 

Section  n.  And  be  it  further  enacted,  That  if  it  should  ever 
happen  that  the  stock  of  said  Company  shall  not  be  sufficient  to 
pay  all  the  loss  occasioned  by  any  fire,  then  in  such  case  the  suffer- 
ers insured  by  said  Company  shall  receive  towards  making  good 
their  respective  losses  a  proportionable  dividend  of  the  said  whole 
stock  according  to  the  sums  to  them  respectively  insured  by  said 
Company. 

Section  12.  And  be  it  further  enacted,  That  the  Directors  shall 
never  require  assessments  which  shall  make  the  funds  of  the  Com- 
pany exceed  three  per  cent,  on  the  amount  of  property  insured. 

Section  13.  And  be  it  further  enacted,  that  the  said  Joseph  Low, 
Isaac  Hill  and  William  Pickering,  or  either  two  of  them  may  call 
the  first  meeting  of  the  members  of  said  Company  at  any  suitable 
time  and  place  in  Concord  aforesaid,  by  advertisement  in  either  of 
the  newspapers  printed  in  the  County  of  Merrimack,  giving  at  least 
twenty  days  notice  of  the  time,  place  and  design  of  said  meeting, 
for  the  purpose  of  choosing  the  first  Board  of  Directors,  of  making 
and  establishing  By-Laws,  and  of  transacting  any  business  neces- 
sary and  proper  to  carry  into  effect  the  provisions  and  intentions 
of  this  act. 


[CHAPTER  55.] 


State  of  ) 

New  Hampshire.  { 


An  Act  to  incorporate  the  Cheshire  County  Mutual  Fire- 
Insurance  Company — ■ 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  55;  recorded  Acts, 
vol.  23,  p.  123.  See  acts  of  January  8,  1853,  Session  Laws,  November,  1852, 
Chap.  1357,  and  July  2,  1881,  id.,  1877-81,  p.  563.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Daniel  W.  Farrar, 
Thomas  Bellows,  Aaron  Dean,  Joseph  Appleton,  Horace  Hall,  Sam- 


LAWS  OF   NEW  HAMPSHIRE  45  l 

uel  Grant,  Phinehas  Handerson,  Thomas  Woolson,  Levi  Chamber- 
lain, John  Sabin,  Stephen  Johnson,  Josiah  Richards,  Josiah  Bellows, 
3rd,  James  Wilson,  junior,  Thomas  C.  Drew,  Rufus  Handerson, 
Daniel  W.  Bisco,  and  all  other  persons  who  may  hereafter  become 
members  of  said  Company  in  the  manner  herein  prescribed,  be,  and 
they  hereby  are  incorporated  and  made  a  body  politick  by  the  name 
of  the  Cheshire  County  Mutual  Fire-insurance  Company,  for  the 
purpose  of  insuring  their  respective  dwelling-houses  and  other 
buildings,  with  their  contents,  against  loss  or  damage  by  fire, 
whether  the  same  shall  happen  by  accident,  lightning,  or  by  any 
other  means,  excepting  that  of  design  in  the  assured,  or  by  the  inva- 
sion of  an  enemy,  or  insurrection  of  the  citizens  of  this,  or  any  of 
the  United  States;  and  by  that  name  may  sue  and  be  sued,  plead 
and  be  impleaded,  appear,  prosecute  and  defend  in  any  court  of 
record  or  other  place  whatever;  may  have  and  use  a  common  seal; 
may  purchase  and  hold  such  real  and  personal  estate  as  may  be 
necessary  to  effect  the  objects  of  their  association,  and  they  may 
sell  and  convey  the  same  at  pleasure;  may  make  and  establish  and 
put  in  execution  such  by-laws,  ordinances  and  resolutions,  not  being 
contrary  to  the  laws  of  the  State,  as  may  seem  necessary  or  con- 
venient for  their  regulation  and  government,  and  for  the  manage- 
ment of  their  affairs,  and  do  and  execute  all  such  acts  and  things  as 
may  be  necessary  to  carry  into  full  effect  the  purposes  intended  by 
this  grant. 

Sec.  2.  And  be  it  further  enacted,  That  all  and  every  person 
and  persons  who  shall  at  any  time  become  interested  in  said  Com- 
pany by  insuring  therein,  and  also  their  respective  heirs,  executors, 
administrators  and  assigns,  continuing  to  be  insured  therein  as 
herein  after  provided,  shall  be  deemed  and  taken  to  be  members 
thereof  for  and  during  the  terms  specified  in  their  respective  policies, 
and  no  longer,  and  shall  at  all  times  be  concluded  and  bound  by 
the  provisions  of  this  act. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall  be  a  meet- 
ing of  said  Company  at  Walpcle  in  the  county  of  Cheshire  on  the 
first  Tuesday  of  September,  annually,  or,  on  such  other  day  as  the 
said  Company  may  hereafter  determine;  at  which  shall  be  chosen 
by  a  major  vote  of  the  members  present  a  Board  of  Directors,  con- 
sisting of  not  more  than  nine  nor  less  than  five  members,  who  shall 
continue  in  office  until  others  shall  have  been  chosen  and  accepted 
the  trust  in  their  stead.  All  vacancies  happening  in  said  Board  may 
be  filled  bv  the  remaining  members  until  the  next  annual  meeting; 
and  a  majority  of  the  whole  number  shall  constitute  a  quorum  for 
the  transaction  of  business.  Special  meetings  of  the  Comnany  mav 
be  called  by  order  of  the  Directors,  or  in  such  ether  manner  as  the 
by-laws  thereof  shall  have  prescribed. 

Sec.  4.  And  be  it  further  enacted.  That  the  Board  of  Directors 
shall  superintend  the  concerns  of  said  Company,  and  shall  have  the 


452  LAWS   OF  NEW   HAMPSHIRE 

management  of  the  funds  and  property  thereof,  and  of  all  matters 
and  things  thereunto  relating,  not  otherwise  provided  for  by  said 
Company.  They  shall  have  power  from  time  to  time  to  appoint  a 
Secretary,  Treasurer,  and  such  other  officers,  agents  and  assistants, 
as  to  them  may  seem  necessary,  and  prescribe  their  duties,  fix  their 
compensation,  take  such  security  from  them  as  they  may  deem  nec- 
essary for  the  faithful  performance  of  their  respective  duties,  and 
may  remove  them  at  pleasure.  They  shall  determine  the  rates  of 
insurance,  the  sum  to  be  insured  on  any  building,  not  exceeding 
three  fourths  of  its  value,  and  the  sum  to  be  deposited  for  the  in- 
surance thereof.  They  shall  order  and  direct  the  making  and 
issuing  of  all  policies  of  insurance,  the  providing  of  books,  stationary 
and  other  things  needful  for  the  office  of  said  Company,  and  for 
carrying  on  the  affairs  thereof;  and  may  draw  upon  the  Treasurer 
for  the  payment  of  all  losses  which  may  have  happened,  and  for 
the  expenses  incurred  in  transacting  the  concerns  of  said  Company: 
They  shall  elect  one  of  their  own  number  to  act  as  President,  and 
may  hold  their  meetings  monthly  and  oftener  if  necessary  for  trans- 
acting the  business  of  the  Company,  and  shall  keep  a  record  of 
their  proceedings;  and  any  Director  disagreeing  with  a  majority 
of  the  Board  at  any  meeting  may  enter  his  dissent  with  his  reasons 
therefor  on  record. 

Sec.  5.  And  be  it  further  enacted,  That  any  person  who  shall 
become  a  member  of  said  Company  by  effecting  insurance  therein, 
shall  before  he  receives  his  policy  pay  into  the  treasury  such  a  per- 
cent on  the  property  insured  as  the  Directors  shall  require,  and 
annually  thereafter  such  sum  as  may  be  required  by  the  Directors 
not  exceeding  the  original  sum  paid  in;  and  any  member  neglecting 
to  pay  his  annual  assessment  by  the  day  appointed  for  such  pay- 
ment, shall  cease  to  have  his  property  insured  until  the  day  on 
which  he  pays,  and  can  have  no  allowance,  nor  alteration  in  the  time 
of  the  next  payment.  Should  any  member  neglect  to  pay  the  annual 
assessment  for  one  year  after  it  becomes  due  and  payable,  his  right 
to  the  capital  stock  shall  be  forfeited. 

Sec.  6.  And  be  it  further  enacted,  That  in  case  of  any  loss  or 
damage  by  fire  happening  to  any  member  upon  property  insured  in 
and  with  said  Company,  the  said  member  shall  give  notice  thereof 
in  writing  to  the  Directors,  or  some  one  of  them,  or  to  the  Secretary 
of  said  Company  within  thirty  days  from  the  time  such  loss  or 
damage  may  have  happened,  and  the  Directors  upon  a  view  of  the 
same,  or  in  such  other  way  as  they  may  deem  proper,  shall  ascertain 
and  determine  the  amount  of  said  loss  or  damage;  and  if  the  party 
suffering  is  not  satisfied  with  the  determination  of  the  Directors,  the 
question  may  be  submitted  to  referees,  or  the  said  party  may  bring 
an  action  against  said  Company  for  said  loss  or  damage  at  any 
Court  to  be  holden  in  and  for  the  county  of  Cheshire  within  one 
year  from  the  time  of  such  loss  or  damage,  and  not  afterwards; 


LAWS   OF   NEW  HAMPSHIRE  453 

and  if  upon  trial  of  said  action,  a  greater  sum  shall  be  recovered 
than  the  amount  determined  upon  by  the  Directors,  the  party  suf- 
fering shall  have  judgment  therefor  against  said  Company  with  in- 
terest thereon  from  the  time  said  loss  or  damage  happened,  and 
costs  of  suit;  but  if  no  more  shall  be  recovered  than  the  amount 
aforesaid,  the  said  party  shall  become  nonsuit,  and  the  said  Com- 
pany shall  recover  their  costs :  Provided  however  that  the  judgment 
last  mentioned  shall  in  no  wise  affect  the  claim  of  said  suffering 
party  to  the  amount  of  loss  or  damage  as  determined  by  the  Di- 
rectors aforesaid;  and  provided  also,  that  execution  shall  not  issue 
on  any  judgment  against  said  Company  until  after  the  expiration  of 
three  months  from  the  rendition  thereof 

Sec.  7.  And  be  it  further  enacted.  That  the  said  Company  may 
make  insurance  for  any  term  not  exceeding  seven  years;  and  any 
Policy  of  insurance  issued  by  said  Company,  signed  by  the  Presi- 
dent and  countersigned  by  the  Secretary  shall  be  deemed  valid  and 
binding  on  said  Company  in  all  cases. 

Sec.  8.  And  be  it  further  enacted,  That  the  Directors  shall  settle 
and  pay  all  losses  within  three  months  after  they  shall  have  been 
notified  as  aforesaid,  unless  they  shall  judge  it  proper  within  that 
time  to  rebuild  the  house  or  houses  destroyed  or  repair  the  damages 
sustained,  which  they  are  hereby  empowered  to  do  in  convenient 
time:  provided  they  do  net  lay  out  and  expend  in  such  building  or 
repairs  more  than  the  sum  insured  on  the  premises;  but  no  allow- 
ance is  to  be  made  in  estimating  damages  in  any  case  for  gilding, 
historical  or  landscape  painting,  stucco  or  carved  work;  nor  are  the 
same  to  be  replaced  if  destroyed  by  fire. 

Sec.  q.  And  be  it  further  enacted,  That  if  any  alteration  shall 
be  made  in  any  house  or  building  by  the  proprietor  thereof  after 
insurance  has  been  made  thereon  by  said  Company,  whereby  it 
may  be  exposed  to  greater  risk  or  hazard  from  fire  than  it  was  at 
the  time  it  was  insured,  then  and  in  every  such  case,  the  insurance 
made  upon  such  house  or  building  shall  be  void,  unless  an  addi- 
tional premium  and  payment  after  such  alteration  be  settled  with 
and  paid  to  the  Directors;  but  no  alteration  or  repairs  in  buildings 
not  increasing  such  risk  or  hazard  shall  in  any  wise  affect  the  insur- 
ance previously  made  thereon. 

Sec.  10.  And  be  it  further  enacted,  That  if  insurance  on  any 
house  or  building  shall  be  and  subsist  in  said  Company,  and  in  any 
other  office,  or  from  and  by  any  other  person  or  persons,  at  the  same 
time,  the  insurance  made  in  and  bv  said  Company  shall  be  deemed 
and  become  void,  unless  such  double  insurance  subsist  with  the  con- 
sent of  the  Directors,  signified  by  endorsement  on  the  back  of  the 
policy  signed  by  the  President  and  Secretary. 

Sec.  11.  And  be  it  further  enacted,  That  if  it  should  ever  hap- 
pen that  the  Stock  of  said  Company  shall  not  be  sufficient  to  pay 


454  LAWS  OF   NEW  HAMPSHIRE 

all  the  loss  occasioned  by  any  fire,  then  and  in  such  case  the  sufferers 
insured  by  said  Company  shall  receive  towards  making  good  their 
respective  losses  a  proportionable  dividend  of  the  said  whole  stock 
according  to  the  sums  to  them  respectively  insured  by  said  Com- 
pany.— 

Sec.  12.  And  be  it  further  enacted,  That  the  Directors  shall 
never  require  assessments  which  shall  make  the  funds  of  the  Com- 
pany exceed  three  per  cent  on  the  amount  of  property  insured. 

Sec.  13.  And  be  it  further  enacted,  That  the  said  Samuel  Grant, 
Daniel  W  Bisco  and  Josiah  Bellows  3rd,  or  either  two  of  them,  may 
call  the  first  meeting  of  the  members  of  said  Company  at  any  suit- 
able time  and  place  in  Walpole  aforesaid  by  advertisement  in  either 
of  the  newspapers  printed  in  the  county  of  Cheshire,  giving  at  least 
twenty  days'  notice  of  the  time,  place  and  design  of  said  meeting, 
for  the  purpose  of  choosing  the  first  Board  of  Directors,  of  making 
and  establishing  by-laws,  and  of  transacting  any  business  necessary 
and  proper  to  carry  into  effect  the  provisions  and  intentions  of  this 
act. 


[CHAPTER  56.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Commercial 
Bank. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  56;  recorded  Acts, 
vol.  23,  p.  129.     See  additional  act  of  June  23,  1831,  Acts,  vol.  28,  p.  41.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Thomas  G.  Berry, 
Daniel  Brown,  Sylvester  Melcher,  Meschech  B.  Trundy,  their  asso- 
ciates, and  those  who  may  hereafter  become  associates  in  said  Bank, 
their  successors  and  assigns,  shall  be,  and  they  are  hereby  created 
and  made  a  Corporation  by  the  name  of  The  President,  Directors 
and  Company  of  the  Commercial  Bank;  and  shall  so  continue  from 
the  first  day  of  September  next  until  the  expiration  of  twenty  years 
next  following;  and  by  that  name  shall  be,  and  hereby  are  made 
capable  in  law  to  sue  and  be  sued,  plead  and  be  imoleaded,  defend 
and  be  defended  in  any  court  of  record,  or  in  any  other  place  what- 
ever; and  also,  to  make,  have  and  use  a  common  seal,  and  the  s^me 
at  pleasure  to  break,  alter  or  renew;  and  also,  to  ordain,  establish 
and  put  in  execution  such  by  laws,  ordinances  and  regulations,  not 
being  repugnant  to  the  laws  of  this  State,  as  to  them  shall  appear 
necessary  and  convenient  for  their  regulation  and  government,  and 


LAWS   OF   NEW  HAMPSHIRE  455 

for  the  prudent  management  of  the  affairs  of  said  Corporation; 
Subject  always  to  the  rules,  restrictions  limitations  and  provisions 
hereinafter  prescribed. 

Section  2.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  Corporation  shall  consist  of  a  sum  net  less  than  one  hundred 
thousand  dollars,  nor  more  than  three  hundred  thousand  dollars,  in 
specie,  and  shall  be  divided  into  two  thousand  shares;  and  the  stock- 
holders at  their  first  meeting  shall,  by  a  majority  of  votes,  deter- 
mine the  amount  of  payments  to  be  made  on  each  share,  and  the 
time  when  and  where  they  shall  be  made;  also  the  mode  of  trans- 
ferring and  disposing  of  the  stock  and  the  profits  thereof;  which 
being  entered  on  the  books  of  said  Corporation,  shall  be  binding 
on  the  stockholders,  their  successors  and  assigns;  Provided,  that 
no  stockholder  shall  be  allowed  to  borrow  at  said  Bank  until  he  shall 
have  paid  in  his  full  proportion  of  said  sum  of  one  hundred  thousand 
dollars  at  least.  And  said  Corporation  is  hereby  made  capable  in 
law  to  have,  hold,  purchase  and  receive,  possess,  enjoy  and  retain 
to  them,  their  successors  and  assigns,  lands,  rents,  tenements  and 
hereditaments,  to  the  amount  of  twenty  five  thousand  dollars,  and 
no  more  at  any  one  time  with  power  to  bargain,  sell  and  dispose  of 
the  same;  and  to  loan  and  negotiate  their  monies  and  effects  by 
discounting  on  banking  principles  on  such  security  as  they  shall 
think  advisable. 

Section  3.  And  be  it  further  enacted,  That  the  following  rules, 
limitations  and  provisions  shall  form  and  be  the  fundamental  arti- 
cles of  said  corporation: — 

1  st.  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation, at  any  one  time,  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in  at 
such  time,  and  then  composing  the  capital  stock  of  said  Bank.  And 
in  case  any  Cashier,  Director  or  other  officer  of  said  Bank,  at  any 
time,  shall  knowingly  issue,  or  order,  direct  or  cause  to  be  issued  and 
put  in  circulation,  bills,  notes  or  obligations  of  said  Bank,  which 
together  with  those  issued  and  then  in  circulation,  shall  exceed  the 
amount  of  the  capital  stock  of  said  Bank  as  aforesaid,  such  Cashier, 
director  or  ether  officer  shall  forfeit  and  pay  a  sum  not  exceeding 
ten  thousand  dollars,  nor  less  than  one  thousand  dollars. 

2d.  That  dividends  may  be  made  semiannually  among  the  stock- 
holders of  said  Bank  of  the  interest  and  profits  actually  received; 
but  no  part  of  the  capital  stock  of  said  Bank  shall  either  before  or 
after  the  expiration  of  the  time  limited  by  this  act  for  the  continu- 
ance of  said  Corporation,  be  divided  among,  or  paid  to  the  stock- 
holders without  the  licence  of  the  Legislature  of  this  State  therefor, 
on  penalty  that  any  cashier,  director  or  other  officer,  who  shall  so 
divide  or  pay  the  same,  or  order,  direct,  or  cause  the  same  to  be 
done,  shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thou- 


45^  LAWS   OF   NEW  HAMPSHIRE 

sand  dollars,  nor  less  than  one  thousand  dollars;  Provided  never- 
theless, that  it  shall  be  lawful  for  the  stockholders,  after  having 
given  one  year's  notice  of  their  intention  by  advertisement  in  two 
newspapers,  published  in  this  State,  and  after  payment  of  all  out- 
standing debts  due  from  said  Bank,  to  make  a  division  of  the  cap- 
ital stock  among  themselves,  and  thereby  dissolve  said  Corporation. 

3d.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank  by  reason  of  bad  or 
desperate  debts  due  to  the  Bank,  or  by  any  other  means  whatever, 
it  shall  be  the  duty  of  the  directors  in  their  next  annual  return  of 
the  condition  of  said  Bank  by  law  required  to  be  made  to  the  Gov- 
ernor and  Council,  to  state  the  amount  of  such  diminution  or  loss, 
and  the  cause  thereof;  and  after  such  loss  or  diminution  no  dividend 
of  interest  of  profit  shall  be  made,  until  such  loss,  or  diminution 
shall  be  replaced  and  supplied  by  assessments  and  actual  payments 
by  the  stockholders,  or  by  appropriations  therefor  of  the  interests 
and  profits  actually  received. 

4th.  That  said  corporation  shall  not  vest,  use  nor  improve  any 
of  its  monies,  goods,  chattels,  or  effects  in  trade  or  commerce,  but 
may  sell  all  kind  of  personal  pledges  lodged  in  its  possession  by  way 
of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or  sums 
loaned,  and  interest. 

5th.  That  none  but  a  member  of  said  Corporation,  being  a  citi- 
zen of  this  State,  and  resident  therein,  shall  be  eligible  for  a  Di- 
rector; and  the  Directors  shall  choose  one  of  their  own  number  to 
act  as  President.  The  Cashier,  before  he  enters  on  the  duties  of  his 
office,  shall  give  bond,  with  two  or  more  sureties,  to  the  satisfaction 
of  the  Board  of  Directors,  in  a  sum  not  less  than  twenty  thousand 
dollars,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office. 

6th.  That  for  the  well  ordering  of  the  affairs  of  said  Corpora- 
tion, a  meeting  of  the  stockholders  from  and  after  their  first  meeting, 
shall  be  holden  at  such  place  as  they  shall  direct  on  second  Monday 
of  July,  annually,  and  at  any  other  time  during  the  continuance  of 
said  Corporation,  at  such  place  as  may  be  appointed  by  the  Presi- 
dent and  Directors  for  the  time  being,  by  public  notice  being  given 
at  least  two  weeks  prior  thereto: — at  which  annual  meeting  there 
shall  be  chosen  by  ballot  Nine  Directors  to  continue  in  office  the 
year  ensuing  their  election,  and  until  others  shall  be  chosen  in  their 
stead;  and  the  number  of  votes  to  which  each  stockholder  shall  be 
entitled  shall  be  according  to  the  number  of  shares  he  shall  hold  in 
the  capital  stock  of  said  Bank.  Absent  members  may  vote  by  proxy, 
being  authorized  in  writing  signed  by  the  person  represented  and 
filed  with  the  Cashier. 

7th  That  no  Director  shall  be  entitled  to  any  emolument  for  his 
services,  but  the  stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 


LAWS   OF   NEW  HAMPSHIRE  457 

8th  That  no  less  than  a  majority  of  the  Directors  shall  consti- 
tute a  Board  for  the  transaction  of  business,  of  whom  the  President 
shall  be  one,  except  in  case  of  sickness  or  necessary  absence,  in 
which  case,  the  Directors  present  may  choose  a  chairman  for  the 
time  being  in  his  stead. 

9th  That  all  bills  issued  from  the  Bank  aforesaid,  signed  by  the 
President,  and  countersigned  by  the  Cashier  shall  be  binding  on 
said  Corporation. 

10th  That  the  Directors  shall  appoint  a  Cashier,  clerk,  and  all 
such  other  officers,  agents  or  servants,  for  conducting  the  business  of 
the  Bank,  with  such  salaries  as  to  them  may  seem  just  and  proper 

nth  That  said  Bank  shall  be  established  and  kept  in  the  town 
of  Portsmouth  in  the  County  of  Rockingham. 

1 2th.  That  the  Legislature  shall  at  all  times  have  the  right,  by 
persons  duly  appointed  for  that  purpose,  to  examine  into  the  state 
and  condition,  and  all  the  "doings  and  transactions  of  said  Corpora- 
tion, and  of  its  officers,  relating  to  the  same;  for  which  purpose  all 
the  books  of  the  Corporation,  together  with  its  monies  and  securities 
for  money,  shall  be  exhibited  and  submitted  to  the  inspection  and 
examination  of  such  persons  so  appointed;  and  each  officer  of  said 
Corporation  shall  answer  on  oath,  if  required,  all  suitable  and  proper 
interogations  relating  to  the  state,  condition  and  transactions  of  said 
Bank.— 

Section  4.  And  be  it  further  enacted,  That  any  three  of  the  per- 
sons herein  before  named  may  call  a  meeting  of  the  members  of  said 
Corporation  as  soon  as  may  be  convenient,  at  such  time  and  place 
as  they  may  see  fit  by  advertisement  in  either  of  the  newspapers 
printed  in  Portsmouth  at  least  one  week  prior  to  the  time  of  meet- 
ing, for  the  purpose  of  making  and  establishing  such  by  laws,  ordi- 
nances and  regulations  as  the  said  members  may  deem  necessary, 
and  for  the  choice  of  the  first  Board  of  Directors,  and  such  other 
officers  as  they  may  see  fit  to  choose. 

Section  5th  And  be  it  further  enacted,  That  all  penalties  in- 
cured  for  the  breach  of  any  of  the  provisions  of  this  act,  may  be 
recovered  by  information  or  suit  in  the  name  of  the  State. 


458  LAWS  OF   NEW   HAMPSHIRE 

[Chapter  57.] 

State  oj  I 

New  Hampshire.  \ 

An  act  for  raising  Thirty  Thousand  Dollars  for  the  use  of 
this  State 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  57;  recorded  Acts, 
vol.  2.2,,  p.  134.     Session  Laws,  1825,  Chap.  57.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  be  raised 
for  the  use  of  this  State  the  sum  of  Thirty  Thousand  Dollars,  which 
sum  shall  be  assessed,  collected  and  paid  into  the  Treasury  on  or 
before  the  first  day  of  December  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty  six.  And  the  Treasurer  be  and 
hereby  is  directed  seasonably  to  issue  his  warrants  to  the  selectmen 
or  assessors  of  the  several  towns,  parishes  and  districts  within  this 
state  according  to  the  last  proportion  act.  And  the  selectmen  and 
assessors  of  the  several  towns,  parishes  and  districts  aforesaid  are 
hereby  respectively  to  assess  the  sums  specified  in  the  Treasurer's 
warrants,  and  cause  the  same  to  be  paid  into  the  Treasury  of  this 
State  on  or  before  the  first  day  of  December  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty-six.  And  the  Treasurer 
may  issue  extents  for  all  taxes  that  may  then  remain  unpaid 

[CHAPTER  58.] 

State  oj  ) 

New  Hampshire.  \ 

An  act  in  addition  to  and  amendment  of  an  act  entitled  an 
act  to  prevent  persons  from  digging  up  the  bodies  of  dead 

PEOPLE. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  58;  recorded  Acts, 
vol.  23,  p.  135.  Session  Laws,  1825,  Chap.  58.  Laws,  1830  ed.,  p.  162.  See 
acts  of  June  16,  1796,  Laws  of  New  Hampshire,  vol.  6,  p.  334:  June  22,  1810, 
id.,  vol.  7,  p.  894,  and  July  5,  1834,  Session  Laws,  1834,  Chap.  191.  Re- 
pealed by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  if  any  person  or  per- 
sons shall  be  convicted  of  either  of  the  offences  mentioned  in  the 
act  to  which  this  is  an  addition,  and  shall  be  sentenced  by  the  Court 
before  whom  the  trial  thereof  is  had,  to  imprisonment  it  shall  be  in 
no  case  for  a  less  time  than  one  year;  and  if  sentenced  by  said  court 


LAWS  OF   NEW   HAMPSHIRE  459 

to  pay  a  fine,  it  shall  be  in  no  case  for  a  less  sum  than  five  hundred 
dollars,  any  thing  in  said  act  to  the  contrary  notwithstanding- 
Provided,  that  this  act  shall  have  no  effect  to  alter  the  sentence  for 
any  offence  which  may  have  been  committing  prior  to  the  passing 
hereof. 


[CHAPTER  59.] 


State  of 
New  Hampshire. 


An  Act  to  incorporate  the  proprietors  of  the  Conway  Cot- 
ton AND  WOOLLEN  FACTORY. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  59;  recorded  Acts, 
vol.  23,  p.  136.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That,  Thomas  S.  Abbot,  Jon- 
athan T.  Chase,  John  Hill,  their  associates,  successors  and  assigns, 
be,  and  they  hereby  are  incorporated  and  mad  a  body  politic  by  the 
name  of  the  Proprietors  of  the  Conway  Cotton  and  Woollen  Fac- 
tory; and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend 
to  final  judgment  and  execution,  and  be  called  and  known  in  all 
cases  whatever ;  and  hereby  are  vested  with  all  the  powers  and  priv- 
ileges incident  to  similar  corporations. 

Section  2.  And  be  it  further  enacted,  That  said  Corporation  be, 
and  hereby  is  authorized  and  empowered  to  carry  en  the  manufac- 
ture of  Cotton  and  Woollen  Goods,  and  such  other  kinds  of  busi- 
ness as  shall,  be  necessary  or  conveniently  connected  therewith  at 
Conway  in  the  County  of  Strafford  and  may  erect  all  necessary 
mills,  milldams,  buildings  and  mashinery  for  conducting  and  carry- 
ing on  these  manufactures, — ■ 

Section  3.  And  be  it  further  enacted,  That  said  Corporation 
may  purchase  and  hold  such  real  and  personal  estate  as  may  be 
necessary  or  useful  in  conducting  the  business  aforesaid,  and  for 
the  convenient  management  thereof  upon  the  present,  or  more  en- 
larged scale  net  exceeding  two  hundred  thousand  dollars,  and  the 
same  may  sell  and  dispose  of  at  pleasure. 

Sec.  4.  And  be  it  further  enacted,  That  any  two  of  the  persons 
above  named  may  call  the  first  meeting  of  said  proprietors,  to  be 
holden  at  any  suitable  time  and  place,  by  advertisement  posted  up 
in  two  public  places  in  said  Conway  fifteen  days  at  least  previous 
thereto,  or  by  giving  ten  days  personal  notice  of  the  time,  place  and 
design  of  said  meeting;  At  which  said  first  meeting  the  said  proprie- 
tors may  agree  upon  the  manner  of  calling  their  future  meetings; 
and  at  the  same  or  any  subsequent  meeting  duly  holden  they  may 


4^0  LAWS   OF   NEW  HAMPSHIRE 

choose  a  clerk  and  all  other  necessary  officers  for  conducting  the 
concerns  of  said  Corporation;  may  divide  their  capital  or  joint 
stock  into  such  number  of  shares  as  they  may  deem  proper;  and 
agree  upon  the  manner  of  transferring  them;  may  order  assess- 
ments, and  fix  the  time  of  their  payment;  may  pass  such  by-laws 
as  they  may  deem  necessary,  not  being  contrary  to  the  laws  of  the 
State,  for  their  regulation  and  government,  and  do  and  transact  any 
business  necessary  for  carrying  into  effect  the  objects  of  their  asso- 
ciations. All  questions  shall  be  determined  by  a  majority  of  votes 
present  or  represented  at  any  meeting  allowing  one  vote  to  each 
share  in  all  cases.  Absent  members  may  vote  by  proxy,  being 
authorised  in  writing  signed  by  the  person  represented  and  filed 
with  the  Clerk. 

Sec.  5.  And  be  it  further  enacted,  That  the  share  or  shares  in 
said  Corporation  shall  be  liable  and  holden  for  the  payment  of  all 
assessments  duly  made  thereon;  and  upon  the  nonpayment  thereof 
within  the  time  fixed  for  their  payment,  the  said  share  or  shares  may 
be  sold  at  public  auction,  or  so  many  of  them  as  may  be  necessary 
to  pay  such  assessments  with  incidental  charges  under  such  regula- 
tions as  said  Corporation  may  in  its  by-laws  have  prescribed. 


[CHAPTER  60.] 


State  of  I 

New  Hampshire.  { 


An  act  to  repeal  an  act  therein  named 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  60^  recorded  Acts, 
vol.  23,  p.  138.  Session  Laws,  1825,  Chap.  60.  See  act  re'f erred  to,  ante, 
P-  330.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  act  entitled  "An  act 
to  devide  the  State  into  districts  for  the  choice  of  Representatives 
for  this  State  in  the  Congress  of  the  United  States,  and  to  prescribe 
the  mode  of  their  election,"  passed  December  16th,  1824 — be  and 
the  same  is  hereby  repealed. 


LAWS   OF   NEW  HAMPSHIRE  46 1 

[CHAPTER  61.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  regulate  the  keeping  and  selling,  and  the  trans- 
porting OF  GUNPOWDER. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  61 ;  recorded  Acts, 
vol.  23,  p.  139.  Session  Laws,  1825,  Chap.  61.  See  also  acts  of  February 
18,  1794,  Laws  of  New  Hampshire,  vol.  6,  p.  152,  and  June  21,  1820,  id.,  vol. 
8,  p.  907.    Repealed  by  act  of  July  6,  1827,  post.'] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  not  at  any 
time  be  kept  in  any  warehouse,  store,  shop,  or  other  building  in  the 
compact  part  of  any  town  or  village  in  this  State,  a  greater  quantity 
of  gunpowder  than  three  quarter  cask  or  seventy-five  pounds;  and 
any  person  or  persons  so  keeping  a  greater  quantity  shall  forfeit  and 
pay  for  every  day  during  which  such  greater  quantity  of  gunpowder 
shall  be  kept  as  aforesaid  a  sum  not  exceeding  five  dollars  nor  less 
than  one  dollar,  to  be  recovered  by  any  person  suing  for  the  same 
in  an  action  of  debt  before  any  Justice  of  the  Peace,  or  Court  proper 
to  try  the  same  with  costs  of  suit,  one  half  for  the  use  of  the  prose- 
cutor, and  the  other  half  for  the  use  of  the  town  in  which  such 
gunpowder  is  kept;  or,  if  sued  for  by  the  firewards  or  selectmen  of 
any  town,  then  the  whole  of  said  forfeiture  shall  be  kept  for  the 
use  of  said  town,  to  be  expended  by  said  firewards  or  selectmen  in 
purchasing  materials  necessary  and  proper  for  extinguishing  fires; 
and  the  said  firewards  or  selectmen  are  hereby  authorized  and  em- 
powered to  seize  any  gunpowder  kept  as  aforesaid  in  a  greater 
quantity  than  one  quarter  cask  and  cause  the  same  to  be  condemned 
in  any  court  proper  to  hear  and  try  the  same,  the  avails  of  which 
shall  be  expended  for  the  purposes  aforesaid. 

Section  2.  And  be  it  further  enacted,  That  every  person  keep- 
ing gunpowder  to  sell  by  retail  in  less  quantity  than  seventy-five 
pounds,  and  who  shall  not  at  all  times  keep  the  same  in  a  tin  can- 
ister or  canisters,  or  other  incombustible  vessel  or  vessels,  covered 
and  secured  from  fire,  or  in  casks  which  shall  be  enveloped  in  sub- 
stantial and  close  leathern  bags  or  sacks,  shall  forfeit  and  pay  for 
each  and  every  day  he,  she  or  they  shall  so  keep  it  a  sum  not  ex- 
ceeding five  dollars  nor  less  than  one  dollar,  to  be  sued  for  and  re- 
covered with  costs  of  suit  in  the  manner,  and  for  the  uses  and 
purposes  aforesaid. 

Section  3.  And  be  it  further  enacted  That  gunpowder  shall  not 
be  transported  or  carried  through  the  compact  part  of  any  town  or 
village,  in  any  cart,  wagon,  or  other  open  carriage  in  a  greater  quan- 
tity than  one  hundred  pounds  at  any  one  time,  nor  unless  the  casks 
containing  the  gunpowder  so  transported,  if  more  than  twenty-five 


4^2  LAWS   OF    NEW   HAMPSHIRE 

pounds  be  enveloped  in  substantial  and  close  leathern  bags  or  sacks; 
and  any  person  or  persons  transporting  gunpowder  as  aforesaid,  in 
a  greater  quantity  and  without  being  enveloped  as  aforesaid  except 
the  same  be  conveyed  in  a  closely  covered  carriage,  shall  forfeit  and 
pay  a  sum  not  more  than  fifty  dollars,  nor  less  than  ten  dollars,  to 
be  sued  for  and  recovered  with  costs  of  suit,  in  the  manner  and  for 
the  uses  and  purposes  aforesaid. 

Section  4.  And  be  it  further  enacted,  That  no  person  shall  at 
any  time  transport  or  carry  from  town  to  town,  or  from  place  to 
place  any  gunpowder  for  the  purpose  of  pedling,  or  selling  it  by  re- 
tail, on  penalty  that  the  owner  or  owners,  or  person  or  persons  sell- 
ing it,  or  offering  it  for  sale  shall  forfeit  and  pay  a  sum  not  exceeding 
five  dollars,  nor  less  than  one  dollar  for  each  cask  of  gunpowder  so 
transported  or  carried  and  sold  or  offered  for  sale,  to  be  recovered 
with  costs  of  suit  and  applied  to  the  same  uses  and  purposes  as 
herein  before  directed. 

Section  5.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  sell  or  offer  for  sale  by  retail  any  gunpowder  in  any 
highway,  or  in  any  street,  lane,  or  alley,  or  on  any  wharf,  or  on  any 
parade  or  "common,  such  person  so  offending  shall  forfeit  and  pay 
for  each  and  every  offence  a  sum  not  more  than  five  dollars,  nor  less 
than  one  dollar,  to  be  recovered  and  applied  as  aforesaid. 

Section  6.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  within  this  State,  in  the  night  time,  between  sunsetting 
and  sunrising  sell  or  offer  to  sell  by  retail,  or  deal  out  any  gun- 
powder, such  person  so  offending  shall  forfeit  and  pay  for  each  and 
every  such  offence  a  sum  not  more  than  five  dollars,  nor  less  than 
one  dollar,  to  be  recovered  and  applied  as  aforesaid. 

Section  7.  And  be  it  further  enacted.  That  all  prosecutions  for 
offences  against  this  act  shall  be  commenced  within  three  months 
after  the  offence  shall  have  been  committed,  and  not  afterwards. 


[CHAPTER  62.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  alter  the  names  of  sundry  persons  therein  men- 
tioned. 

[Approved  July  2,  1825.  Original  Acts.  vol.  29,  p.  62;  recorded  Acts, 
vol.  23,  p.  142.     Session  Laws,  1825,  Chap.  62.] 

"Whereas  certain  persons  have  petitioned  the  Legislature  to  alter 
their  names  and  their  request  appearing  reasonable — Therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  court  convened  That  Elis  Leathers  of  Barnstead  shall  here- 


LAWS   OF   NEW   HAMPSHIRE  463 

after  be  called  and  known  by  the  name  of  Elijah  Clark — Robert 
Mark  Patterson  of  Londonderry  shall  hereafter  be  called  and 
known  by  the  name  of  Robert  Patterson — George  Washington 
Johnson  of  Enfield  shall  hereafter  be  called  and  known  by  the  name 
of  George  Washington — Thomas  Penny  of  Barnstead  shall  here- 
after be  called  and  known  by  the  name  of  Thomas  Penny  Wood- 
man, likewise  Betsy  the  wife  of  said  Thomas  Penny  and  his  chil- 
dren Irenea  Jane,  Francis,  Elbridge  Gerry,  and  Thomas  Penny 
Junior  shall  severally  assume  and  bear  the  name  of  Woodman, 
David  Moulton  of  Sandbornton  shall  hereafter  be  called  and  known 
by  the  name  of  David  Virgin  Moulton  John  Woodcock  of  Unity 
shall  hereafter  be  called  and  known  by  the  name  of  John  Bertram- 
Samuel  Brackett  Woodcock  of  Unity  shall  hereafter  be  called  and 
known  by  the  name  of  Samuel  Brackett  Bertram  John  Fernald  of 
Somersworth  shall  hereafter  be  called  and  known  by  the  name  of 
John  Gardner,  Joseph  Lock  4th  of  Rye  shall  hereafter  be  called  and 
known  by  the  name  of  Joseph  Leavitt  Locke  John  Roberts  4th  of 
Somersworth  shall  hereafter  be  called  and  known  by  the  name 
of  John  Garland  Roberts. 


[CHAPTER  63.] 

State  of  } 

New  Hampshire.  \ 

An  Act  for  the  preservation  of  Pickerel  in  Suncook  ponds  in 
the  Town  of  Barnstead,  in  the  County  of  Strafford — 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  63;  recorded  Acts, 
vol.  23,  p.  144.  Session  Laws,  1825,  Chap.  63.  Laws.  1830  ed.,  p.  259.  Re- 
pealed by  acts  of  June  28,  1831,  Session  Laws,  1831,  Chap.  2j,  and  December 
23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened.  That  if  any  person  or  persons  shall  use 
any  seine,  spear,  stab  or  grapple  for  the  purpose  of  catching  or  de- 
stroying any  Fish  called  pickerel  in  the  either  of  the  Suncook  ponds 
in  the  town  of  Barnstead  in  the  County  of  Strafford  between  the 
first  day  of  April  and  the  twentieth  day  of  June  in  each  year,  such 
person  or  persons  so  offending  shall,  for  every  pickerel  so  caught  or 
destroyed  forfeit  and  pay  the  sum  of  two  dollars,  to  be  recovered 
with  costs  in  an  action  of  debt  bv  any  person  who  shall  sue  for  the 
same  before  anv  Justice  of  the  Peace  within  the  County  of  Straf- 
ford, one  half  thereof  to  the  use  of  the  person  who  may  sue  for  the 
same,  and  the  other  half  to  the  use  of  the  poor  of  the  Town  of  Barn- 
stead 


464  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  64.] 

State  of  I 

New  Hampshire.  \ 

An  Act  regulating  the  service  of  mesne  process  on  Corpora- 
tions IN  CERTAIN  CASES. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  64;  recorded  Acts, 
vol.  23,  p.  145.  Session  Laws,  1825,  Chap.  64.  Laws,  1830  ed.,  p.  87.  See 
also  acts  of  December  11,  1812,  Laws  of  New  Hampshire,  vol.  8,  p.  1G2; 
July  6,  1827,  post,  and  July  4,  1834,  Session  Laws,  1834,  Chap.  162.  Re- 
pealed by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Sec  i  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  when  any  body  politic  or  cor- 
porate are  sued  in  this  State  who  have  no  clerk  or  member  residing 
therein  on  whom  service  can  be  made  an  attested  copy  of  the  writ 
shall  be  delevered  to  the  agent,  overseer  or  person  having  the  care 
or  control  of  the  Corporate  property  or  part  thereof  in  this  State 
thirty  days  before  the  setting  of  the  Court  to  which  the  same  is 
returnable  or  left  at  his  last  and  usual  place  of  abode  thirty  days 
prior  to  the  setting  of  the  Court  to  which  it  is  returnable  by  the 
officer  who  servs  the  same  with  a  true  and  attested  copy  of  his  re- 
turn thereon  which  shall  be  a  good  and  sufficient  service  of  said 
writ. 

Sec  2  And  be  it  further  enacted;  that  when  any  shares  or  in- 
terest of  any  person  in  any  corporation  established  by  the  laws  of 
the  State,  are  attached  on  mesne  process  or  Execution  an  attested 
copy  of  the  writ  or  Execution  may  be  delivered  to  the  agent  owner 
or  person  having  the  care  of  said  Corporate  property  in  the  State, 
(if  no  Clerk,  treasurer,  Secretary  or  cashier  of  said  Corporation 
reside  in  this  State)  by  the  officer  who  serves  the  same  and  all  pa- 
pers required  to  be  given  to  such  Clerk  Treasurer,  or  cashier  may  in 
such  case  be  delivered  to  such  Agent,  owner,  or  person  having  the 
care  of  said  Corporate  property  which  shall  be  as  good  and  effectual 
in  law  as  if  delivered  to  the  Clerk  Treasurer  Secretary  or  Cashier 
of  said  Corporation. 


LAWS   OF   NEW   HAMPSHIRE  4^5 

[CHAPTER  65.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  the  several  acts  now  in  force  relating 
TO  PERSONS  imprisoned  for  debt. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  65;  recorded  Acts, 
vol.  23,  p.  146.  Session  Laws,  1825,  Chap.  65.  See  acts  of  May  21,  1774, 
Laws  of  New  Hampshire,  vol.  3,  p.  619;  June  21,  1782,  id.,  vol.  4,  p.  4(17; 
January  3,  1784,  id.,  p.  541;  June  10,  1789,  id.,  vol.  5,  p.  442;  February  15, 
1791,  id.,  p.  704;  June  13,  1796,  id.,  vol.  6,  p.  321;  December  13,  1796,  id., 
p.  372;  November  30,  1803,  id.,  vol.  7,  p.  167;  June  16,  1807,  id.,  p.  583;  De- 
cember 23,  1808,  id.,  p.  785;  June  24,  1813,  id.,  vol.  8,  p.  261;  June  23,  1814, 
id.,  p.  343;  June  26,  1816,  id.,  p.  499;  June  25,  1818,  id.,  p.  705;  January  3, 
1829,  post;  July  2,  1831,  Session  Laws,  1831,  Chap.  30;  January  3,  1833,  id., 
November,  1832,  Chap.  107;  July  4,  1838,  id.,  1838,  Chap.  370,  and  December 
23,  1840,  id.,  November,  1840,  Chap.  547.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened;  that  when  any  person  shall  be 
committed  on  Execution  upon  which  by  the  Laws  of  this  State  he 
shall  be  entitled  to  be  liberated  on  taking  the  oath  prescribed  by 
law. — said  debtor  may  immediately  apply  to  any  two  of  the  Jus- 
tices who  are  now  by  law  authorized  to  administer  said  oath,  and 
either  of  the  Justices  applied  to  shall  make  an  order  on  such  appli- 
cation, appointing  the  time  and  place  when  and  where  said  applica- 
tion will  be  taken  into  consideration,  and  the  debtor  shall  cause  the 
creditor,  or  the  person  on  whom  by  the  present  laws  notice  is  re- 
quired to  be  served  to  be  served  with  a  copy  of  such  application  and 
order  of  such  notice  thereon  at  least  fifteen  days  before  the  day  ap- 
pointed for  such  hearing,  and  if  it  shall  happen  that  one  of  the  Jus- 
tices issuing  such  notice  is  necessarily  prevented  from  attending  at 
the  time  and  place  named  therein;  the  Justices  attending  at  the  time, 
place  and  for  the  purpose  mentioned  in  such  notice,  on  receiving 
satisfactory  evidence  that  the  same  had  been  duly  served  may  post- 
pone the  hearing  on  such  application  for  any  term  not  exceeding 
ten  days,  making  proclamation  thereof  at  the  time.  And  the  Jus- 
tices issuing  such  notice  at  the  time  and  place,  to  which  such  appli- 
cation was  postponed,  may  proceed,  if  they  think  proper,  to  admin- 
ister to  such  execution  debtor  the  •oath  aforesaid.  And  their  do- 
ings shall  be  as  good  and  effectual  in  law  to  discharge  such  debtor, 
as  if  such  oath  had  been  administered  at  the  time  and  place  men- 
tioned in  such  notice  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding 

Sec  2  And  be  it  further  enacted  that  the  certificate  of  such  oath 
shall  be  in  the  form  following: 

30 


466  LAWS  OF   NEW   HAMPSHIRE 

State  of  New-Hampshire 
ss    To  the  Sheriff  of  the  County  of 


or  his  Deputy  Keeper  of  the  Gaol  at 

On  the  day  of  AD  at  in 

said  County  (A  B  of  &c)  a  prisoner  in  your  custody  on  Execution 
at  the  suit  of  (CD.  of  &c)  took  the  oath  as  prescribed  by  law  fof 
the  relief  of  persons  imprisoned  for  debt — the  said  (CD.)  or  other 
person  as  required  by  law)  having  been  duly  notified  (did  or  did 
not  attend )  and  in  our  opinion  the  said  A.  B.  ought  to  be  descharged. 

G.H) 

E,  H]  Addition 
And  thereupon  the  said  debtor  satisfying  the  prison  keeper  for  past 
charges  shall  be  descharged. 

Sec  3  And  be  it  further  enacted  that  so  much  of  the  fourth  sec- 
tion of  an  act  entitled  "an  act  to  exempt  certain  goods  and  chatties 
of  debtors  from  attachment  and  Execution  passed  June  16.  1807"  as 
requires  the  debtor  to  remain  a  prisoner  fifteen  days  before  making 
application  to  be  admitted  to  the  benefits  of  the  oath  prescribed  by 
law  for  the  relief  of  poor  debtors  be  repealed 


[CHAPTER  66.] 


State  of  \ 

New  Hampshire.  \ 


An  act  to  prevent  injuries  happening  to  the  ordnance,  car- 
riages, HARNESS,  AND  APPARATUS  APPERTAINING  TO  THE  ORD- 
NANCE AND  GUNHOUSES  BELONGING  TO  THE  STATE. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  66;  recorded  Acts, 
vol.  -23,  p.  149.  Session  Laws,  1825,  Chap.  66.  Laws,  1830  ed.,  p.  381. 
Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  not  be  lawful 
for  any  person  or  persons,  excepting  such  as  belong  to  some  com- 
pany of  artillery,  to  take  and  remove  any  piece  of  ordnance,  being 
the  property  of  the  state,  from  any  gun-house  or  other  place  where 
the  same  may  be  deposited,  nor  any  carriage,  harness  or  apparatus 
appertaining  thereto  for  the  purpose  of  exercising  or  using  the  same 
in  any  manner,  nor  on  any  occasion  whatever,  without  permission 
in  writing  first  had  and  obtained  of  the  captain  or  commanding 
officer  of  the  company  to  which  such  ordnance  belongs;  and  in  case 
anyone  shall  at  any  time  or  under  any  pretence  so  take  and  re- 
move any  such  piece  of  ordnance,  carriage,  harness  or  apparatus 
as  aforesaid,  he  or  they  so  taking  or  removing  the  same  shall  for- 


LAWS   OF   NEW   HAMPSHIRE  4^7 

feit  and  pay  a  sum  not  less  than  five  dollars  nor  more  than  twenty- 
oollars,  to  be  sued  for  and  recovered  in  an  action  of  debt  in  the 
name  of  the  state,  with  costs  of  suit,  before  any  Justice  of  the 
peace  or  court  proper  to  try  the  same,  one  half  of  said  forfeiture 
for  the  use  of  the  prosecutor,  and  the  other  half  for  the  use  of  said 
company;  and  the  party  offending  shall  also  be  further  liable  to 
pay  double  the  amount  of  the  injury  which  such  piece  of  ordnance, 
carriage,  harness  or  apparatus  may  have  sustained  in  consequence 
or  by  means  of  such  taking  or  removal,  to  be  sued  for  and  recov- 
ered as  aforesaid,  and  the  damages  thus  recovered  to  be  applied  in 
defraying  any  expenses  which  may  be  necessary  in  keeping  such 
ordnance,  carriage,  harness  or  apparatus  in  repair. 

Section  2.  And  be  it  further  enacted,  that  if  any  person  or  per- 
sons not  belonging  to  any  company  of  artillery  shall  take  and  use 
for  any  purpose  or  on  any  occasion  whatever,  with  the  permission 
of  the  captain  or  commanding  officer  of  such  company  any  piece  of 
ordnance  thereto  belonging,  being  the  property  of  the  State,  and 
any  injury  or  damage  shall  happen  to  such  piece  of  ordnance  or  to 
the  carriage,  harness  or  apparatus  appertaining  thereto  after  the 
same  shall  have  been  taken  from  the  gun-house  or  other  place  of 
keeping,  and  before  their  return  thereto,  or  at  any  time  while  in 
the  care  of  such  person  or  persons;  in  every  such  case  he  or  they  so 
taking  and  using  such  piece  of  ordnance,  shall  pay  a  sum  equal  to 
the  amount  necessarily  required  to  repair  said  injury  or  damage, 
to  be  sued  for  and  recovered  in  an  action  of  trespass  in  the  name 
of  the  State,  with  costs  of  suit,  before  any  justice  of  the  peace  or 
court  proper  to  try  the  same;  said  sum  to  be  applied  in  defraying 
the  expenses  of  repairs. 

Section  3.  And  be  it  further  enacted,  That  if  any  person  or 
persons  shall  at  any  time  injure,  break  open  and  enter  any  gun- 
house  belonging  to  this  State,  he  or  they  so  injuring,  breaking  and 
entering,  shall  for  every  such  offence,  upon  conviction  thereof,  for- 
feit and  pay  a  sum  not  exceeding  five  dollars,  nor  more  than  twenty 
dollars,  and  also  shall  be  further  liable  in  double  the  amount  of 
damages  which  may  be  done  by  reason  of  the  said  injuring,  break- 
ing or  entering,  to  be  sued  for,  recovered  and  applied  in  the  same 
way  and  manner  as  is  prescribed  by  the  first  section  of  this  act. 


468  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  07.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  relating  to  notice  to  towns  in  case  of  paupers. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  67;  recorded  Acts, 
vol.  23,  p.  151.  Session  Laws,  1825,  Chap.  67.  bee  also  act  of  June  27, 
1817,  Laws  01  New  Hampshire,  vol.  8,  p.  650.  Repealed  by  act  of  December 
16,  1828,  post.} 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  notice  required  by 
law  to  be  given  to  the  town  or  place  chargeable  by  law  with  the 
maintenance  of  any  poor  person,  may  be  derected  to  the  selectmen, 
or  to  the  overseers  of  the  poor  in  such  town  or  place,  and  being 
served  in  the  manner  prescribed  by  law,  shall  be  considered  as  good 
and  as  effectual  notice  as  if  derected  to  the  town  or  place  charge- 
able as  aforesaid.  And  that  when  the  said  notice  shall  not  be 
served  within  ninety  days  from  the  time  when  the  first  relief  was 
afforded,  the  town  notifying  shall  not  be  precluded  from  recovering 
of  the  town  or  place,  or  person  chargeable,  the  amount  of  all  ex- 
penses necessarily  incurred  in  the  support  of  such  poor  person 
within  ninety  days  prior  to  the  service  of  such  notice;  and  any 
notice,  stating  the  sums  expended  in  such  support  before  as  well 
as  within  ninety  days  before  the  service  of  such  notice,  shall  be 
considered  good  and  valid  as  to  all  that  part  of  the  expenses  which 
were  incurred  within  said  ninety  days;  any  law  or  usage  to  the  con- 
trary notwithstanding 

Sect.  2.  And  be  it  further  enacted,  That  if  on  the  trial  of  any 
action  to  recover  any  relief  afforded  to  any  persons  alleged  to  be 
paupers,  it  appears  to  the  jury  that  some  of  the  persons  included  in 
the  notice  were  not  paupers,  or  were  not  chargeable  to  the  defend- 
ants, but  that  others  in  said  notice  were  then  paupers  and  charge- 
able to  the  defendants,  the  jury  may  require  and  return  a  verdict  for 
the  plaintiffs,  for  the  sum  due  for  the  relief  afforded  to  such  pau- 
pers, although  the  sums  incurred  for  those  only  were  included  in 
the  notice  with  others,  and  not  specially  designated  for  each.  Pro- 
vided that  nothing  in  this  act  shall  be  considered  as  extending  to 
any  notice  already  given. 


LAWS  OF   NEW  HAMPSHIRE  4^9 

[CHAPTER  68.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  Addition  to  An  Act  entitled  "An  Act  directing 
the  proceedings  against  the  trustees  of  absconding  debt- 
ORS— passed  Feb.  12™  1791. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  68;  recorded  Acts, 
vol.  23,  p.  153.  Session  Laws,  1825,  Chap.  68.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  678.  See  also  act  of  Decem- 
ber 24,  1828,  post.  Repealed  by  act  of  July  3,  1829,  Session  Laws,  1829, 
Chap.  47-] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  where  two  or  more  persons 
shall  severally  have  in  their  possession  any  money  Goods,  Chatties, 
rights  or  credits  of  any  debtor,  such  Persons  may  each  of  them  be 
summoned  in  the  same  process,  as  trustees  of  such  Debtor,  and  shall 
be  proceeded  against  in  the  same  way  and  manner  and  be  subject  to 
the  same  liabilities,  as  is  provided  in  the  act  to  which  this  is  in 
addition,  in  cases  of  Trustees  as  therein  mentioned  and  the  Court 
wherein  any  such  Trustee  process  may  be  pending  may  render  sev-. 
eral  Judgments,  either  against  or  in  favor  of  any  such  Trustee  or 
Trustees  as  to  right  and  Justice  shall  appertain — And  in  the  same 
process,  the  Goods  and  Estate  of  the  principal  Debtor  may  be  at- 
tached, if  any  may  be  found,  and  the  form  of  the  writ  as  provided 
in  the  act  to  which  this  act  is  in  addition  shall  be  so  far  altered,  as 
to  conform  to  the  provisions  of  this  act 

Sec  2  And  be  it  further  enacted,  That  when  any  Corporation 
or  body  politick  within  this  State,  shall  be  possessed  of  any  money, 
Goods,  Chatties,  rights  or  credits  of  any  Debtor,  such  Corporation 
or  body  politick  may  be  summoned  as  the  trustee  of  such  Debtor 
and  shall  be  proceeded  against  in  the  same  way  and  manner  as  is 
provided  in  other  cases  by  the  act  to  which  this  is  in  addition — And 
said  Corporation  or  Body  politick  may  be  required  to  disclose  on 
oath  by  the  Cashire  or  agent  or  person  conducting  the  concerns  of 
such  Corporation  and  such  disclosure  shall  have  the  same  operation 
and  effect  as  disclosures  of  Trustees  in  other  cases. 

Sec  3d  And  be  it  further  enacted.  That  any  Trustee  process 
may  be  brought  and  maintained  before  any  Justice  of  the  Peace  in 
the  County  where  the  Trustee  shall  reside  in  all  cases  where  the 
sum  demanded  in  damages  against  the  principal  Debtor  shall  not 
exceed  the  sum  of  thirteen  dollars  and  thirty  three  cents;  and  the 
sevf  ral  provisions  of  the  act  to  which  this  is  in  addition  so  far  as  the 
same  shall  be  applicable  and  not  inconsistent  with  the  provisions 


47°  LAWS   OF   NEW  HAMPSHIRE 

of  this  act  shall  be  taken  and  held  to  apply  to  any  trustee  process 
before  a  Justice  of  the  Peace;  and  the  same  proceedings  shall  be 
had  in  such  suit,  as  is  provided  in  other  cases  by  the  act  aforesaid 


[CHAPTER  69.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Pemigewasset 
Bank. 

[Approved  July  2,  1825.  Original  Acts,  vol.  29,  p.  69;  recorded  Acts, 
vol.  23,  p.  155.  See  also  acts  of  December  25,  1844,  Session  Laws,  Novem- 
ber, 1844,  Private  Acts,  Chap.  198,  and  June  23,  1848,  id.,  June,  1848,  Pri- 
vate Acts,  Chap.  670.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  William  Webster,  Caleb 
Keith,  Stephen  Grant,  Moore  Russell,  Josiah  Quincy,  Phinehas 
Walker,  John  Rogers,  Ira  Goodall,  Joseph  Flanders,  Joseph  Weld, 
William  Caldwell,  Enoch  Colby,  junior,  Isaac  Smith,  and  their  asso- 
ciates, and  those  who  may  hereafter  become  associates  in  said  Bank, 
their  successors  and  assigns,  shall  be,  and  they  hereby  are  created 
and  made  a  Corporation  by  the  name  of  the  President,  Directors 
and  Company  of  the  Pemegewasset  Bank,  and  shall  so  continue 
until  the  first  day  of  March,  which  will  be  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty  five;  and  by  that  name  shall 
be  and  hereby  are  made  capable  in  law  to  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended  in  any  court  of  record,  or  any 
other  place  whatever;  and  also  to  make  have  and  use  a  convenient 
seal,  and  the  same  again  at  pleasure  to  break,  alter  or  renew;  and 
also,  to  ordain,  establish  and  put  in  execution  such  by-laws,  ordi- 
nances and  regulations,  not  repugnant  to  the  laws  of  this  State,  as 
to  them  shall  appear  necessary  and  convenient  for  their  regulation 
and  government,  and  for  the  prudent  management  of  the  affairs  of 
said  Corporation:  subject  always  to  the  rules,  restrictions,  limita- 
tions and  provisions  herein-after  prescribed. 

Sec.  2.  And  be  it  further  enacted,  That  the  capital  stock  of  said 
Corporation  shall  consist  of  a  sum  not  less  than  fifty  thousand 
dollars,  nor  more  than  one  hundred  thousand  dollars  in  specie,  and 
shall  be  divided  into  one  thousand  shares:  and  the  stockholders 
at  their  first  meeting,  by  a  majority  of  votes  shall  determine  the 
amount  of  payments  to  be  made  on  each  share,  and  the  time  when 
they  shall  be  mad^;  also,  the  mode  of  transferring  and  disposing 
of  the  stock  and  the  profits  thereof;  which  being  entered  on  the 
books  of  said  Corporation,  shall  be  binding  on  the  stockholders, 


LAWS  OF  NEW  HAMPSHIRE  471 

their  successors  and  assigns  Provided  that  no  stockholder  shall  be 
allowed  to  borrow  at  said  Bank  until  he  shall  have  paid  in  his  full 
proportion  of  said  sum  of  fifty  thousand  dollars  at  least:  Provided 
also,  that  no  stockholder  shall  in  any  case  be  allowed  to  borrow 
more  than  seventy  five  per  cent  on  his  capital  stock,  so  paid  in. 
And  said  Corporation  is  hereby  made  capable  in  law  to  have,  hold, 
purchase  and  receive,  possess,  enjoy  and  retain  to  them,  their  suc- 
cessors and  assigns  lands,  tenements  and  hereditaments  to  the 
amount  of  ten  thousand  dollars,  and  no  more  at  any  one  time,  with 
power  to  bargain,  sell,  dispose  of  and  convey  the  same;  and  to  loan 
and  negotiate  their  monies  and  effects,  by  discounting  on  banking 
principles  on  such  personal  security  as  they  shall  think  advisable. 

Sec.  3.  And  be  it  further  enacted,  That  the  following  rules,  lim- 
itations and  provisions  shall  form  and  be  the  fundamental  articles 
of  said  Corporation. 

1  st.  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation at  any  one  time  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in  at 
such  time,  and  then  composing  the  capital  stock  of  said  Bank:  and 
in  case  any  cashier,  director  or  other  officer  of  said  Bank,  at  any 
time  shall  knowingly  issue,  or  order,  direct  or  cause  to  be  issued 
and  put  in  circulation  bills  notes  or  obligations  of  said  Bank, 
which,  together  with  those  before  issued  and  then  in  circulation, 
shall  exceed  the  amount  of  the  capital  stock  of  said  Bank  as  afore- 
said, such  cashier,  director  or  other  officer  shall  forfeit  and  pay^  a 
sum  not  exceeding  ten  thousand  dollars  nor  less  than  one  thousand 
dollars. 

2nd.  That  dividends  may  be  made,  semiannually,  among  the 
stockholders  of  said  Bank  of  interest  or  profits  actually  received; 
but  no  part  of  the  capital  stock  of  said  Bank  shall  be  divided  among 
or  paid  to  the  stockholders,  either  before  or  after  the  expiration 
of  the  time  limited  by  this  act  for  the  continuance  of  said  Corpora- 
tion, without  the  license  of  the  Legislature  of  this  State  therefor,  on 
penalty  that  any  cashier,  director  or  other  officer,  who  shall  so  di- 
vide or  pay  the  same,  or  order,  direct,  or  cause  the  same  to  be  done, 
shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars,  nor  less  than  one  thousand  dollars:  Provided  nevertheless, 
that  it  shall  be  lawful  for  the  stockholders,  after  having  given  one 
year's  previous  notice  of  their  intention  by  advertisement  in  two 
newspapers  published  in  this  State,  and  after  payment  of  all  out- 
standing debts  due  from  said  Bank,  to  make  a  division  of  the  cap- 
ital stock  among  themselves,  and  thereby  dissolve  said  Corporation. 

3rd.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank  by  any  means  what- 
ever, it  shall  be  the  duty  of  the  directors  in  their  next  annual  return 
of  the  condition  of  said  Bank  by  law  required  to  be  made  to  the 
Governor  and  Council,  to  state  the  amount  of  such  diminution  or 


4/2  LAWS  OF   NEW  HAMPSHIRE 

loss,  and  the  cause  thereof;  and  after  such  loss  or  diminution,  no 
dividend  of  interest  or  profit  shall  be  made,  until  such  loss  or  dimi- 
nution shall  have  been  replaced  and  supplied  by  assessments  and 
actual  payments  of  the  stockholders,  or  by  appropriations  therefor 
of  the  interest  and  profits  actually  received. 

4th.  That  said  Corporation  shall  not  vest,  use  nor  improve  any 
of  their  monies,  goods,  chattels  or  effects  in  trade  or  commerce;  but 
may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession 
by  way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned  and  interest. 

5th.  That  none  but  a  member  of  said  Corporation,  being  a  cit- 
izen of  this  State  and  resident  therein,  shall  be  eligible  for  a  di- 
rector, and  the  directors  shall  choose  one  of  their  own  number  to 
act  as  President.  The  Cashier  before  he  enters  on  the  duties  of  his 
office  shall  give  bond  with  two  or  more  sureties  to  the  satisfaction 
of  the  Board  of  directors,  in  a  sum  not  less  than  twenty  five  thousand 
dollars,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office. 

6th.  That  for  the  well  ordering  of  the  affairs  of  said  Corpora- 
tion, a  meeting  of  the  stockholders  shall  be  holden  at  such  place  as 
they  shall  direct,  on  the  first  Monday  of  March  annually  from  and 
after  their  first  meeting,  and  at  any  other  time  during  the  continu- 
ance of  said  Corporation  at  such  place  as  may  be  appointed  by  the 
president  and  directors  for  the  time  being  by  publick  notification 
being  given  at  least  two  weeks  prior  thereto:  At  which  annual  meet- 
ing there  shall  be  chosen  by  ballot  seven  Directors  to  continue  in 
office  the  year  ensuing  their  election,  and  until  others  are  chosen 
in  their  stead:  And  the  number  of  votes  to  which  each  stockholder 
shall  be  entitled  shall  be  according  to  the  number  of  shares  he  shall 
hold,  in  the  following  proportion,  that  is  to  say — For  every  one 
share,  one  vote,  for  every  two  shares  above  one  and  not  exceeding 
twenty,  one  vote;  for  every  three  shares  above  twenty,  one  vote; 
provided  that  no  one  stockholder  shall  be  entitled  to  more  than  fif- 
teen votes:  Absent  members  may  vote  by  proxy,  being  authorized 
in  writing,  signed  by  the  person  represented  and  filed  with  the 
Cashier. 

7th.  That  no  director  shall  be  entitled  to  any  emolument  for  his 
services,  but  the  stockholders  may  make  the  president  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8th.  That  no  less  than  four  directors  shall  constitute  a  Board 
for  the  transaction  of  business,  of  whom  the  President  shall  be  one, 
except  in  case  of  sickness,  or  necessary  absence,  in  which  case  the 
directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

gth.  That  all  bills  issued  from  said  Bank  siened  bv  the  Presi- 
dent and  countersigned  by  the  Cashier,  shall  be  binding  on  said 
Corporation. 


LAWS  OF   NEW  HAMPSHIRE  473 

ioth.  That  the  directors  shall  appoint  a  cashier,  clerks,  and 
such  other  agents  or  servants  for  conducting  the  business  of  the 
Bank,  with  such  salaries  as  to  them  shall  seem  just  and  proper. 

nth.  That  the  aforesaid  Bank  shall  be  established  and  kept  in 
the  town  of  Plymouth  in  the  county  of  Grafton. 

1 2th.  That  the  Legislature  shall  at  all  times  have  the  right  by 
persons  duly  appointed  for  that  purpose  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion, and  of  their  officers  relating  to  the  same;  for  which  purpose  all 
the  books  and  papers  of  the  Corporation,  together  with  their  monies 
and  securities  for  money  shall  be  exhibited  and  submitted  to  the 
inspection  and  examination  of  such  persons  so  appointed;  and  each 
officer  of  said  Corporation  shall  answer  on  oath  if  so  required  all 
suitable  and  proper  interrogatories  relating  to  the  state,  condition 
and  transactions  of  said  Bank. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  William  Web- 
ster, Caleb  Keith  and  Josiah  Quincy,  or  any  two  of  them  may  call 
a  meeting  of  the  members  of  said  Corporation  at  such  time  and 
place  as  they  may  see  fit  by  giving  public  notice  thereof  at  least 
two  weeks  prior  to  the  time  of  meeting  by  posting  up  notifications 
therefor  at  some  public  in  the  towns  of  Plymouth,  Wentworth, 
Rumney,  Campton  and  Holderness,  for  the  purpose  of  making, 
ordaining  and  establishing  such  by-laws,  ordinancs  and  regulations 
as  the  said  members  may  deem  necessary,  and  for  the  choice  of 
the  first  Board  of  directors,  and  such  other  officers  as  they  may  see 
fit  to  choose. 

Sec.  5.  And  be  it  further  enacted,  That  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State.  Provided  that  this 
act  shall  be  void  if  the  Corporation  by  this  act  created  shall  neglect 
to  be  organized  and  go  into  operation,  and  shall  not  actually  pay  to 
the  Treasurer  of  this  State  on  or  before  the  first  Wednesday  of 
June,  one  thousand  eight  hundred  and  twenty  seven  one  half  of  one 
per  cent  on  the  amount  which  shall  at  that  time  constitute  the  actual 
capital  of  said  Corporation. 


[Orders,  Resolves  and  Votes  of  a  Legislative  Nature  Passed  During 
This  Session.] 

1825,  June  14. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened;  that  in  conducting  General  Lafayette  from  the  city  of  Boston 
to  the  Capitol  in  this  State  His  Excellency  the  Governor  be  requested  to 
make  such  arrangements,  and  to  order  out  such  military  escort,  as  he  may 
deem  proper  for  the  occasion;  and  the  Quarter  Master  General  is  directed 
to  make  suitable  provision  for  such  Escort. 

And  be  it  further  resolved,  that  a  committee  to  consist  of  two  members 


474  LAWS   OF   NEW  HAMPSHIRE 

on  the  part  of  the  Senate  and  fifteen  on  the  part  of  the  House  be  ap- 
pointed to  make  all  necessary  arrangements  for  the  reception  of  General 
Lafayette,  when  he  shall  arrive  in  the  vicinity  of  the  Capitol,  and  said 
committee,  may  appoint  such  officers  of  the  day  as  they  may  think  proper 
to  carry  such  arrangements  into  effect. 

And  be  it  further  resolved,  that  His  Excellency  the  Governor,  be  au- 
thorized to  draw  on  the  Treasury  for  such  sum  or  sums  of  money,  as  may 
be  necessary  to  carry  into  effect  the  foregoing  Resolutions. 

[House  Journal,  1825,  p.  191.  Senate  Journal,  1825,  p.  106.  Original 
Acts,  vol.  29,  p.  70.] 


1825,  June  16. 

Whereas  it  is  represented  to  the  General  Court  of  this  State  that  conten- 
tions and  disputes  have  arisen  between  the  citizens  of  this  State  and  those 
of  the  Commonwealth  of  Massachusetts  respecting  the  boundary  line 
between  this  State  and  the  Commonwealth  aforesaid:  And  whereas  com- 
missioners have  been  appointed  on  the  part  of  the  Commonwealth  of 
Massachusetts  to  meet  commissioners  who  may  be  appointed  by  this  State 
and  in  conjunction  with  them  to  ascertain  run  and  mark  the  line  between 
this  State  and  the  Commonwealth  aforesaid  and  erect  durable  monuments 
at  such  places  as  they  shall  think  proper  and  effectual  to  prevent  future 
mistakes  and  disputes  respecting  the  same:     Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened;  that  his  Excellency  the  Governor  with  the  advice  of  council  be 
and  hereby  is  authorized  and  requested  to  nominate  and  appoint  three 
suitable  persons  as  commissioners  on  the  part  of  this  State  for  ascertain- 
ing the  boundary  line  between  the  same  and  the  said  commonwealth  of 
Massachusetts.  And  the  said  Commissioners  are  hereby  authorized  and 
empowered  to  meet  such  commissioners  as  have  been  or  who  may  here- 
after be  appointed  on  the  part  of  the  said  Commonwealth  of  Massachu- 
setts, and  vested  with  powers  similar  to  those  herein  conferred  upon  the 
commissioners  hereafter  to  be  appointed  on  the  part  of  this  State;  and 
the  commissioners  appointed  on  the  part  of  this  State  are  hereby  author- 
ized and  empowered  in  conjunction  with  the  commissioners  on  the  part 
of  the  Commonwealth  aforesaid,  as  soon  as  may  be  to  ascertain,  run  and 
mark  such  boundary  line  and  erect  durable  monuments  at  such  places 
as  they  shall  think  proper  and  effectual  to  prevent  future  mistakes  and 
disputes  respecting  the  same. 

And  the  commissioners  on  the  part  of  this  state  are  authorized  and  em- 
powered to  agree  upon  such  principles  respecting  the  runing  of  said  line 
as  from  the  best  evidence  they  can  obtain  may  appear  to  them  just  and 
reasonable;  which  line  when  so  ascertained  shall  forever  afterwards  be 
considered  and  held  to  be  the  just  and  true  boundary  line  of  jurisdiction 
between  this  state  and  the  said  Commonwealth  of  Massachusetts;  and  the 
Commissioners  on  the  part  of  this  State  are  authorized  to  employ  such 
surveyors  and  chain-bearers  as  they  may  think  proper  to  assist  in  duly 
ascertaining  the  line  aforesaid.  And  his  Excellency  the  Governor  is  re- 
quested to  transmit  a  copy  of  these  resolutions  to  the  Governor  of  the 
Commonwealth  of  Massachusetts;  together  with  the  names  of  the  persons 
who  shall  have  been  appointed  commissioners  on  the  part  of  this  State  by 
virtue  of  these  resolutions. 


LAWS  OF   NEW  HAMPSHIRE  475 

And  be  it  further  resolved  that  there  be  paid  out  of  the  Treasury  of  this 
State  to  the  said  Commissioners  a  sum  not  exceeding  five  hundred  Dol- 
lars to  enable  them  to  defray  the  immediate  expenses  of  running  and 
establishing  said  line,  said  Commissioners  to  be  accountable  to  the  General 
Court  for  the  proper  application  of  the  same.  And  the  his  Excellency  the 
Governor  is  hereby  requested  to  draw  his  warrant  on  the  Treasurer  for 
the  same. 

[House  Journal,  1825,  p.  215.  Senate  Journal,  1825,  p.  127.  Original 
Acts,  vol.  29,  p.  70.] 


1825,  June  17. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  following  be  the  Manner  of  receiving  General  Lafay- 
ette by  the  Legislature,  viz. 

His  Excellency  the  Governor  and  the  Honorable  Council  shall  be  seated 
on  the  right  of  Speakers  Chair.  The  honorable  Senate  shall  be  seated 
on  the  left  of  the  Speakers  Chair.    The  House  of  Representatives  in  front 

The  General  shall  be  announced  and  enter  the  South  door,  shall  be  in- 
troduced to  the  seperate  branches  where  he  shall  be  addressed  in  behalf 
of  the  Legislature  by  his  Excellency  the  Governor;  After  which  he  shall 
be  introduced  to  the  Members  of  the  seperate  branches. 

[House  Journal,  1825,  p.  263.  Senate  Journal,  1825,  p.  130.  Original 
Acts,  vol.  29,  p.  71.] 


1825,  June  25. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  His  Excellency  the  Governor  is  hereby  authorized  and  re- 
quested to  present  Major  General  Lafayette,  on  his  visit  to  the  Capitol  of 
this  State,  with  one  of  Carrigain's  finished  Maps  of  New  Hampshire 

[House  Journal,  1825,  p.  345.  Senate  Journal,  1825,  p.  195.  Original 
Acts,  vol.  29,  p.  71.] 


1825,  July  1. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Secretary  of  this  State  be  and  he  hereby  is  directed  and 
required  to  procure  three  suitable  frames  for  the  Fac  Similes  of  the 
Declaration  of  Independence  and  to  cause  one  copy  to  be  suspended  in 
the  Council  Chamber,  the  Senate  Chamber  and  the  Representatives  Hall 
and  that  His  Excellency  the  Governor  draw  on  the  Treasury  for  such  sum 
as  may  be  necessarily  expended  in  procuring  said  frames 

[House  Journal.  1825,  p.  481.  Senate  Journal,  1825,  p.  312.  Original 
Acts,  vol.  29,  p.  72.] 


476  LAWS   OF   NEW   HAMPSHIRE 

1825,  July  I. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened;  that  the  public  and  patriotic  services  of  James  Monroe  of  Vir- 
ginia late  President  of  the  United  States  justly  entitle  him  to  the  regards 
of  a  grateful  people. 

Resolved  that  the  Legislature  of  this  State  entertain  a  high  respect  for 
this  distinguished  citizen  of  Our  Country,  and  feel  a  deep  interest  in  his 
future  health  and  happiness. 

Resolved,  that  His  Excellency  the  Governor,  be  requested  to  transmit 
to  him  a  copy  of  this  Resolution 

[House  Journal,  1825,  p.  317.  Senate  Journal,  1825,  p.  295.  Original 
Acts,  vol.  29,  p.  72.] 


1825,  July  2. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  His  Excellency  the  Governor  be  and  he  hereby  is  author- 
ized and  directed  to  appoint  some  suitable  person  as  an  Agent  to  procure, 
at  the  expense  of  the  State,  (including  Weights  and  Measures  now 
belonging  to  the  State)  a  full  Standard  of  Weights  and  Measures 
conformable  to  the  Standard  of  Weights  and  Measures  established  by 
law  in  the  Commonwealth  of  Massachusetts;  and  the  said  agent  is  hereby 
authorized  and  directed  to  call  on  the  Commissary  General  and  on  any 
other  person  or  persons,  who  may  have  Weights  or  Measures  belonging 
to  the  State,  in  their  possession,  to  deliver  the  same  to  him  the  said  agent 
And  the  said  Agent  is  hereby  directed  to  report  his  doings  to  the  Legisla- 
ture at  the  next  June  Session. 

[House  Journal,  1825,  p.  522.  Senate  Journal,  1825,  p.  360.  Original 
Acts,  vol.  29,  p.  73.] 


1825,  July  2. 

Be  it  Resolved  by  the  Senate  and  house  of  Representatives  in  General 
Court  convened,  that  his  Excellency  the  Governor  be  and  hereby  is  re- 
quested to  make  application  to  the  President  of  the  United  States  to 
depute  such  Engineers  in  the  service  of  the  United  States  as  may  be  con- 
sistant  with  the  regulations  by  him  adopted  for  the  purpose  of  making 
surveys  of  the  several  routes  proposed  for  opening  a  water  communica- 
tion within  this  State— 

And  be  it  further  Resolved  that  the  sum  of  five  hundred  dollars  be  and 
the  same  hereby  is  appropriated  for  the  purpose  of  aiding  in  defraying  the 
expence  of  such  surveys,  in  such  manner  as  his  Excellency  the  Governor 
shall  think  equitable,  and  that  he  be  authorized  to  draw  his  warrant  on 
the  Treasury  therefor 

[House  Journal,  1825,  p.  510.  Senate  Journal,  1825,  p.  340.  Original 
Acts,  vol.  29,  p.  73.] 


LAWS  OF   NEW  HAMPSHIRE  477 

[THIRTY-FIFTH  GENERAL  COURT.] 

[Held  at  Concord,  one  session,  June  7,  1826,  to  July  8,  1826.] 

[OFFICERS  OF  THE  GOVERNMENT.] 

David  L.  Morril,   Governor. 
Richard  Bartlett,  Secretary. 
Dudley  S.  Palmer,  Deputy  Secretary. 
William  Pickering,  Treasurer. 
George  Sullivan,  Attorney  General. 
Matthew  Harvey,  President  of  the  Senate. 
Henry  Hubbard,  Speaker  of  the  House. 

[Members  of  the  Council.] 

Langley  Boardman,  Portsmouth. 

Daniel  Hoit,  Sandwich. 

John  Wallace,  Jr.,  Milford. 

Jotham  Lord,  Jr.,  Westmoreland. 

Caleb  Keith,  Wentworth. 

[Members  of  the  Senate.] 

John  W.  Parsons,  Rye. 

John  Brodhead,  Newmarket. 

Thomas  Chandler,  Bedford. 

Hall  Burgin,  Allenstown. 

Andrew  Peirce,  Dover. 

Benning  M.  Bean,  Moultonborough. 

Jesse  Bowers,  Dunstable. 

Matthew  Harvey,  Hopkinton. 

Asa  Parker,  Jaffrey. 

Stephen  Johnson,  Walpole. 

James  Smith,  Grantham. 

John  W.  Weeks,  Lancaster. 

[Members  of  the  House.] 

rockingham  county. 

Atkinson   and   )  ^ ,        ,  ^ 

™  .  .  \  Edward  Brown. 

Plaistow,  ) 

Brentwood,  Simon  Fellows. 

Candia,  John  Lane. 

Chester,  Samuel  Aiken. 

Samuel  D.  Bell. 


47« 


LAWS   OF   NEW   HAMPSHIRE 


Deerfield, 

East  Kingston  and  ( 

South  Hampton,        j 

Epping, 

Exeter, 

Greenland, 
Hampstead, 
Hampton, 
Hampton  Falls, 
Hawke  and 
Sandown, 
Kensington, 
Londonderry, 

Newcastle, 

Newington, 

Newmarket, 

Newton, 

North  Hampton, 

Northwood, 

Nottingham, 

Poplin, 

Portsmouth, 


Raymond, 

Rye, 

Salem, 

Stratham, 

Windham, 


Gilbert  Chadwick. 
Parker  Merrill. 

Samuel  Laurence. 
Jeremiah  Dow. 
Oliver  W.  B.  Peabody. 
Stephen  Pickering. 
Jesse  Gordon. 
Edmund  Toppan. 
Levi  Lane, 

William  Plumer. 

Jeremy  Batchelder. 
William  Choate,  Jr. 
James  Thorn. 
George  Bell. 
Hanson  Hoit. 
Abner  B.  Stinson. 
Jacob  Gale. 
Ebenezer  Leavitt. 
John  Kelley. 
Samuel  Dame. 
Enoch  Brown. 
Samuel  E.  Coues. 
Estwick  Evans. 
Abner  Greenleaf. 
Hunking  Penhallow. 
Jacob  Wendell. 
John  Folsom. 
Joseph  L.  Lock. 
John  Clindenin. 
Noah  Piper. 
Jeremiah  Morrison. 


STRAFFORD  COUNTY. 


Alton, 
Barnstead, 

Barrington, 
Brookfield  and   ) 
Middleton,  J 

Burton  and   ) 
Chatham,       ( 
Center  Harbor, 
Conway, 


Thomas  Flanders. 
John  Kaime. 
John  Peavey. 
Jacob  D.  Foss. 

David  Davis. 

Luther  Richardson. 

John  Coe. 
Thomas  S.  Abbott. 


LAWS   OF   NEW   HAMPSHIRE 


479 


Dover, 

Daniel  M.  Christie. 

Samuel  Kimball. 

John  Williams. 

Durham, 

Andrew  G.  Smith. 

Eaton, 

Samuel  Atkinson. 

Effingham, 

James  Lord. 

Farmington, 

Joseph  Hammonds. 

Gilford, 

Barnard  Morrill. 

Gilmanton, 

Peter  Clark. 

Benjamin  Emerson. 

Lee, 

Edward  B.  Nealley. 

Madbury, 

James  Y.  Demeritt. 

Meredith, 

Jonathan   Pearson. 

Washington  Smith. 

Milton, 

Hanson  Hayes. 

Moultonborough, 

Isaiah  G.  Orne. 

New  Durham, 

Thomas  Tash,  Jr. 

New  Hampton, 

Nicholas  M.  Taylor. 

Ossipee, 

Ezekiel  Wentworth. 

Rochester, 

David  Barker,  Jr. 

Joseph  Cross. 

Sanbornton, 

James  Clark. 

Samuel  Tilton. 

Sandwich, 

George  F.  Marston. 

Neal  McGaffey. 

Somersworth, 

Joseph  Doe. 

William  W.  Rollins. 

Tamworth, 

Benjamin  Gilman,  Jr 

Tuftonborough, 

Joseph  L.  Pearey. 

Wakefield,  ' 

John  Kimball. 

Wolfeborough, 

Samuel  Fox. 

MERRIMACK 

COUNTY. 

Allenstown, 

Andrew  0.  Evans. 

Boscawen, 

Joseph  Ames. 

• 

Hezekiah  Fellows. 

Bow, 

David  White. 

Bradford, 

Daniel  Millen. 

Canterbury, 

Joseph  M.  Harper. 

Chichester, 

David  M.  Carpenter, 

Francis  N.  Fisk. 

Concord, 

Isaac  Hill. 

Dunbarton, 

John  Gould. 

Epsom, 

William  Ham,  Jr. 

Fishersfield, 

Elijah  Peasley. 

48o 


LAWS   OF   NEW  HAMPSHIRE 


Henniker, 

Hooksett, 
Hopkinton, 

Loudon, 

New  London, 

Northfield, 

Pembroke, 

Pittsfield, 

Salisbury, 

Sutton, 

Warner, 

Wilmot, 


Artemas  Rogers. 
Robert  M.  Wallace. 
Asa  Sawyer. 
Abraham  Brown. 
Bodwell  Emerson. 
Nathan  Batchelder. 
Green  French. 
Israel  Cochran. 
Aaron  Whittemore. 
Ebenezer  Knowlton. 
John  Townsend. 
Reuben  Porter. 
Benjamin  Evans. 
Daniel  George. 
Jabez  Youngman. 


HILLSBOROUGH   COUNTY. 


Amherst, 

Antrim, 

Bedford, 

Brookline, 

Deering, 

Dunstable, 

Francestown, 

Goffstown, 

Greenfield, 

Hancock, 

Hillsborough, 

Hollis, 

Litchfield, 

Lyndeborough, 

Manchester, 

Mason, 

Merrimack, 

Milford, 

Mont  Vernon, 

New  Boston, 

New  Ipswich. 

Nottingham  West, 

Pelham, 

Peterborough, 

Sharon. 

Society  Land  and  "> 

Windsor,  \ 


Robert  Reed. 
George  Duncan. 
William  Riddle. 
Thomas  Bennett. 
William  McKeen. 
Benjamin  F.  French. 
Ebenezer  F.  Ingalls. 
Alexander  Wilson. 
Jesse  Carr. 
William  Whittemore. 
Joseph  Symonds. 
Thomas  Wilson. 
Benjamin  M.  Farley. 
Moses  Chase. 
Joseph  Jones. 
Isaac  Huse. 
John  Stevens. 
Henry  T.  Ingalls. 
Josiah  French. 
John  Bruce. 
Benjamin  Fairfield. 
Charles  Barrett. 
Caleb  S.  Ford. 
Samuel  M.  Richards. 
Jonathan  Smith. 
James  Law. 

John  Dodge. 


LAWS   OF   NEW  HAMPSHIRE 


481 


Temple, 

David  Stiles. 

Weare, 

Amos  W.  Bailey. 

Tristram  Eaton. 

Wilton, 

Jonathan  Burton. 

CHESHIRE  COUNTY. 

Acworth, 

David  Blanchard. 

Alstead, 

Azel  Hatch. 

Charlestown, 

Henry  Hubbard. 

Chesterfield, 

Job  Putnam. 

Claremont, 

Rufus  Handerson. 

Thomas  Woolson. 

Cornish, 

Benjamin    Chapman 

Croydon, 

Carlton  Barton. 

Dublin, 

Joseph  Appleton. 

Fitzwilliam, 

Levi  Chamberlain. 

Gilsum  and  ) 
Surry,             ) 

Francis  Holbrook. 

Goshen, 

Oliver   Booth. 

Grantham, 

John  Gove,  Jr. 

Hinsdale, 

Abraham  Hinds. 

Jaffrey, 

Oliver  Prescott. 

Keene, 

Joel  Parker. 

James  W'ilson,  Jr. 

Langdon, 

Samuel  Egerton. 

Lempster, 

William  Carey. 

Marlborough, 

Joseph  Frost. 

Marlow, 

Elijah  Huntley. 

Nelson, 

Ezra  Wardwell. 

Newport, 

David  Allen. 

Plainfield, 

Reuben  True. 

Richmond, 

Joseph  Weeks. 

Rindge, 

Amos  Keyes. 

Springfield, 

Joseph  Nichols. 

Stoddard, 

Francis  Matson. 

Sullivan, 

John  Wilson. 

Swanzey, 

Elijah  Sawyer. 

Trov, 

Ezekiel  Rich. 

Unity, 

Tames  A.  Gregg. 

Walpole. 

William  G.  Field. 

Washington, 

Jacob  S.  Gould. 

Wendell, 

John  Young. 

Westmoreland, 

Larkin  Baker. 

Winchester, 

Horace  Chapin. 

81 


482 


LAWS   OF   NEW  HAMPSHIRE 


GRAFTON  COUNTY. 


Alexandria, 

Bath, 

Bridgewater, 

Bristol, 

Campton, 

Canaan, 

Danbury   and    | 

Orange,  j 

Dorchester, 

Enfield, 

Franconia, 

Bethlehem  and    } 

Lincoln,  J 

Grafton, 

Groton  and  \ 

Hebron,        \ 

Hanover, 

Haverhill, 
Holderness, 
Landaff, 
Lebanon, 


Lisbon, 

Littleton, 

Lyman, 

Lyme, 

New  Chester, 

Orford, 

Peeling  and 

Ellsworth, 

Piermont, 

Plymouth, 

Rumney, 

Thornton, 

Warren  and 

Coventry, 

Wentworth, 


Benjamin  Keniston. 
John  Clement. 
Joseph  W.  Pearson. 
James  Minot. 
John  Rogers. 
Elijah  Blaisdell. 

Samuel  Clifford. 

Caleb  Blodgett. 
John  Jones. 

Isaac  Smith. 

Richard  Whittier. 
John  Nevens,  Jr. 

Elijah   Miller. 
James  Pool. 
John  L.  Corliss. 
Walter  Blair. 
Daniel  Clark. 
William  Benton. 
Samuel  Young. 
Jonathan  Bowles. 
Nathaniel  Rix,  Jr. 
John  Moulton. 
Nathaniel  Lambert. 
Samuel  Murray. 
John  Rogers. 

Thomas  Vincent,  Jr. 

Joseph  Sawyer. 
Samuel  C.  Webster. 
Samuel  Burns. 
Enoch  Colby,  Jr. 

Jacob  Patch. 

Jonathan  Eames. 


coos  COUNTY. 


Adams  and 
Bartlett, 
Colebrook   and    ) 
Columbia,  ( 


John  Pendexter,  Jr. 
Hezekiah  Parsons. 


LAWS  OF   NEW  HAMPSHIRE 


483 


Dalton  and  | 
Whitefield,  j 
Jefferson,  ] 

Shelburne, 
Randolph, 

Shelburne  Addition,  \ 
Kilkenny, 

Bretton  Woods  and  | 
Nash  &  Sawyer's 

Location,  J 

Lancaster, 
Northumberland,    ] 
Stratford  and 
Milan,  J 

Stewartstown,    ] 
Dixville,  [ 

Millsfield  and 
College  Grant,  J 


John  M.  Gove. 


William  Chamberlain. 


Richard  Eastman. 
Nathan  Baldwin. 

Gideon  Tirrill. 


484  LAWS  OF   NEW  HAMPSHIRE 

[First  Session,  held  at  Concord,  June  7,  8,  g,  10,  12,  13,  14,  15,  16, 
17,  19,  20,  21,  22,  23,  24,  26,  27,  28,  29,  30,  July  1,  3,  4,  5, 
6,  7,  8,  1826.] 


[CHAPTER  1.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  to  incorporate  the   Cheshire  Sacred  Musical  So- 
ciety 

[Approved  June  17,  1826.  Original  Acts,  vol.  29,  p.  75;  recorded  Acts, 
vol.  23,  p.  175.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened;  That  Eliphalet  Briggs 
Junior,  Allen  Slade,  Elpihalet  Dort,  Joseph  Frost  Junior,  William 
Wilson  Junior,  Elisha  Hatch,  Jonathan  E.  Davis,  Samuel  Slade 
Junior,  William  Banks  second,  Nathan  D.  Reed  and  William  Hay- 
ward,  their  associates  and  successors,  be,  and  they  are  hereby  made 
a  body  politic  and  corporate,  by  the  name  of  the  Cheshire  Sacred 
Musical  Society,  in  the  County  of  Cheshire,  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  Judgment  and  execu- 
tion, and  are  hereby  vested  with  all  the  powers  and  privileges,  and 
subjected  to  all  the  liabilities  incident  to  corporations  of  a  similar 
nature,  and  may  purchase  and  hold  personal  estate  to  any  amount 
not  exceeding  five  hundred  dollars  for  the  purposes  of  said  society, 
and  the  same  may  sell  convey  and  dispose  of  at  pleasure. 

Section  2.  And  be  it  further  enacted;  That  the  said  Eliphalet 
Briggs  Junior,  Allen  Slade  and  William  Wilson  Junior  or  any  two 
of.  them  may  call  the  first  meeting  of  said  society,  by  publishing  a 
notice  in  the  New  Hampshire  Sentinel  printed  at  Keene,  or  by 
giving  personal  notice  to  each  member  aforesaid,  of  the  time,  place, 
and  design  of  said  meeting,  at  least  seven  days  before  said  meeting, 
at  which,  or  at  an  adjournment  of  the  same  the  members  may  make 
any  bye-laws  for  the  regulation  and  government  of  said  society,  not 
repugnant  to  the  laws  of  the  State,  and  do  and  transact  any  busi- 
ness necessary  to  carry  into  effect  the  objects  of  said  association. 


LAWS  OF  NEW  HAMPSHIRE  485 

[CHAPTER  2.] 

State  oj  I 

New  Hampshire.  \ 

An  act  to  authorize  the  proprietors  of  the  Hampton  caus- 
way  turnpike  corporation  to  surrender  their  road. 

[Approved  June  19,  1826.  Original  Acts,  vol.  29,  p.  76;  recorded  Acts, 
vol.  23,  p.  176.  Session  Laws,  1826,  Chap.  2.  See  acts  of  June  18,  1807, 
Laws  of  New  Hampshire,  vol.  7,  p.  610;  December  23,  1808,  id.,  p.  779,  and 
resolution  of  June  25,  1821,  ante,  p.  61.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  the  proprietors  of  the 
Hampton  causway  turnpike  corporation  are  hereby  authorized  and 
impowered  to  relinquish  and  surrender  their  turnpike  road  to  the 
towns  of  Hampton  and  Hampton-falls  for  a  valuable  consideration, 
in  order  that  said  road  may  become  a  free  public  highway  in  the 
same  way  and  manner  as  if  the  same  had  been  originally  laid  out 
by  the  Select  men  of  the  said  respective  towns  through  which  the 
same  passes,  and  the  said  proprietors,  and  said  towns  are  each  here- 
by impowered  to  do  and  transact  any  thing  necessary  to  effect  the 
purpose  aforesaid — 

Section  2.  And  be  it  further  enacted,  that  whenever  the  con- 
tracts between  the  said  Proprietors  and  the  said  towns,  for  the 
purpose  of  accomplishing  the  objects  aforesaid,  shall  have  been 
entered  into  and  completed  to  their  mutual  satisfaction,  a  certificate 
of  such  fact,  signed  by  a  majority  of  the  directors  of  said  turnpike 
Corporation,  and  by  a  majority  of  the  Selectmen  of  each  of  said 
towns  attested  by  some  Justice  of  the  peace,  shall  be  published  in 
some  Newspaper  printed  at  Portsmouth,  and  an  attested  copy  of 
such  certificate  shall  be  filed  in  the  Secretary's  office,  and  thence- 
forth the  tolls  on  said  road  shall  cease,  and  said  road  shall  be 
established,  and  in  every  respect  considered  as  a  free  public  high- 
way, and  said  towns  shall  be  liable  to  support  and  keep  said  road 
in  repair  in  the  same  way  and  manner  as  if  the  same  had  been  duly 
laid  out  by  the  Selectmen  of  the  said  several  towns  through  which 
the  same  passes,  and  said  turnpike  corporation  shall  forever  after 
cease  to  exist  as  such.  Reserving  however  to  said  turnpike  corpo- 
ration the  right  to  sell  and  dispose  of  all  their  real  and  personal  es- 
tate except  said  road,  and  to  collect  and  receive  all  sums  that  now 
are  or  hereafter  may  be  due  to  said  turnpike  corporation. 

Section  3.  And  be  it  further  enacted,  that  said  towns  may  by 
tax,  loan  or  otherwise,  raise  such  sums  as  they  may  judge  to  be 
proper  for  the  purposes  aforesaid — 


486  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  3.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  establish  a  Corporation,  by  the  name  of  Fire  en- 
gine COMPANY  NO.  2.  IN  KeENE. 

[Approved  June  19,  1826.  Original  Acts,  vol.  29,  p.  77;  recorded  Acts, 
vol.  23,  p.  178.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  That  Asa  L.  Stone,  John 
Hunt,  and  Samuel  Chapman,  their  associates  and  successors,  be, 
and  they  hereby  are  made  a  corporation  by  the  name  of  Fire  En- 
gine Company  No.  2.  in  Keene,  and  that  they  be,  and  hereby  are 
vested  with  the  powers  and  privileges,  and  made  subject  to  the  lia- 
bilities incident  to  similar  corporations,  and  may  hold  real  and 
personal  estate  not  exceeding  in  value  one  thousand  dollars. — 

Section  2.  And  be  it  further  enacted,  that  any.  two  of  the  per- 
sons herein  named,  may  call  the  first  meeting  of  said  company,  at 
such  time  and  place  as  they  may  deem  expedient,  by  posting  up  a 
notification  at  some  public  place  in  Keene  at  least  seven  days  prior 
to  the  time  of  holding  the  same,  at  which  meeting  said  corporation 
may  organize,  and  at  the  same  or  any  subsequent  meeting  duly 
holden  in  pursuance  of  the  votes  or  regulations  of  said  corpora- 
tion, may  elect  such  officers,  make  such  rules  and  regulations  for 
the  government  of  said  company,  not  repugnant  to  the  laws  of  the 
State;  order  such  assessments  and  transact  such  business  as  may 
be  necessary  to  carry  into  effect  the  purposes  intended  by  this  act. 

[CHAPTER  4.] 

State  0}  } 

New  Hampshire.  \ 

An  Act  to  enlarge  the  capital  of  the  Dover  Manufacturing 
company. 

[Approved  June  20,  1826.  Original  Acts,  vol.  29,  p.  78;  recorded  Acts, 
vol.  23,  p.  179.  See  acts  of  December  1=;,  1812,  Laws  of  New  Hampshire, 
vol.  8,  p.  168;  June  21,  1820,  id.,  p.  qoi  ;  December  22,  1820,  id.,  p.  994;  June 
21,  1821,  ante,  p.  11,  and  June  18,  1823,  ante,  p.  182.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  the  Dover  Manufac- 
turing company  is  hereby  authorized  and  empowered  to  acquire  by 
purchase  or  otherwise  and  to  hold  and  enjoy  such  real  or  personal 
estate  as  may  be  necessary  and  useful  in  conducting  the  business  of 


LAWS  OF   NEW  HAMPSHIRE  487 

said  corporation.  Provided  the  estate  held  by  said  corporation 
shall  not  at  any  one  time  exceed  fifteen  hundred  thousand  dollars, 
any  thing  in  the  act  creating  said  Corporation,  or  the  acts  in  addi- 
tion thereto,  to  the  contrary  notwithstanding. 


[CHAPTER  5.] 

State  of  } 

New  Hampshire.  ] 

An  act  empowering  the  firewards  in  the  several  towns  in 
this  State  to  make  rules  and  regulations  respecting  fires. 

[Approved  June  20,  1826.  Original  Acts,  vol.  29,  p.  79;  recorded  Acts, 
vol.  23,  p.  179.  Session  Laws,  1826,  Chap.  5.  See  also  acts  of  April  6,  1781, 
Laws  of  New  Hampshire,  vol.  4,  p.  380;  June  17,  1794,  id.,  vol.  6,  p.  188; 
June  27,  1818,  id.,  vol.  8,  p.  723;  December  20,  1824,  ante,  p.  350;  December 
2i,  1824,  ante.  p.  359,  and  July  3,  1830,  Session  Laws,  1830,  Chap.  45.  This 
act  repeals  act  of  November  30,  1803,  Laws  of  New  Hampshire,  vol.  7, 
p.  169.    Repealed  by  act  of  December  16,  1828,  post.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened;  That  the  firewards  or  the 
major  part  of  them,  in  the  several  towns  in  this  State,  be  and  they 
are  hereby  empowered,  from  time  to  time,  to  make  and  ordain  such 
rules  and  regulations  not  repugnant  to  any  law  of  this  State,  re- 
specting the  kindling,  guarding,  and  safe  keeping  of  fires,  and  also 
for  the  prevention  and  extinguishing  of  fires,  or  for  clearing  away 
shavings,  chips,  or  any  combustible  matter,  that  may  be  thought 
dangerous,  from  any  house,  store,  workshop,  wharf  or  street,  as 
they  in  their  judgment  may  think  proper.  And  such  rules  and  reg- 
ulations signed  by  the  major  part  of  the  firewards,  shall  be  recorded 
in  the  records  of  the  town,  and  copies  of  the  record  attested  by 
the  town  Clerk,  shall  be  posted  up  in  two  or  more  publick  places 
in  the  town,  at  least  thirty  days  before  such  rules  and  regulations 
shall  take  effect.  And  the  said  firewards  shall  have  full  power  to 
annex  such  penalties,  for  the  breach  of  any  one  or  all  of  such  rules 
and  regulations,  as  they  may  deem  necessary  not  exceeding  twenty 
dollars  for  each  offence;  and  such  regulations  shall  be  in  force 
until  altered  by  the  laws  of  the  State,  or  by  the  major  part  of  the 
firewards  in  such  town. 

Section  2.  And  be  it  further  enacted  that  all  penalties  incurred 
by  any  breach  of  the  rules  and  regulations  so  made,  may  be  recov- 
ered by  action  of  debt  before  any  court  competent  to  try  the  same, 
which  action  may  be  instituted  by  the  major  part  of  the  firewards 
in  the  name  and  behalf  of  the  town  where  the  offence  was  com- 
mitted, and  all  penalties  recovered  shall  be  appropriated  by  the 
firewards   to   the   purchase   or    repair   of   engines,    or   instruments 


4§S  LAWS   OF   NEW  HAMPSHIRE 

proper  to  be  used  in  case  of  fire,  or  shall  be  paid  into  the  treasury 
of  the  town.  And  all  actions  for  the  recovery  of  any  penalty  within 
the  jurisdiction  of  a  Justice  of  the  peace  may  be  sued  and  prose- 
cuted before  any  Justice  within  the  County  where  the  offence  was 
committed,  and  it  shall  be  no  cause  of  exception  to  any  such  Jus- 
tice that  he  resides  or  has  property  within  the  town  where  the 
offence  was  committed. 

Section  3.  And  be  it  further  enacted,  that  an  act,  entitled  "an 
act  in  addition  to  an  act  to  regulate  the  proceedings  for  extinguish- 
ing fires,  that  may  be  accidentally  or  otherwise  kindled"  passed 
November  30.  A.D.  1803,  be,  and  the  same  is  hereby  repealed. 
Provided  however,  that  all  rules  and  regulations  made  by  the 
firewards  of  any  town  in  pursuance  of  said  act  shall  be  and  remain 
in  force  as  if  the  same  had  been  made  under  the  provisions  of  this 
act  on  the  same  being  recorded  in  the  town  records,  and  all  penal- 
ties heretofore  incurred  for  any  breach  of  such  rules  and  regula- 
tions, may  be  recovered  in  the  same  manner  as  if  this  act  had  not 
been  passed 


[CHAPTER  6.] 


State  of  ) 

New  Hampshire.  \ 


An   act    to   incorporate    the    Remsen    manufacturing    COM- 
PANY— 

[Approved  June  20,  1826.  Original  Acts,  vol.  20,  p.  80;  recorded  Acts, 
vol.  23,  p.  181.  By  the  act  of  June  20,  1827,  post,  the  name  was  changed  to 
Columbian  Manufacturing  Company.  See  also  acts  of  July  2,  1846,  Session 
Laws,  1846,  Private  Acts,  Chap.  454,  and  June  26,  1874,  id.,  1872-76,  p.  385.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  court  convened. 

That  Silas  Bullard.  his  associates  and  successors,  be,  and  they 
hereby  are  incorporated  and  made  a  body  politic  forever  by  the 
name  of  the  Remsen  manufacturing  company;  and  in  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  Judgment  and 
execution:  and  shall  be,  and  hereby  are  vested  with  all  the  powers 
and  privileges  which  by  law  are  incident  to  corporations  of  a  sim- 
ilar nature;  and  also  may  have  and  use  a  common  seal,  which  they 
may  break,  alter  or  renew  at  pleasure. 

Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
be,  and  the  same  hereby  is  authorized  and  empowered  to  carry  on 
the  manufacture  of  cotton,  woollen  and  other  goods,  and  such  other 
branches  of  trade  and  manufacture  as  may  be  usefully  carried  on 
by  said  Corporation  at  Mason  in  the  County  of  Hillsborough,  and 


LAWS   OF   NEW  HAMPSHIRE  4^9 

may  erect  such  mills,  dams,  works,  machines  and  buildings  as  may 
be  necessary  for  carrying  on  these  useful  manufactures  and 
branches  of  business. 

Section  3.  And  be  it  further  enacted,  that  the  said  Corporation 
be  and  the  same  is  hereby  authorized  to  acquire  by  purchase  or 
otherwise,  and  to  hold  and  enjoy  such  real  or  personal  estate  as 
may  be  necessary  or  useful  in  conducting  the  business  of  said  Cor- 
poration, and  the  same  to  sell,  convey,  and  dispose  at  pleasure; 
provided  the  estate  held  by  said  corporation  shall  not  at  any  time 
exceed  three  hundred  thousand  dollars.  And  the  said  capital  or 
joint  stock,  may  be  divided  into  as  many  shares  as  the  proprietors 
at  any  legal  meeting  shall  agree  and  decide;  and  in  like  manner 
the  proprietors  may- agree  on  the  manner  of  transferring  them;  and 
may  elect  an  agent  or  agents,  and  such  other  officers  and  servants 
as  may  be  deemed  necessary,  and  prescribe  their  respective  duties; 
may  order  assessments  and  fix  the  time  of  their  payment;  may 
limit  the  amount  which  said  assessments  shall  not  exceed,  without 
the  consent  of  all  the  proprietors;  may  pass  by  laws  for  their  regu- 
lation and  government,  and  may  do  and  transact  any  other  business 
in  relation  to  the  concerns  and  for  the  benefit  of  said  Corporation. 
All  Elections,  and  all  other  questions,  if  requred,  shall  be  deter- 
mined by  a  majority  of  votes  present  or  represented  at  any  meet- 
ing, accounting  and  allowing  one  vote  to  each  share  in  all  cases, 
and  all  representations  shall  be  in  writing  signed  by  the  person  rep- 
resented, and  filed  with  the  clerk. 

Section  4.  And  be  it  further  enacted  that  the  shares  in  said 
Corporation  shall  be  liable  and  holden  for  all  assessments  legally 
made  thereon,  and  upon  the  nonpayment,  of  such  assessments  or 
any  part  thereof  within  the  time  fixed  for  their  payment,  the  treas- 
urer may  proceed  in  the  manner  prescribed  in  the  by  laws  of  said 
Corporation  to  advertise  and  sell  at  public  auction,  such  delinquent 
shares,  or  so  many  of  them  as  may  be  necessary  to  pay  the  sums 
due  thereon  with  incidental  charges. 

Section  5.  And  be  it  further  enacted,  That  the  said  Silas  Bill- 
iard may  call  the  first  meeting  of  the  members  of  said  Corporation, 
to  be  holden  at  any  suitable  time  and  place,  by  publishing  a  notice 
thereof  in  the  Newspaper  printed  in  Amherst  in  the  County  afore- 
said, at  least  ten  days  before  said  meeting,  or  by  giving  to  said 
members  personal  notice  thereof  at  least  five  days  prior  thereto. 


49°  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  7.] 

State  of  I 

New  Hampshire.  \ 

An  act  in  addition  to  an  act  entitled  "an  act  to  incorporate 
Isaac  Wendell  and  others  by  the  name  of  the  Great  falls 
Manufacturing  Company" 

[Approved  June  21,  1826.  Original  Acts,  vol.  29,  p.  81;  recorded  Acts, 
vol.  23,  p.  184.  The  act  referred  to  is  dated  June  11,  1823,  ante,  p.  175.  See 
also  acts  of  June  13,  1828,  post;  July  10,  1846,  Session  Laws,  1846,  Private 
Acts,  Chap.  447;  December  28,  1848,  id.,  1848,  November  session,  Private 
Acts,  Chap.  789,  and  July  8,  1862,  id.,  1862,  Private  Acts,  Chap.  2679.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  Convened,  That  the  great  Falls  manufacturing  com- 
pany is  hereby  authorized  and  empowered  to  acquire  by  purchase 
or  otherwise  and  to  hold  and  enjoy  such  real  or  personal  estate  as 
may  be  necessary  and  useful  in  conducting  the  business  of  said 
Factory;  Provided  the  estate  held  by  said  Corporation  shall  not 
at  any  one  time  exceed  one  million  dollars,  any  thing  contained  in 
the  act  to  which  this  is  an  addition  to  the  contrary  notwithstanding 


[CHAPTER  8.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Pittsfield  manufacturing  com- 
pany— 

[Approved  June  21,  1826.  Original  Acts,  vol.  29,  p.  82;  recorded  Acts, 
vol.  23,  p.  184.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  James  Joy,  Nathan  B. 
Folsom,  John  N.  Sherburne,  their  associates  and  successors,  be, 
and  they  hereby  are  incorporated  and  made  a  body  politic  forever 
by  the  name  of  the  Pittsfield  Manufacturing  company;  and  in  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  Judg- 
ment and  execution,  and  shall  be,  and  hereby  are  vested  with  all 
the  powers  and  priveleges  which  by  law  are  incident  to  corporations 
of  a  similar  nature,  and  also,  may  have  and  use  a  common  seal, 
which  they  may  break,  alter  or  renew  at  pleasure. 

Section  2.  And  be  it  further  enacted,  That  the  said  Corpora- 
tion be,  and  the  same  hereby  is  authorized  and  empowered  to  carry 
on  the  manufacture  of  Cotton,  Woollen,  and  other  goods,  and  such 


LAWS   OF    NEW   HAMPSHIRE  49 l 

other  branches  of  trade  and  Manufacture  as  may  be  necessarily 
and  conveniently  connected  therewith  at  Pittsfield  in  the  County 
of  Merrimack;  and  may  erect  such  mills,  dams,  works,  machines 
and  buildings,  as  may  be  necessary  for  carrying  on  these  useful 
manufactures  and  branches  of  business. 

Section  3.  And  be  it  further  enacted,  That  the  said  Corpora- 
tion be,  and  the  same  hereby  is  authorized  to  acquire  by  purchase 
or  otherwise,  and  to  hold  and  enjoy  such  real  or  personal  estate  as 
may  be  necessary  or  useful  in  conducting  the  business  of  said  Cor- 
poration, and  the  same  to  sell,  convey  and  dispose  of  at  pleasure; 
provided  the  estate  held  by  said  Corporation  shall  not  at  any  time 
exceed  five  hundred  thousand  dollars.  And  the  said  capital,  or 
joint  stock,  may  be  divided  into  as  many  shares  as  the  proprietors 
at  any  legal  meeting  shall  agree  and  decide;  and  in  like  manner 
the  proprietors  may  agree  on  the  manner  of  transferring  them; 
and  may  elect  an  agent  or  agents,  and  such  other  officers  and 
servants  as  may  be  deemed  necessary,  and  prescribe  their  respective 
duties;  may  order  assessments  and  fix  the  time  of  their  payment, 
may  limit  the  amount  which  said  assessments  shall  not  exceed, 
without  the  consent  of  all  the  proprietors;  may  pass  by  laws  for 
their  regulation  and  government,  and  may  do  and  transact  any 
other  business  in  relation  to  the  concerns,  and  for  the  benefit  of 
said  Corporation.  All  elections,  and  all  other  questions,  if  re- 
quired, shall  be  determined  by  a  majority  of  votes  present  or 
represented  accounting  and  allowing  one  vote  to  each  share  in  all 
cases;  and  all  representations  shall  be  in  writing,  signed  by  the 
person  represented,  and  filed  with  the  clerk. 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
corporation  shall  be  liable  and  holden,  for  all  assessments  legally 
made  thereon,  and  upon  the  non  payment  of  such  assessments,  or 
any  part  thereof,  within  the  time  fixed  for  their  payment,  the  Treas- 
urer may  proceed  in  the  manner  prescribed  in  the  by-laws  of  said 
Corporation  to  advertise  and  sell  such  delinquent  shares,  or  so  many 
of  them  as  may  be  necessary  to  pay  the  sums  due  thereon  with  in- 
cidental charges. 

Section  5.  And  be  it  further  enacted,  that  the  three  persons 
before  named,  or  any  two  of  them,  may  call  the  first  meeting  of 
the  members  of  said  corporation,  to  be  holden  at  any  suitable  time 
and  place,  by  publishing  a  notice  thereof  in  some  newspaper  printed 
in  Portsmouth  at  least  ten  days  before  said  meeting. 


492  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  9.] 

State  of  I 

New  Hampshire,  j 

An  act  to  incorporate  Strafford  Lodge  numbered  twenty 
nine. 

[Approved  June  21,  1826.  Original  Acts,  vol.  29,  p.  83;  recorded  Acts, 
vol.  23,  p.  187.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  John  Tapley,  Andrew 
Peirce,  Nathaniel  R.  Hill,  Richard  Walker,  George  Piper  Moses 
Paul,  James  B.  Varney,  Benjamin  Wiggin,  Isaac  L.  Folsom,  Andrew 
Steel,  John  Williams  and  James  Richardson,  and  all  persons  who 
may  hereafter  become  members  of  said  Lodge  be  and  they  hereby 
are  made  a  body  corporate  by  the  name  of  Strafford  Lodge  No.  29. 
in  the  town  of  Dover.  And  the  said  Corporation  is  hereby  empow- 
ered to  hold  and  possess  Real  and  personal  estate  not  exceeding  in 
value  Five  thousand  dollars,  and  the  same  may  sell,  dispose  of, 
transfer  and  convey  at  their  pleasure — and  that  they  be  invested 
with  all  the  rights  powers  and  priveleges  incident  to  similar  corpo- 
rations 

Section  2.  And  be  it  further  enacted,  That  John  Tapley,  An- 
drew Peirce,  and  George  Piper  or  either  two  of  them,  may  call  the 
first  meeting  of  said  Corporation,  by  causing  notice  thereof  to  be 
published  in  either  of  the  newspapers  printed  in  Dover  one  week 
previous  to  the  day  of  meeting,  at  which  meeting,  or  at  such  sub- 
sequent meeting  as  they  may  order,  may  elect  such  officers,  and 
adopt  such  regulations  and  by  laws,  not  repugnant  to  the  laws  of 
this  State  for  the  government  of  said  Corporation  as  they  may  deem 
expedient. 

[CHAPTER  10.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Brookline  Fire  Engine  Company 

number  one. 

[Approved  June  22,  1826.  Original  Acts,  vol.  29,  p.  84;  recorded  Acts, 
vol.  23,  p.  188.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened, 

That  Ensign  Bailey,  Luther  Shattuck  and  James  Wallace  and 


LAWS   OF   NEW  HAMPSHIRE  493 

their  associates  and  successors  be  and  they  hereby  are  incorporated 
and  made  a  body  politic  by  the  name  of  the  Brookline  Engine  Com- 
pany No.  i.  and  by  that  name  are  hereby  vested  with  all  the 
powers  and  priveleges  and  subjected  to  all  the  duties  and  liabilities 
of  similar  corporations. 

Section  2.  and  be  it  further  enacted  that  said  Corporation  is 
authorized  and  empowered  to  hold  and^  possess  real  and  personal 
estate  not  exceeding  in  value  one  thousand  dollars  and  to  sell  or 
otherwise  dispose  of  the  same  as  they  may  see  fit — 

Section  3.  And  be  it  further  enacted  that  the  said  Ensign 
Bailey,  Luther  Shattuck  and  James  Wallace  or  any  two  of  them 
may  call  the  first  meeting  of  said  Corporation  by  giving  personal 
notice  to  each  member  thereof  at  least  thee  days  prior  to  such 
meeting  of  the  time  and  place  of  holding  the  same 


[CHAPTER  11.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  annex  certain  Islands  to  the  town  of  Gilford. 

[Approved  June  22,  1826.  Original  Acts,  vol.  29,  p.  85;  recorded  Acts, 
vol.  23,  p.  189.     Session  Laws,  1826,  Chap.  11.] 

Be  it  Enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened;  That  Dimon  island,  Fishers  island,  Sam- 
uel Thompson's  island,  Thompson's  island,  Timber  Island  and 
Mark  island,  all  lying  in  Winnepisseogee  lake  and  near  the  South- 
erly shore  thereof,  shall  be  annexed  to  the  town  of  Gilford  in  the 
County  of  Strafford,  and  hereafter  shall  constitute  and  form  a  part 
of  said  town  of  Gilford. 


[CHAPTER  12.] 


State  oj  ) 

New  Hampshire.  \ 


An  act  for  the  relief  of  Prisoners. 

[Approved  June  22,  1826.  Original  Acts,  vol.  29,  p.  86;  recorded  Acts, 
vol.  23,  p.  189.     Session  Laws,  1826,  Chap.  12.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened; 

That  the  Justices  of  the  Court  of  Common  Pleas  shall  be,  and 
they  are  hereby  authorized  and  empowered  to  allow  the  Several 


494  LAWS  OF   NEW  HAMPSHIRE 

gaolers  in  this  State  a  reasonable  compensation,  to  be  paid  out  of 
the  several  County  treasuries,  for  necessary  clothing  bedding  fuel 
and  medical  attendance  by  them  respectively  furnished,  for  prison- 
ers in  their  custoday  on  criminal  process  since  the  first  tuesday 
of  September  in  the  year  of  our  Lord  eighteen  hundred  and  twenty 
four,  and  for  necessary  clothing,  bedding  fuel  and  medical  attend- 
ance to  be  hereafter  furnished  as  aforesaid,  any  law  usage  or  cus- 
tom to  the  contrary  notwithstanding. 


[CHAPTER  13.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  establish  a  corporation  by  the  name  of  Meridian 
sun  Lodge  number  twenty  five. 

[Approved  June  22,  1826.  Original  Acts,  vol.  29,  p.  87;  recorded  Acts, 
vol.  23,  p.  190.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Abram  Thomas  Charles 
Abbot,  William  Morrison,  Daniel  Clark  and  Samuel  Ross,  and  all 
persons  who  may  hereafter  become  members  of  said  Lodge  be  and 
they  hereby  are  made  a  body  corporate  and  politic  forever  by  the 
name  of  Meridian  Sun  Lodge  No.  25.  in  the  town  of  Bath,  and 
the  said  Corporation  is  hereby  empowered  to  hold  and  possess, 
real  and  personal  estate  not  exceeding  in  value  the  sum  of  two 
thousand  dollars,  and  invested  with  all  the  powers  rights  and  priv- 
eleges  of  Corporations  of  a  similar  nature. 

Section  2  And  be  it  further  enacted  that  the  said  Charles  Abbot 
may  call  the  first  meeting  of  said  lodge  by  giving  personal  notice  of 
the  time  and  place  of  holding  the  same  to  each  member  thereof,  or 
by  posting  up  a  notification  thereof  in  some  publick  place  in  the 
town  of  Bath  ten  days  before  the  time  of  holding  the  same  at  which 
meeting  or  at  any  subsequent  meeting,  the  members  of  said  lodge 
may  elect  such  officers  and  adopt  such  by-laws  and  regulations  not 
repugnant  to  the  Constitution  and  laws  of  this  State  as  they  may 
deem  expedient  and  necessary  to  carry  into  effect  the  objects  of  this 
act. 


LAWS   OF   NEW   HAMPSHIRE  495 

[CHAPTER  14.] 


State  oj  I 

New  Hampshire.  \ 


An  act,  in  addition  to  an  act,  entitled  "an  act,  to  establish 
a  Court  of  Common  Pleas  for  the  State  of  New  Hampshire 

[Approved  June  22,  1826.  Original  Acts,  vol.  29,  p.  88;  recorded  Acts, 
vol.  23,  p.  191.  Session  Laws,  1826,  Chap.  14.  Laws,  1830  ed.,  p.  37S.  The 
act  referred  to  is  probably  dated  December  20,  1824,  ante,  p.  352.  See  also 
act  of  June  23,  1823,  ante,  p.  201.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  the  Court  of  Common 
Pleas  shall  have  the  same  power,  jurisdiction  and  authority  in  rela- 
tion to  the  appointment  of  auditors  as  are  by  law  vested  in  the 
Superior  Court  of  Judicature,  and  the  Auditor  or  auditors  appointed 
by  said  Court  of  Common  Pleas  shall  have  the  same  power  and 
authority  as  are  by  law  vested  in  auditors  appointed  by  said  Supe- 
rior Court,  and  the  reports  of  such  auditors  made  to  said  Court  of 
Common  Pleas  shall  have  the  same  force  and  effect  as  the  reports 
of  Auditors  appointed  by  said  Superior  Court. 


[CHAPTER  15.] 

State  of  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  incorporating  a  company  by  the 
name  of  the  Proprietors  of  Piermont  Bridge — 

[Approved  June  23,  1826.  Original  Acts,  vol.  29,  p.  89;  recorded  Acts, 
vol.  23,  p.  192.  The  act  referred  to  is  dated  June  28,  1825,  ante,  p.  417.  See 
also  acts  of  June  11,  1808,  Laws  of  New  Hampshire,  vol.  7,  p.  648,  and 
January  3,  1829,  post.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  Convened,  That  the  Proprietors  of  Piermont  Bridge 
be,  and  they  hereby  are  authorized  to  build  a  bridge  across  Con- 
necticut river  agreeably  to  the  provisions  of  said  act,  to  which  this 
is  in  addition,  at  any  place  within  a  mile  above,  or  within  a  mile 
and  a  half  below  the  mouth  of  Waits  river. 


49^  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  16.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  establish  a  corporation  by  the  name  of  Altemont 
Lodge  Number  twenty  six. 

[Approved  June  23,  1826.  Original  Acts,  vol.  29,  p.  90;  recorded  Acts, 
vol.  23,  p.  193.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  John  H.  Steel,  Samuel 
G.  Smith,  Asa  Heald,  Joseph  Appleton,  and  all  persons  who  now 
are,  or  may  hereafter  become  members  of  said  lodge,  be  and  they 
hereby  are  made  a  body  politic  forever,  by  the  name  of  Altemont 
Lodge  No.  26  in  the  town  of  Dublin.  And  the  said  Corporation  is 
hereby  empowered  to  hold  and  possess  real  and  personal  estate  not 
exceeding  in  value  the  sum  of  two  thousand  dollars,  and  is  vested 
with  all  the  powers  rights  and  privileges  of  Corporations  of  a  sim- 
ilar nature. 

Section  2.  And  be  it  further  enacted  that  the  said  John  H. 
Steel  may  call  the  first  meeting  of  said  lodge  by  giving  personal 
notice  of  the  time  and  place  of  holding  the  same,  to  each  member 
thereof,  or  by  posting  up  a  notification  thereof,  in  some  publick 
place  in  each  of  the  towns  of  Dublin,  Peterborough,  Hancock,  Nel- 
son, and  Jaffrey  seven  days  before  the  time  of  holding  the  same,  at 
which  meeting,  or  at  any  subsequent  meeting,  the  members  of  said 
Lodge  may  elect  such  officers,  and  adopt  such  by  laws  and  regula- 
tions, not  repugnant  to  the  Constitution  and  laws  of  this  State,  as 
they  may  deem  expedient  and  necessary  to  carry  into  effect  the 
objects  of  this  act. 


[CHAPTER  17.] 


State  of  } 

New  Hampshire,  j 


An  Act  to  incorporate  the  Nashua  Fire  Engine  Company 
number  one. 

[Approved  June  24,  1826.  Original  Acts,  vol.  29,  p.  91 ;  recorded  Acts, 
vol.  23,  p.  194.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Willard  Walcutt,  Peleg 
S.  Tomkins,  Aden  Gay  and  Rufus  O.  Read,  their  associates  and 
successors  be  and  they  hereby  are  created  and  made  a  corporation 


LAWS  OF   NEW   HAMPSHIRE  497 

by  the  name  of  the  Nashua  Fire  Engine  Company  number  one  with 
powers  to  hold  any  estate  to  the  amount  of  one  thousand  Dollars; 
to  make  and  establish  by  laws  for  their  regulation  and  government, 
and  to  hold  exercise  and  enjoy  all  other  powers  priveleges  and  im- 
munities incident  or  common  to  similar  Corporations — 

Section  2.  And  be  it  further  enacted  that  the  said  Willard  Wal- 
cutt,  Peleg  S.  Tompkins  Aden  Gay  and  Rufus  O.  Read  or  any 
three  of  them  may  call  the  first  meeting  of  said  Corporation,  by 
giving  personal  notice  to  each  member  thereof  at  least  three  days 
prior  to  such  meeting,  of  the  time  and  place  of  holding  the  same. 


[CHAPTER  18.] 

State  oj  I 

New  Hampshire,  j 

An  act  to  incorporate  the  Baptist  Convention  of  the  State 
of  New  Hampshire 

[Approved  June  24,  1826.  Original  Acts,  vol.  29,  p.  92;  recorded  Acts, 
vol.  23,  p.  195.  The  name  was  changed  to  New  Hampshire  Baptist  Con- 
vention by  act  of  June  29,  i860,  Session  Laws,  i860,  Private  Acts,  Chap. 
2442.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  Otis  Robinson,  Fer- 
dinand Ellis,  John  Crockett,  William  Taylor  N.  W.  Williams,  B.  F. 
Farnsworth,  Joseph  Elliot,  Parker  Fogg,  Michael  Carlton,  James 
Barnaby,  Phineas  Richardson,  Joseph  Colby,  and  Joseph  Davis, 
with  such  others  as  may  hereafter  be  associated  with  them  be  made 
a  body  politic  and  corporate  by  the  name  of  the  Baptist  Convention 
of  the  State  of  New  Hampshire,  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  defend  to  final  Judgment  and  execution,  and  be 
known  and  distinguished  in  their  acts  and  proceedings,  and  in  all 
cases  whatever  shall  be  and  hereby  are  invested  with  all  the  powers 
and  priveleges  common  to  incorporations  of  a  like  nature. 

Section  2.  Be  it  further  enacted,  that  the  said  Corporation  shall 
have  power  to  receive  and  hold  all  donations,  subscriptions  and 
legacies  in  real  or  personal  estate  to  an  amount  not  exceeding  thirty 
thousand  dollars,  and  to  use  and  improve  the  same  for  the  purpose 
of  promoting  foreign  and  domestic  Missions  and  the  education  of 
indigent  and  pious  young  men  for  the  gospel  ministry  and  any 
other  religious  charities,  which  they  may  deem  proper,  and  the 
same  may  sell  and  dispose  of  at  pleasure. 

Section  3.  Be  it  further  enacted  that  the  said  Corporation  shall 
have  power  to  choose  such  officers  to  govern  and  manage  the  con- 
cerns of  the  convention  as  may  be  thought  necessary,  and  also  to 

32 


498  LAWS   OF   NEW   HAMPSHIRE 

make  and  establish  such  rules  and  by  laws  as  they  may  think  nec- 
essary, not  inconsistent  with  the  laws  of  this  State. 

Section  4.  Be  it  further  enacted  that  Joseph  Colby  and  N.  W. 
Williams  be  authorized  to  call  the  first  meeting  of  the  Convention 
by  notice  in  the  New  Hampshire  Patriot  printed  at  Concord. 

Section  5.  Be  it  further  enacted  That  the  Legislature  may  at  any 
time  hereafter,  revoke,  alter  or  amend  any  or  all  of  the  provisions 
of  this  act  at  their  pleasure. 


[CHAPTER  19.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  Dewitt  Clinton  Encampment. 

[Approved  June  27,  1826.  Original  Acts,  vol.  29,  p.  93;  recorded  Acts, 
vol.  23,  p.  196.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That  Joseph  Warren  White, 
Samuel  Cushman,  J.  Burley  Hill,  Elisha  C.  Crane,  John  Bennett, 
Robert  Smith,  John  Davenport,  Thomas  Hale,  Samuel  Huse  and 
their  associates  and  successors,  shall  be  and  hereby  are  erected  and 
made  a  Corporation  and  body  politic  by  the  name  of  Dewitt  Clin- 
ton Encampment;  and  by  that  name  may  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  to  final  judgment  and 
execution;  and  may  have  a  common  seal,  and  the  same  may  alter 
at  pleasure,  and  shall  have  and  possess  all  the  powers  incident  to 
Corporations  of  a  similar  nature,  and  may  have  hold  and  enjoy  real 
and  personal  estate,  receive  subscriptions,  grants  and  donations  not 
exceeding  in  value  five  thousand  dollars  and  the  same  may  sell, 
alienate,  transfer  and  dispose  of  at  pleasure. 

Section  2.  And  be  it  further  enacted  that  Joseph  Warren  White 
Samuel  Cushman  J.  Burley  Hill  or  any  two  of  them,  may  call  a 
meeting  of  said  Corporation  to  be  holden  at  their  Asylum,  in  Ports- 
mouth in  the  County  of  Rockingham  at  such  time  as  they  shall 
think  expedient  by  advertisement  in  the  New  Hampshire  Gazette 
printed  at  Portsmouth  aforesaid  fifteen  days  previous  to  the  time 
of  meeting  at  which  meeting  the  members  of  said  Corporation  by  a 
vote  of  the  majority  of  those  present  shall  choose  such  officers 
and  enact  such  by  laws  as  they  may  think  proper  for  the  regulation 
and  government  of  said  Corporation  provided  said  by  laws  are  not 
repugnant  to  the  Constitution  and  laws  of  this  State 


LAWS   OF   NEW  HAMPSHIRE  499 

[CHAPTER  20.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  the  Trustees  of  the  Woodman  San- 
born ton  Academy 

[Approved  June  27,  1826.  Original  Acts,  vol.  29,  p.  94;  recorded  Acts, 
vol.  23,  p.  197.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Nathan  Taylor,  Abra- 
ham Bodwell,  John  Crockett,  William  Patrick  Jeremiah  H.  Wood- 
man, Benaiah  Sanborn,  Thomas  P.  Hill,  Jonathan  Moore,  Abel 
Kimball,  Aaron  Woodman,  Jesse  Ingalls,  Peter  Hearsay,  and  their 
successors  be,  and  they  hereby  are,  incorporated  and  made  a  body 
politic  by  the  name  of  the  Trustees  of  the  Woodman  Sanbornton 
Academy,  and  in  that  name  may  sue  and  be  sued  prosecute  and 
defend  to  final  Judgment  and  execution,  and  shall  be,  and  hereby 
are  vested  with  all  the  powers  and  priveleges  which  by  law  are  in- 
cident to  Corporations  of  a  similar  nature  and  may  have  a  common 
seal,  and  the  same  alter  at  pleasure 

Section  2.  And  be  it  further  enacted  that  said  Trustees  are 
hereby  made  capable  in  law  to  acquire  and  hold  in  fee  simple  or 
any  less  estate  by  gift  grant  or  otherwise  any  real  estate,  the  annual 
income  of  which  shall  not  exceed  five  hundred  dollars,  and  personal 
estate  not  exceeding  ten  thousand  dollars,  and  the  same  may  use 
and  employ  for  the  promotion  of  science  and  the  useful  arts,  and 
for  the  benefit  of  said  institution  may  sell  and  dispose  of  the  same 
at  pleasure. 

Section  3.  And  be  it  further  enacted,  that  the  said  Academy  be 
and  hereby  is  established  in  the  town  of  Sanbornton  in  the  County 
of  Strafford  at  the  place  near  Sanbornton  square,  where  the  build- 
ing for  that  purpose  is  now  erected. 

Section  4.  And  be  it  further  enacted,  that  said  Trustees  may 
establish  orders  and  regulations  for  the  Government  of  said  insti- 
tution, direct  the  management  and  application  of  its  funds  and 
Control  the  concerns  of  the  institution,  in  such  manner  as  shall  best 
promote  the  interest  thereof. 

Section  5.  And  be  it  further  enacted  that  the  said  Nathan  Tay- 
lor, Abraham  Bodwell,  and  John  Crockett  or  anv  two  of  them  may 
call  the  first  meeting  of  the  said  Trustees  to  be  holden  at  any  suit- 
able time  and  place  in  said  Sanbornton  by  posting  up  a  notification 
for  that  purpose,  at  said  Academy  at  least  fifteen  days  before  the 
day  of  meeting  (any  number  of  said  Trustees  not  less  than  seven 
being  hereby  made  a  quorum  for  the  transaction  of  any  business 


500  LAWS  OF   NEW  HAMPSHIRE 

of  said  corporation,)  at  which  said  first  meeting,  or  at  any  adjourn- 
ment thereof  they  may  agree  on  the  manner  of  calling  their  annual 
and  other  meetings,  may  elect  such  officers  as  they  may  deem  ex- 
pedient and  at  the  same,  or  at  any  subsequent  meeting  legally 
holden,  may  adopt  by  laws  and  do  and  transact  any  business  nec- 
essary and  proper  to  carry  into  effect  the  purposes  of  this  act. 

Section  6.  And  be  it  further  enacted  that  any  vacancy  or  va- 
cancies happening  in  said  board  of  Trustees  by  death  or  otherwise 
may  be  filled  by  a  majority  of  the  remaining  trustees,  at  any  meet- 
ing of  said  trustees  duly  notified  for  that  purpose. 


[CHAPTER  21.] 


State  of         \ 
New  Hampshire.  \ 


An  act  giving  to  the  South  parish  in  Portsmouth  additional 
powers. 

[Approved  June  27,  1826.  Original  Acts,  vol.  29,  p.  95;  recorded  Acts, 
vol.  23,  p.  199.  See  act  of  June  17,  1807,  Laws  of  New  Hampshire,  vol.  7, 
P-  594-] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  general  Court  convened; 

That  the  South  Parish  in  Portsmouth  be,  and  they  are  hereby 
declared  to  be  capable  in  addition,  of  receiving  a  conveyance  in  fee 
or  otherwise  of  the  stone  Church  lately  erected  for  them  in  said 
Portsmouth,  and  of  the  lot  of  land  on  which  the  same  has  been 
erected,  and  of  holding  the  same  in  their  corporate  capacity,  any 
provisions  or  restriction  in  their  act  of  incorporation  to  the  con- 
trary notwithstanding. 

Section  2d  And  Be  it  further  enacted  that  at  any  legal  meet- 
ing of  said  Parish  they  may  adopt  such  by  laws  for  assessing  and 
collecting  their  parochial  taxes  and  for  the  regulation  of  voting  on 
subjects  relating  to  the  use,  occupation,  repairs  or  alterations  of 
said  stone  Church  or  managing  said  Corporation  as  they  may  think 
proper  provided  the  same  is  not  repugnant  to  the  laws  of  this  State. 

Section  3d  And  be  it  further  enacted  that  this  act  shall  take  ef- 
fect when  accepted  by  said  Parish  at  a  meeting  legally  notified  for 
that  purpose  and  not  sooner. 


LAWS  OF  NEW  HAMPSHIRE  501 

[CHAPTER  22.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  Trustees  of  the  Exeter  female 
Academy. 

[Approved  June  27,  1826.  Original  Acts,  vol.  29,  p.  96;  recorded  Acts, 
vol.  23,  p.  200.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That  there  be,  and  hereby 
is,  established  in  the  town  of  Exeter  an  Academy  by  the  name  of 
the  Exeter  female  Academy. 

Section  2.  And  be  it  further  enacted  that  John  Rogers,  William 
F.  Rowland,  Isaac  Hurd,  Ferdinand  Ellis,  Joseph  Tilton  Junior, 
Sherburne  Blake  and  Samuel  T.  Gilman  are  hereby  made  a  body 
Corporate,  by  the  Name  of  the  Trustees  of  the  Exeter  female 
academy,  by  which  name  they  may  sue  and  be  sued,  in  all  actions 
and  prosecute  and  defend  the  same,  to  final  Judgment  and  Execu- 
tion And  the  number  of  said  Trustees  shall  not  at  any  one  time  be 
more  than  seven  nor  less  than  four,  four  of  whom  shall  constitute 
a  quorum  for  the  transaction  of  business 

Section  3d  And  be  it  further  enacted,  that  the  trustees  afore- 
said and  their  successors  shall  be  the  true  and  sole  trustees  and 
governors  of  said  Academy  with  Continuance  and  succession  for- 
ever, with  power  to  establish  such  by  laws  and  regulations  and  to 
appoint  such  officers  for  the  government  of  said  academy,  as  to 
them  may  seem  requisite  and  proper.  And  as  often  as  any  vacancy 
or  vacancies  shall  occur  by  death  resignation  or  otherwise,  in  said 
board  of  trustees,  a  majority  of  the  trustees  remaining  or  surviving 
shall  elect  one  or  more  persons  to  fill  such  vacancy  or  vacancies. 

Section  4th  And  be  it  further  enacted,  That  the  trustees  afore- 
said and  their  successors,  be  and  they  hereby  are  rendered  capable 
in  law  to  take  and  receive  by  gift,  grant,  devise,  bequest  or  other- 
wise, real  and  personal  estate  to  the  amount  of  twenty  thousand 
dollars,  to  have  and  to  hold  the  same,  on  such  conditions  as  may  be 
expressed  in  any  will,  deed  or  other  instrument  of  conveyance, 
which  may  be  made  to  them,  and  all  deeds  or  other  instruments 
which  shall  be  made  by  said  Trustees  in  the  name  of  said  academy 
when  signed  and  delivered  by  five  at  least  shall  bind -said  trustees 
and  their  successors,  and  be  valid  in  law. 

Section  5th  And  be  it  further  enacted,  That  John  Rogers  may 
call  the  first  meeting  of  said  trustees  by  giving  each  of  them  per- 
sonal notice  of  the  time,  place  and  object  thereof  three  days  at  least 
prior  to  said  meeting. 


502  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  23.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  establish  the  boundary  line  between  the  towns  of 
Lisbon  and  Franconia. 

[Approved  June  27,  1826.  Original  Acts,  vol.  29,  p.  97;  recorded  Acts, 
vol.  23,  p.  202.     Session  Laws,  1826,  Chap.  23.'] 

Section  1.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives in  General  Court  Convened,  That  the  Selectmen  of  the 
towns  of  Lisbon  and  Franconia,  in  the  County  of  Grafton,  be  and 
they  are  hereby  authorized,  in  behalf  of  their  respective  towns,  to 
agree  upon  a  committee  of  three  persons,  inhabitants  of  said 
County,  who  shall  be  and  are  hereby  empowered  to  examine,  as- 
certain, settle,  and  establish  the  boundary  line  between  said  towns, 
and  to  set  up  the  bounds  and  marks  of  the  same,  And  the  line  so 
established  by  the  said  Committee  in  pursuance  of  the  provisions 
of  this  act,  shall  forever  after  be  taken  and  deemed  to  be  the  true 
line  between  the  towns  aforesaid. 

Section  2.  And  be  it  further  enacted,  that  the  agreement  of  the 
Selectmen  of  the  towns  aforesaid,  appointing  said  Committee  shall 
be  in  writing  and  shall  be  recorded  in  the  records  of  the  said  towns, 
and  the  Committee  so  appointed  shall  Cause  the  said  towns  to  be 
notified  of  the  time  and  place  when  and  where  they  will  meet,  to 
take  into  consideration  and  examine  the  line,  by  causing  personal 
notice  to  be  given  to  at  least  two  of  the  selectmen  of  each  of  said 
towns,  one  week  prior  to  the  time  of  meeting,  and  said  Committee 
may  adjourn  from  time  to  time  until  the  examination  and  settle- 
ment of  said  line  shall  be  completed. 

And  said  Committee  shall  make  a  report  of  their  doings  to  the 
town  Clerks  of  said  towns  who  shall  record  said  report  in  the 
records  of  their  respective  towns;  And  all  expences  arising  under 
this  act  shall  be  paid  by  said  towns. 


[CHAPTER  24.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  establish  a  Corporation,  by  the  name  of  the  Great 
falls  vocal  harmony  Society 

[Approved  June  2y,   1826.     Original  Acts,  vol.  29,  p.  98;  recorded  Acts, 
vol.  23,  p.  203.] 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  David  T.  Harris,  James 


LAWS  OF   NEW  HAMPSHIRE  503 

Davis,  William  G.  Emerson  Thomas  T.  Edgerly  and  William 
Knight,  their  associates  and  successors,  be,  and  they  hereby  are 
made  a  Corporation  by  the  name  of  the  Great  falls  Vocal  Harmony 
society,  and  that  they  be,  and  hereby  are  vested  with  the  powers  and 
priveleges  and  made  subject  to  the  liabilities  usually  incident  to 
similar  Corporations,  with  power  to  hold  personal  estate  not  ex- 
ceeding in  value  five  hundred  dollars. 

Section  2.  And  be  it  further  enacted,  that  any  three  of  the  per- 
sons herein  named  may  call  the  first  meeting  of  said  Corporation, 
at  such  time  and  place  as  they  may  deem  expedient,  by  posting  up 
a  notification  at  some  publick  place  in  Somersworth  at  least  seven 
days  prior  to  the  time  of  holding  the  same,  at  which  meeting  said 
Corporation  may  organize  and  at  the  same,  or  any  subsequent 
meeting  duly  holden  in  pursuance  of  the  votes  or  regulations  of  said 
Corporation  may  elect  such  officers  make  such  rules  and  regula- 
tions for  the  management  of  their  affairs  the  same  being  not  repug- 
nent  to  the  laws  of  this  State,  order  such  assessments,  and  transact 
such  business  as  may  be  necessary  to  carry  into  effect  the  purposes 
of  this  act. 


[CHAPTER  25.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Nashua  Aqueduct  Company. 

[Approved  June  28,  1826.  Original  Acts,  vol.  29,  p.  99;  recorded  Acts, 
vol.  23,  p.  204.  See  also  act  of  July  4,  1851,  Session  Laws,  1851,  Private 
Acts,  Chap.  1 191.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  that  Daniel  Abbot,  Joseph 
Greely,  Ezekiel  Greely,  Alfred  Greely,  Andrew  E.  Thayer,  Stephen 
Kendrick  and  Benjamin  F.  French  and  their  associates  and  suc- 
cessors, are  hereby  made  a  Corporation  by  the  name  of  the  Nashua 
Aqueduct  Company,  and  are  vested  with  all  the  powers  and  privi- 
leges by  law  incident  to  Corporations  of  a  similar  nature. 

Section  2 .  hnd  be  it  further  enacted,  that  said  Corporation  may 
acquire  and  hold  real  and  personal  estate  not  exceeding  in  value 
seven  thousand  dollars,  and  may  sell  and  dispose  of  the  same 

Section  3.  And  be  it  further  enacted,  that  Daniel  Abbot  may 
call  the  first  meeting  of  said  Proprietors,  by  giving  personal  notice 
of  the  time  place  and  object  thereof  to  each  of  said  proprietors  at 
least  ten  days  before  said  meeting,  at  which  and  all  other  meetings 
absent  members  may  vote  by  proxies,  allowing  one  vote  to  each 
share. 


504  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  26.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of   the 
Union  Fire  Engine  Company  in  Peterborough 

[Approved  June  28,  1826.  Original  Acts,  vol.  29,  p.  100;  recorded  Acts, 
vol.  23,  p.  205.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That  John  H.  Steel,  Samuel 
G.  Smith  and  Richard  T.  Buss  Junior  their  associates  and  Suc- 
cessors are  hereby  made  a  Corporation  by  the  name  of  the  Union 
Fire  Engine  Company  in  Peterborough,  and  are  invested  with  all 
the  powers  and  privileges  incident  to  Corporations  of  a  Similar 
nature. 

Section  2a.  And  be  it  further  enacted  that  said  Corporation  are 
hereby  authorized  to  acquire  and  hold  real  and  personal  estate  for 
the  purposes  of  their  association  not  exceeding  in  value  one  thou- 
sand dollars,  and  the  same  may  dispose  of  at  pleasure. 

Section  3.  And  be  it  further  enacted  that  John  H  Steel  may  call 
the  first  meeting  of  said  Corporation  at  any  suitable  time  and  place 
in  Peterborough  in  the  County  of  Hillsborough  by  giving  to  the 
members  thereof  at  least  three  days  personal  notice  of  the  time, 
place,  and  object  of  said  meeting. 


[CHAPTER  27.] 

State  of  \ 

New  Hampshire.  { 

An  act  to  establish  a  Corporation  by  the  name  of  Centre 
Lodge  number  twenty 

[Approved  June  28,  1826.  Original  Acts,  vol.  29,  p.  101 ;  recorded  Acts, 
vol.  23,  p.  206.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Joseph  W.  Clement, 
Joseph  Smith  Junior,  Charles  Gilman,  and  all  persons  who  now  are, 
or  may  hereafter  become  members  of  said  Lodge,  be  and  they 
hereby  are  made  a  body  politic  forever,  by  the  name  of  Centre 
Lodge  number  twenty,  in  the  town  of  Sanbornton,  and  the  said  Cor- 
poration is  hereby  empowered,  to  hold  and  possess  real  and  personal 
estate  not  exceeding  in  value  the  sum  of  two  thousand  dollars,  and 


LAWS  OF   NEW  HAMPSHIRE  3O5 

is  vested  with  all  the  rights  powers  and  privileges  of  Corporations 
of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  the  said  Joseph  W. 
Clement  may  call  the  first  meeting  of  said  Lodge  by  posting  up  a 
notification  thereof  in  some  public  place,  in  each  of  the  towns  of 
Sanbornton  and  Northfield,  fifteen  days  before  the  time  of  holding 
the  same. 

[CHAPTER  28.] 

State  of  \ 

New  Hampshire.  ( 

An  Act  to  incorporate  the  trustees  of  the  Dow  fund  and 

DONATIONS    TO   THE   METHODIST   EPISCOPAL   SOCIETY   IN   SALEM 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  102;  recorded  Acts, 
vol.  23,  p.  207.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Alexander  Gordon, 
Caleb  Dustin  Joseph  Taylor,  Oliver  Taylor,  John  Ewins,  John 
T.  G.  Dinsmoor,  and  Samuel  Rowell,  be  and  hereby  are,  incor- 
porated and  Constituted  a  body  politic  by  the  name  of  the  Trus- 
tees of  the  Dow  Fund  and  Donations  to  the  Methodist  Episcopal 
Society  in  Salem;  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  be  prosecuted,  defend  and  be  defended  to  final  Judgment  and 
execution  in  all  actions  and  prosecutions  whatsoever. 

Section  2d.  And  be  it  further  enacted  that  said  Trustees  shall 
never  exceed  the  number  of  seven,  nor  be  less  than  five,  a  majority 
of  whom  shall  be  a  quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn,  and  that  all  vacancies  which  may  happen 
in  any  manner  in  said  board  shall  be  filled  by  said  board. 

Section  3d  And  be  it  further  enacted,  that  the  land,  money  or 
other  property  heretofore  bequeathed  in  and  by  a  certain  instru- 
ment purporting  to  be  the  last  will  and  testament  of  Moses  Dow 
deceased  to  and  for  the  support  of  the  Methodist  Circuit  ministers 
in  said  Salem  whereof  said  Gordon  was  appointed  and  constituted 
Trustee,  and  all  other  bequests  and  grants  which  mav  be  made  for 
the  use  support  and  maintenance  of  the  Circuit  Ministers  of  the 
Methodist  Episcopal  Church  in  said  Salem,  the  aforesaid  Trustees 
and  their  successors  forever  may  take,  hold,  use  and  distribute 
according  to  the  tenor  of  the  bequest  or  grant  bequeathing  or 
granting  the  same. 

And  said  Trustees  shall  be  capable  of  taking,  holding  and  admin- 
istering any  gift,  grant,  or  trust  estate  for  the  purposes  aforesaid, 
provided  the  actual  annual  profits  thereof  shall  not  exceed  three 
hundred  dollars. 


506  LAWS  OF   NEW  HAMPSHIRE 

Section  4th  And  be  it  further  enacted,  that  said  Trustees  shall 
forever  have  full  power  to  appoint  a  treasurer,  clerk,  and  any  other 
officer  necessary  for  the  proper  management  of  said  fund,  and  take 
bonds  for  their  faithful  discharge  of  their  several  duties. 

Section  5.th  And  be  it  further  enacted,  That  said  Trustees  shall 
have  full  power  to  make  by  laws  for  the  proper  management  of  the 
concerns  of  said  trusts  provided  that  the  same  shall  not  be  contrary 
to  the  conditions  annexed  to  any  gift  grant  or  conveyance  of  prop- 
erty to  said  Corporation 

Section  6th.  And  be  it  further  enacted  that  Alexander  Gordon  be 
authorized  to  call  the  first  meeting  of  said  Trustees  by  giving  to 
each  personal  notice  of  the  time  place  and  object  thereof  at  least 
ten  days  prior  to  the  day  of  meeting. 

Section  7th.  And  be  it  further  enacted,  that  the  Legislature  of 
the  State  of  New  Hampshire  shall  have  power  at  all  times  to  alter 
amend,  or  repeal  any  or  all  of  the  provisions  of  this  act. 


[CHAPTER  29.] 


State  of  I 

New  Hampshire.  \ 


An  Act  relating  to  the  Asliuelot  turnpike  Corporation. 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  103;  recorded  Acts, 
vol.  2$,  p.  209.  Session  Laws,  1826,  Chap.  29.  See  acts  of  June  18,  1807, 
Laws  of  New  Hampshire,  vol.  7,  p.  614,  and  June  22,  1809,  id.,  p.  806.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That  if  the  said  Ashuelot 
turnpike  corporation  shall  neglect  to  repair  said  turnpike,  and  to 
furnish  satisfactory  evidence  thereof  to  the  Justices  of  the  Superior 
Court  of  Judicature,  on  or  before  the  third  tuesday  of  October 
next,  the  act  entitled  "an  act  to  incorporate  a  company  by  the  name 
of  the  Ashuelot  turnpike  corporation"  passed  June  18.  1807.  shall 
be,  and  the  same  is  hereby  repealed,  and  all  the  rights,  privileges, 
and  immunities  granted  to  said  Corporation  shall  thereafter  be 
annulled  and  revoked.  And  in  Case  such  evidence  be  furnished  to 
the  said  Justices,  they  shall  cause  a  certificate  thereof  to  be  filed  in 
the  office  of  the  Clerk  of  said  Court,  for  the  County  of  Cheshire. 

Section  2.  And  be  it  further  enacted,  that  if  the  said  road  shall 
not  be  repaired  and  the  evidence  thereof  furnished  as  aforesaid,  any 
person  who  shall  afterwards  erect,  or  keep  on  said  road  any  toll 
gate,  or  shall  demand  and  receive  any  toll  of  any  person  for  travel- 
ling over  and  upon  said  road,  shall  forfiet  and  pay  the  sum  of  ten 
dollars,  to  be  recovered  by  any  person  who  shall  be  obstructed  in 
passing  said  road,  or  of  whom  any  toll  shall  be  received  by  action 
of  debt  in  any  court  competent  to  try  the  same. 


LAWS  OF   NEW  HAMPSHIRE  S°7 

[CHAPTER  30.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Seabrook  Fire  Engine  Company 

N°  i. 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  104;  recorded  Acts, 
vol.  23,  p.  210.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that,  Edward  Dearborn; 
John  Philbrick,  Jacob  Purinton,  Abraham  Dow  and  David  Per- 
kins, their  associates  and  successors  be  and  they  hereby  are  incor- 
porated and  made  a  body  politic,  by  the  name  of  the  Seabrook  fire 
Engine  Company  N°  one,  and  by  that  name  are  vested  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties  and  liabilities 
of  similar  corporations,  and  said  corporation  is  hereby  authorized 
to  hold  possess  and  dispose  of  as  they  may  see  fit  real  and  personal 
estate  not  exceeding  in  value  one  thousand  dollars 

Section  2'1  And  be  it  further  enacted  that  the  persons  above 
named  or  any  three  of  them  may  call  the  first  meeting  of  said  Com- 
pany at  any  suitable  time  and  place  in  said  Seabrook  by  posting 
up  at  three  public  in  said  Seabrook  notice  in  writing,  stateing  the 
time  place  and  object  of  said  meeting,  at  least  ten  days  prior  to 
the  day  of  holding  said  meeting 


[CHAPTER  31.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  the  members  of  the  Souhegan  Village 
Social  library  in  Mason 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  105;  recorded  Acts, 
vol.  23,  p.  211.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  that  Timothy  Dakin,  Isaac 
Kimball,  Elisha  Barrett,  James  Taft,  their  associates  and  successors 
be,  and  they  are  hereby  incorporated  and  made  a  body  politic  by 
the  name  of  the  Souhegan  Village  Social  Library,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  liabilities  incident  to  Corpora- 
tions of  a  similar  nature;  and  may  receive  and  hold  personal  prop- 
erty to  the  amount  of  one  thousand  dollars  and  no  more. 

Section  2.     And  be  it  further  enacted  that  said  Timothy  Dakin 


508  LAWS  OF   NEW  HAMPSHIRE 

Isaac  Kimball  and  Elisha  Barrett  or  any  two  of  them  may  call  the 
first  meeting  of  said  Corporation  by  posting  up  at  some  publick 
place  in  said  Village  a  notification  of  the  time,  place,  and  design  of 
the  same,  at  least  seven  days  prior  to  said  meeting 


[CHAPTER  32.] 

State  of  ) 

New  Hampshire.  \ 

An  act  to  incorporate  the  Trustees  of  the  Methodist  Epis- 
copal Meeting  house  in  Rochester 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  106;  recorded  Acts, 
vol.  23,  p.  212.     See  also  act  of  July  2,  1867,  Session  Laws,  1867-71,  p.  88.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  James  C  Cole;  Charles 
Dennet,  Simon  Chase,  Ebenezer  D.  Trickey  and  Abner  Hodgden, 
and  their  successors,  are  hereby  made  a  corporation,  by  the  name 
of  the  Trustees  of  the  Methodist  Episcopal  Meeting-house  in  Roch- 
ester, with  all  the  powers  and  privileges  incident  to  corporations  of 
a  similar  nature,  and  are  authorized  in  their  corporate  capacity  to 
acquire  and  hold  real  and  personal  estate  not  exceeding  in  value  four 
thousand  dollars,  and  to  dispose  of  the  same  for  the  purposes  of 
their  said  trust 

Section  2d  And  be  it  further  enacted — that  James  C  Cole  may 
call  the  first  meeting  of  said  Trustees,  by  giving  to  each  of  them 
personal  notice  of  the  time,  place  and  object  thereof  three  days  at 
least  prior  to  said  meeting. 


[CHAPTER  33.] 

State  of  ) 

New  Hampshire.  ( 

An  act  in  addition  to  an  act,  entitled  "an  Act  to  incorporate 
the  proprietors  of  new  hampton  academy." 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  107;  recorded  Acts, 
vol.  23,  p.  213.  The  act  referred  to  is  dated  June  27,  1821,  ante,  p.  20.  See 
alsoact  of  January  3,  1829,  post.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  name  of  the  Pro- 
prietors of  New  Hampton  Academy  be  altered  to  that  of  "the  Aca- 
demical and  Theological  institution  in  New  Hampton." 


LAWS  OF   NEW  HAMPSHIRE  509 

Section  2.  And  be  it  further  enacted,  that  the  said  Institution 
may  hold  real  estate  the  annual  income  of  which  shall  not  exceed 
fifteen  hundred  dollars,  and  personal  estate  not  exceeding  twenty 
thousand  dollars,  and  the  same  may  use  and  employ  for  the  promo- 
tion of  Theology,  science,  and  the  useful  arts. 

Section  3/1  And  be  it  further  enacted,  that  the  institution  shall 
be  under  the  care,  superintendence  and  control  of  a  board  of  eleven 
trustees,  five  of  whom  shall  be  elected  by  the  proprietors  of  said 
institution,  and  five  by  the  Baptist  Convention  of  this  State,  so 
often  and  at  such  periods  as  such  bodies  shall  respectively  deem 
expedient.  And  the  principal  Instructor  shall  be  a  member  of  the 
said  Board  of  Trustees,  and  shall  have  a  vote  in  all  business  ex- 
cepting the  appointment  of  instructors,  in  which  he  shall  have  no 
vote.  A  majority  of  said  Trustees  shall  constitute  a  quorum  to 
transact  business. 

Section  4.  And  be  it  further  enacted,  That  all  the  income  of 
said  Institution  shall  be  appropriated  to  the  payment  of  Instructors 
and  incidental  expences,  provided  that  whatever  amount  may  re- 
main after  paying  the  instructors  and  incidental  expences  shall  be 
the  property  of  the  Baptist  Convention  aforesaid,  to  be  expended 
in  educating  pious  and  indigent  students  at  said  institution. 


[CHAPTER  34.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  the  Society  of  Social  Friends 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  108;  recorded  Acts, 
vol.  23,  p.  214.] 

Whereas  in  the  Year  of  our  Lord  one  thousand  seven  hundred 
and  eighty  three,  a  literary  Society  was  instituted  at  Dartmouth 
College  by  the  name  of  the  "Society  of  Social  Friends,"  composed 
chiefly  of  Students  of  said  College,  which  Society  has  continued 
ever  since  at  said  College  and  has  annually  received  additions  prin- 
cipally from  the  Classes  in  said  College;  and  by  the  voluntary  con- 
tributions of  its  members  from  time  to  time,  has  collected  a  library 
of  more  than  four  thousand  volumes  of  very  choice  and  valuable 
books,  which  library  is  continually  and  rapidly  increasing  by  dona- 
tions of  new  members — And  whereas  sundry  persons,  members  of 
said  Society  have  petitioned  the  Legislature  for  a  Charter  of  incor- 
poration to  enable  them  more  conveniently  and  safely  to  transact 
their  business — Therefore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Charles  M.  Emerson, 


5  IO  LAWS  OF   NEW  HAMPSHIRE 

Ansel  R.  Clark,  Samuel  A.  Burns,  Isaac  Boyd,  Isaac  Hosford,  John 
Emerson,  Henry  Shedd,  William  Heath,  Caleb  Kimball,  Cutting 
Marsh,  James  W.  Woodward,  together  with  all  the  existing  members 
of  said  Society  and  all  who  may  hereafter  become  members  of  said 
society  shall  be  and  they  hereby  are  created  and  made  a  Corpora- 
tion by  the  name  of  the  Society  of  Social  Friends,  with  all  the 
powers  and  privileges  and  subject  to  all  the  liabilities  incident  to 
Corporations  of  a  similar  nature.  Provided  that  the  by  laws  ordi- 
nances and  regulations  of  said  Society  shall  not  be  repugnant  to  the 
laws  of  this  State,  or  to  the  laws  of  said  College. 

Section  2.  And  be  it  further  enacted,  that  the  said  Corporation 
is  made  capable  in  law  to  have,  hold  and  enjoy  all  the  books,  furni- 
ture and  property  belonging  to  said  Society  at  the  time  of  the 
passage  of  this  act,  and  also  all  such  books,  furniture,  apparatus, 
money,  and  other  property,  as  shall  herafter  be  given  or  be- 
queathed to  them  or  purchased  for  the  purposes  of  said  society, 
and  is  also  made  capable  in  law  to  purchase  receive  and  hold  for 
themselves  and  their  successors,  lands,  in  the  vicinity  of  said  Col- 
lege, to  the  amount  of  one  fourth  of  an  acre,  for  the  purpose  of 
erecting  a  building  or  buildings  for  a  Library,  with  power  to  sell 
and  convey  the  same;  and  may  at  any  time  erect  such  buildings 
thereon,  as  may  be  necessary  for  that  purpose,  provided  always, 
that  said  corporation  shall  never  assess  or  collect  in  any  way  di- 
rectly or  indirectly,  as  a  tax,  any  money,  books,  or  property,  for  the 
purpose  of  increasing  the  library  of  the  same,  of  any  member  of  said 
corporation  while  a  minor,  without  first  obtaining  the  approbation 
of  the  parent  or  guardian  of  said  minor.  Provided  also,  that  no 
taxes  are  ever  to  be  assessed  upon  any  except  members  of  said 
College,  nor  shall  any  tax  be  assessed  and  collected  except  for  the 
purpose  of  defraying  the  ordinary  expences  of  the  society,  unless  by 
the  unanimous  consent  of  all  the  members  present  and  voting  on 
such  assessment. 

Section  3.  And  be  it  further  enacted  that  the  first  meeting  of 
said  Corporation  shall  be  held,  without  further  notice,  at  the  So- 
ciety hall  in  Dartmouth  College,  on  the  second  Wednesday  of  July 
next  at  four  o'clock  P.M.,  that  at  that  and  all  subsequent  meetings, 
held  pursuant  to  such  regulations,  as  the  Corporation  may  establish, 
a  majority  of  members  who  may  be  present  may  choose  all  such 
officers  as  they  may  think  necessary,  and  make,  ordain  and  estab- 
lish all  such  by  laws  and  regulations,  as  may  be  necessary  for  the 
well  ordering  of  the  affairs  of  said  Corporation  and  may  do  all 
other  business  of  said  Corporation  whatever.  Provided  always — 
that  no  vote  by  law  or  regulation  diverting  or  defeating  any  of  the 
original  purposes  of  said  society  or  disposing  of  the  books  or  prop- 
erty, or  converting  the  same  to  any  other  than  the  original  purpose, 
for  which  they  were  bestowed  and  collected,  shall  be  valid  without 


LAWS  OF   NEW   HAMPSHIRE  5  I  I 

the  express  approbation,  in  person  or  by  proxy,  of  a  majority  of 
the  existing  members  of  said  Society  at  the  time  of  passing  the  vote. 
Section  4.  And  be  it  further  enacted  that  said  Society  shall  be 
forever  located  at  Dartmouth  College,  and  the  books  and  apparatus, 
belonging  to  the  same  be  forever  devoted,  more  especially,  to  the  use 
of  the  resident  members  of  said  Society,  unless  said  Corporation 
shall  ever  be  dissolved,  in  which  case  the  books,  furniture,  apparatus, 
and  other  property,  being  the  joint  property  of  the  existing  members 
at  the  time  of  its  dissolution,  shall  be  divided  or  disposed  of  as  they 
may  direct — 


[CHAPTER  35.] 


State  of  I 

New  Hampshire.  { 


An  act  to  incorporate  the  Litchfield  fishing  Company. 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  109;  recorded  Acts, 
vol.  23,  p.  217.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Samuel  Kennard,  Isaac 
Brown,  Smith  Campbell  Samuel  Kendall  Moses  B.  Whittemore  and 
their  associates  are  hereby  made  a  Corporation  by  the  name  of  the 
Litchfield  fishing  Company,  and  in  their  Corporate  capacity  are 
authorized  to  acquire  and  hold  real  and  personal  estate  not  exceed- 
ing three  hundred  dollars,  and  are  invested  with  all  the  powers  and 
privileges  of  Corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  Isaac  Brown  may 
call  the  first  meeting  of  said  Corporation,  by  giving  personal  notice 
to  each  member  thereof  at  lest  three  days  before  the  time  of  Meet- 


ing. 


[CHAPTER  36.] 

State  of  j 

New  Hampshire.  \ 

An  Act  to  incorporate  the  proprietors   of  the  Congrega- 
tional and  Baptist  meeting  house  in  Meredith. 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  no;  recorded  Acts, 
vol.  23,  p.  218.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  John  B.  Swasey,  John 
Towle  and  Timothy  Badger  and  their  associates  and  successors  are 
hereby  made  a  Corporation  by  the  name  of  the  Proprietors  of  the 


512  LAWS  OF   NEW  HAMPSHIRE 

Congregational  and  Baptist  Meeting  house  in  Meredith,  and  in 
their  Corporate  capacity  are  authorized  to  acquire  and  hold  real 
and  personal  estate  not  exceeding  in  value  four  thousand  dollars, 
and  are  invested  with  all  the  powers  and  privileges  and  made  sub- 
ject to  all  the  duties  and  liabilities  of  Corporations  of  a  similar 
nature. 

Section  2.  And  be  it  further  enacted,  that  John  B.  Swasey  may 
call  the  first  meeting  of  said  Corporation  by  posting  up  at  two  pub- 
lick  places  in  said  Meredith  advertisements  of  the  time  place  and 
object  thereof  at  least  fifteen  days  prior  to  said  meeting. 


[CHAPTER  37.] 


Stale  of  \ 

New  Hampshire.  } 


An   act   to   incorporate    the    Quamphegan    Manufacturing 
Company. 

[Approved  June  29,  1826.  Original  Acts,  vol.  29,  p.  1 1 1 ;  recorded  Acts, 
vol.  23,  p.  219.] 

Whereas,  by  an  act  of  the  Legislature  of  the  State  of  Maine, 
passed  the  seventeenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand,  eight  hundred  and  twenty  six,  Benjamin  Nason  and 
others  were  incorporated  by  the  name  of  the  Quamphegan  Manu- 
facturing Company,  for  the  purpose  of  carrying  on  the  manufacture 
of  Cotton  and  woolen  goods,  at  Quamphegan  Falls  on  the  eastern 
side  of  Salmon-falls  river  within  the  State  of  Maine:  and  whereas 
said  Company  are  desirous  in  order  to  use  the  water  power  of  said 
river  to  the  best  advantage,  to  hold  real  estate  on  the  western  side 
of  said  Salmon-falls  river  within  the  State  of  New  Hampshire — 
therefore 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  said  corporation  be 
and  hereby  are  made  a  body  politic,  by  the  name  of  the  Quam- 
phegan Manufacturing  Company,  for  the  purpose  of  carrying  on 
the  manufacture  of  cotton  and  woolen  goods,  and  such  other 
branches  of  trade  and  manufacture  as  shall  be  necessarily  and  con- 
veniently connected  therewith  in  the  town  of  Somersworth 

Section  2  Be  it  further  enacted,  That  said  corporation,  may  be 
lawfully  seized  and  possessed,  of  such  real  and  personal  estate,  not 
exceeding  at  any  one  time  the  sum  of  four  hundred  thousand  dol- 
lars, as  may  be  necessary  and  convenient  for  carrying  on  the  busi- 
ness of  said  corporation  and  shall  have  all  the  powers  and  privileges 
and  be  subject  to  all  the  liabilities  incident  to  corporations  of  a 
similar  nature 


LAWS  OF   NEW   HAMPSHIRE  5  •  3 

[CHAPTER  38.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  incorporate  the  company  of  Keenelight  Infantry 

[Approved  June  30,  1826.  Original  Acts,  vol.  29,  p.  112;  recorded  Acts, 
vol.  23,  p.  220.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened — that  George  Brown,  Daniel 
Towns  Jr.  Edmund  Kimball  their  associates  and  successors  so  long 
as  they  shall  do  military  duty  in  said  company  be  and  they  hereby 
are  made  a  body  politic  and  corporate  by  the  name  of  the  Keene 
Light  Infantry  in  the  town  of  Keene  and  by  that  name  may  sue 
and  be  sued  prosecute  and  defend  to  final  judgment  and  execution 
and  the  said  corporation  are  hereby  empowered  to  hold  real  estate 
not  exceeding  in  value  the  sum  of  five  hundred  dollars,  and  personal 
property  to  the  amount  of  one  thousand  dollars  and  no  more 

Section  2.  Be  it  further  enacted — that  the  said  George  Brown 
may  call  the  first  meeting  of  said  Company  by  giving  personal  no- 
tice of  the  time  and  place  to  the  members  thereof  at  least  four  days 
previous  to  said  meeting,  at  which  time  or  at  any  subsequent  meet- 
ing may  make  such  by  laws  and  ordain  such  rules  and  regulations 
as  may  be  necessary  for  the  carrying  into  effect  the  objects  of  this 
act — Provided  always, — that  no  power  shall  accrue  to  the  said 
Company  by  or  under  this  act  whereby  they  may  be  exempted  from 
any  liabilities  which  they  are  now,  or  hereafter  may  be  under  to  do 
and  perform  military  duty  agreeably  to  the  existing  military  law, 
for  the  time  being  of  this  State,  nor  in  any  case  shall  the  said  Com- 
pany have  power  to  assess  upon  its  members  more  than  the  sum 
of  one  dollar  and  fifty  cents  upon  any  one  member  annually 


[CHAPTER  39.] 


State  of  ) 

New  Hampshire,  j 


An  act  to  establish  a  Corporation  by  the  name  of  the  Con- 
cord Manufacturing  Company. 

[Approved  June  30,  1826.  Original  Acts,  vol.  29,  p.  113;  recorded  Acts, 
vol.  23,  p.  221.  See  also  acts  of  June  28,  1831,  Acts,  vol.  28,  p.  61;  July  3, 
1845,  Session  Laws,  1845,  Private  Acts,  Chan.  292;  June  28,  1847,  id.,  1847, 
Private  Acts,  Chap.  566,  and  July  9,  1874,  id.,  1872-76,  p.  410.] 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives   in    General    Court    convened,    that    Theodore    French 
William  Sullivan,  Richard  Sullivan,  Benjamin  Guild.  Caleb  Eddy, 
33 


514  LAWS   OF   NEW  HAMPSHIRE 

and  Augustus  Peabody,  and  such  other  persons  as  shall  associate 
with  them  and  their  successors  and  assigns,  shall  be  and  hereby  are 
constituted  and  made  a  corporation  by  the  name  of  the  Concord 
manufacturing  Company,  and  by  that  name  may  sue  and  be  sued, 
prosecute  and  defend  to  final  Judgment  and  execution;  and  may 
have  and  use  a  Common  Seal,  and  the  same  may  alter  and  renew  at 
pleasure;  and  also  may  make,  ordain  and  put  in  execution,  such  by 
laws  and  regulations,  (not  being  contrary  to  the  Constitution  and 
laws  of  the  State)  as  shall  be  necessary,  proper,  and  Convenient 
for  the  government  of  said  Corporation,  and  the  due  management 
of  its  concerns;  and  shall  be  and  hereby  are  vested  with  all  the 
privileges  and  powers  which  by  law  are  incident  to  Corporations 
of  a  similar  nature. 

Section  2'1  And  be  it  further  enacted  that  the  said  Corporation 
be  and  the  same  is  hereby  empowered  to  establish,  manage  and 
carry  on  the  manufacture  of  cotton,  wool,  iron,  and  such  other 
branches  of  manufacture  and  trade  as  can  be  conveniently  and  nec- 
essarily connected  therewith,  at  and  near  Garvins  falls  on  Merri- 
mack river  in  Concord,  and  to  purchase,  take  hold,  and  convey  real 
and  personal  estate  of  every  kind  to  such  amount  as  they  may  find 
necessary  or  convenient  in  the  management  of  their  concerns  pro- 
vided the  same  shall  not  exceed  the  sum  of  one  Million  dollars,  and 
the  same  to  manage,  improve  change  and  sell  at  their  pleasure  and 
to  erect  on  the  real  estate  to  be  purchased  and  held  by  them  as 
aforesaid  such  dams,  canals,  mills,  buildings,  machines  and  works 
as  they  may  deem  necessary  or  useful  in  carrying  on  and  managing 
their  manufactures  and  works  and  in  conducting  the  business  of  the 
Corporation.  Provided  the  Legislature  may  hereafter  make  such 
order  or  regulations  in  relation  to  the  passage  of  fish  up  and  down 
the  river  included  in  said  grant,  as  the  publick  good  may  require. 

Section  3d  And  be  it  further  enacted,  that  the  said  Theodore 
Frpnch  may  call  the  first  meeting  of  said  Corporation  by  giving 
three  days  previous  notice  to  each  of  the  persons  who  is  associated 
with  him  in  obtaining  this  charter,  at  which  meeting  a  clerk  shall 
be  chosen,  who  shall  be  sworn  faithfully  to  discharge  the  duties  of 
his  office;  and  it  shall  be  his  duty  to  record  the  doings  and  pro- 
ceedings of  said  corporation,  and  to  perform  such  other  services 
as  the  by  laws  of  said  Corporation  may  require;  and  at  the  same 
or  any  subsequent  meeting  duly  holden  the  members  or  associates 
of  said  Corporation  may  prescribe  and  agree  on  the  manner  of 
calling,  holding  and  managing  future  meetings,  may  divide  their 
capital  or  joint  stock  into  such  number  of  shares  as  they  may  deem 
proper,  and  prescribe  the  manner  or  mode  in  which  the  shares  in 
their  capital  stock  shall  be  holden  and  how  the  same  shall  be  trans- 
ferred, may  make  or  provide  for  the  making  of  assessments  on  the 
shares  from  time  to  time  as  occasion  may  require  and  fix  the  time 
for  payment  of  the  same,  may  appoint  and  constitute  such  officers, 


LAWS  OF   NEW   HAMPSHIRE  5  I  5 

servants  and  agents  of  the  said  Corporation  as  they  shall  think 
necessary,  ana  prescribe  their  respective  auties,  and  may  do  or 
transact  any  matter  or  thing  relating  to  the  property  business  or 
concerns  of  the  said  Corporation. 

Section  4  And  be  it  further  enacted,  that  at  all  meetings  of  the 
members  of  said  Corporation  duly  notified  and  holden,  each  mem- 
ber shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be 
the  owner  and  holder  of  in  said  Corporation,  on  all  questions  that 
may  come  before  such  meetings,  and  absent  members  may  be  rep- 
resented and  vote  at  such  meetings,  by  an  agent  for  that  purpose 
duly  authorized  by  writing  signed  by  the  member  or  members  to 
be  represented  which  writing  shall  be  filed  with  the  Clerk  of  said 
Corporation; — and  at  such  meetings  all  questions  shall  be  decided 
by  a  majority  of  the  votes  cast;  provided  however  that  in  the 
assessment  of  taxes  on  the  shares  in  said  corporation  three  fourths 
of  the  votes  cast  shall  be  required  to  make  such  assessment  binding 
on  the  members  of  said  Corporation 

Section  5th  And  be  it  further  enacted,  that  the  shares  in  the 
Capital  or  Joint  stock  of  the  Corporation,  shall  be  liable  and. holden 
for  the  payment  of  all  assessments  legally  made  thereon; — and  in 
case  of  neglect  of  any  member  to  pay  the  assessments  on  his  share 
or  shares,  the  same  or  so  many  of  them  as  shall  be  sufficient  to  pay 
the  amount  of  the  assessment  or  assessments  may  be  sold  or  trans- 
ferred for  the  payment  of  the  same  in  such  manner  or  way  as  shall 
be  prescribed  by  the  by  laws  or  regulations  of  said  Corporation. 


[CHAPTER  40.] 


State  of  ) 

New  Hampshire.  \ 


An  act,  in  addition  to  an  act  entitled  "an  act  declaring  the 
duty  and  defining  the  powers  of  collectors  of  taxes. 

[Approved  June  30,  1826.  Original  Acts,  vol.  29,  p.  114;  recorded  Acts, 
vol.  23,  p.  224.  Session  Laws,  1826,  Chap.  40.  The  act  referred  to  is 
printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  667.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  all  notifications  and  advertisements 
which  by  the  fourth  section  of  an  act  of  this  State  passed  on  the 
eleventh  day  of  February  A.D.  1701  entitled  aan  act  declaring  the 
duty  and  defining  the  powers  of  collectors  of  taxes"  were  required 
to  be  published  in  such  newspaper  as  the  General  Court  shall  from 
time  to  time  order  shall  hereafter  be  published  in  the  New-Hamp- 
shire Patriot  and  State  Gazette  printed  at  Concord  in  the  County 
of  Merrimack 


5l6  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  41.] 

State  of  1 

New  Hampshire.  ) 

An  act  for  the  preservation  of  fish  in  the  Wash  pond  and  in 
the  Island  pond. 

[Approved  June  30,  1826.     Original  Acts,  vol.  29,  p.  115;  recorded  Acts, 
vol.   23,  p.  225.      Session   Laws,    1826,   Chap.  42.     Laws,   1830  ed.,  p.   259. 
Repealed  by  acts  of  June  28,  1831,  Session  Laws,  1831,  Chap.  27,  and  Decem- 
ber 23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  if  any  person  shall  catch  take  or  kill 
any  fish  in  the  wash  pond  in  Hampstead,  or  in  the  Island  pond  so 
called  situated  partly  in  Hampstead,  partly  in  Londonderry,  and 
partly  in  Atkinson  in  the  County  of  Rockingham,  between  the  twen- 
tieth day  of  November  in  each  year,  and  the  first  day  of  May  follow- 
ing, such  person  so  offending  shall  for  every  fish  so  caught  killed  or 
taken,  forfiet  and  pay  the  sum  of  two  dollars  to  be  recovered  with 
Costs  of  suit,  in  an  action  of  debt  before  any  Justice  of  the  Peace 
within  said  County  of  Rockingham  by  any  person  who  may  sue 
for  the  same  one  half  thereof  to  the  use  of  the  person  who  may  sue 
for  the  same,  and  the  other  half  to  the  use  of  said  County  of  Rock- 
ingham 

[CHAPTER  42.] 

State  of  1 

New  Hampshire.  \ 

An  act  to  incorporate  the  Proprietors  of  the  Center  meet- 
ing house  in  Bridgwater 

[Approved  June  30,  1826.  Original  Acts,  vol.  29,  p.  116;  recorded  Acts, 
vol.  23,  p.  225.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened:  that  Chase  Fuller,  Daniel 
Cass  and  their  associates  and  successors  are  hereby  made  a  cor- 
poration bv  the  name  of  the  Proprietors  of  the  Center  Meeting 
House  in  Bridewater  and  in  their  corporate  capacity  are  authorized 
to  acquire  and  hold  real  and  personal  estat  not  exceeding  in  value 
two  thousand  dollars,  and  are  invested  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties  and  liabilities  of  corpora- 
tions of  a  similar  nature 


LAWS  OF   NEW  HAMPSHIRE  5  17 

Section  2.  And  be  it  further  enacted,  that  Chase  Fuller  may 
call  the  first  meeting  of  said  Proprietors  by  posting  up  in  two  public 
places  in  said  Bridgwater  at  least  ten  days  before  said  meeting 
advertisements  of  the  time,  place  and  object  thereof 


[CHAPTER  43.] 


State  of  ) 

New  Hampshire.  \ 


An  act  in  addition  to  an  act,  entitled  "an  act  defining  the 
Jurisdiction  powers  and  duties  of  a  Judge  of  Probate,  and 
the  duties  exemptions  and  liabilities  of  executors,  ad- 
ministrators and  guardians  in  certain  cases  passed  july  2d 

l822. 

[Approved  June  30,  1826.  Original  Acts,  vol.  29,  p.  117;  recorded  Acts, 
vol.  23,  p.  226.  Session  Laws,  1826,  Chap.  43.  Laws,  1830  ed.,  p.  351.  See 
act  referred  to,  ante,  p.  no.  See  also  acts  of  June  21,  1820,  and  December 
2,  1820,  Laws  of  New  Hampshire,  vol.  8,  pp.  902,  923;  July  3,  1822,  ante, 
p.  155;  July  1,  1825,  ante,  p.  438,  and  June  20,  1829.  Laws,  1830  ed  ,  p.  350. 
Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Be  it  enacted  by  the'  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  Judges  of  Probate  in  the  several 
Counties  in  this  State,  be  and  they  hereby  are  empowered,  in  the 
settlement  of  the  accounts  of  Executors  and  Administrators  of  es- 
tates actually  solvent,  to  allow  such  reasonable  sum  as  they  may 
think  proper,  for  the  erection  of  suitable  monuments  or  grave  stones 
at  the  graves  of  their  testators  or  intestates. 


[CHAPTER  44.] 

State  of  ") 

New  Hampshire.  \ 

AN  ACT  IN  ADDITION  TO  AN  ACT,  EMPOWERING  THE  SELECTMEN  OF 
ANY  TOWN  IN  THIS  STATE,  TO  MAKE  ROADS  AND  STREETS  WIDER 
AND  STRAIGHTER. 

[Approved  July  3,  1826.  Orieinal  Acts,  vol.  29,  r>.  118:  recorded  Acts, 
vol.  23,  d.  227.  Session  Laws.  1826,  Chan.  44.  See  acts  of  February  8,  1791, 
Laws  of  New  Hampshire,  vol.  5,  p.  577;  December  28,  1803,  id.,  vol.  7,  p.  227, 
and  December  11,  1804,  id.,  p.  335.  Repealed  by  acts  of  January  3,  1829, 
post,  and  July  3,  1829,  Session  Laws,  1829,  Chap.  52.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That  in  case  the  Selectmen 
of  any  town  in  this  State  shall  upon  application  to  them  duly  made 


5  I S  LAWS   OF    NEW   HAMPSHIRE 

by  petition,  refuse  or  neglect  to  make  any  road  in  such  town  wider 
and  straighter,  the  Court  of  Common  Pleas,  on  petition  to  them 
exhibited  may  if  they  think  proper  make  such  road  wider  and 
straighter. 

Provided  always  that  the  Selectmen  of  such  town,  shall  be  duly 
notified  of  the  application  to  the  Court  of  Common  Pleas  before 
any  alterations  shall  be  made. 

Section  2d  And  be  it  further  enacted,  that  the  Court  of  Com- 
mon Pleas,  may  upon  petition  to  them  presented  for  the  purpose, 
make  any  road  leading  from  town  to  town,  or  from  County  to 
County  wider  and  straighter,  provided  that  the  Selectmen  of  the 
several  towns  shall  have  due  notice  of  such  petition. 


[CHAPTER  45.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  the  proprietors   of  Taylors   falls 
Bridge. 

[Approved  July  3,  1826.  Original  Acts,  vol.  29,  p.  119;  recorded  Acts, 
vol.  23,  p.  228.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  Moses  Tyler,  Joseph 
Winn,  Joseph  Greely,  their  associates  and  Successors  be  and  they 
hereby  are  incorporated  and  made  a  body  politic  by  the  name  of  the 
Proprietors  of  Taylors  falls  Bridge — and  in  that  name  may  sue  and 
be  sued  prosecute  and  defend  to  final  judgment  and  execution, -and 
shall  be,  and  hereby  are,  vested  with  all  the  powers  and  privileges 
which  by  law  are  incident  to  Corporations  of  a  similar  nature — 

Section  2.  And  be  it  further  enacted,  that  the  persons  above 
named  or  any  two  of  them  may  call  the  first  meeting  of  said  pro- 
prietors, at  any  suitable  time  and  place  by  notifications  for  that 
purpose  stating  therein  the  time,  place,  and  design  of  such  meeting 
posted  up  at  the  Hotel  in  Nashua  Village,  in  Dunstable  and  at  Fos- 
ters tavern  in  Nottingham  West  at  least  ten  days  prior  to  the  day 
of  meeting  or  by  giving  personal  notice  at  least  one  week  prior 
thereto,  at  which  said  first  meeting  or  at  any  adjournment  thereof 
there  shall  be  chosen  a  clerk  who  shall  be  sworn  faithfully  to  dis- 
charge the  duties  of  his  office  and  whose  duty  it  shall  be  to  record 
the  proceedings  of  said  Corporation  — 

And  at  the  same  or  any  subsequent  meeting  duly  holden  the  said 
proprietors  may  agree  on  the  manner  of  calling  their  annual  and 
occasional  meetings,  may  divide  their  corporate  property  into  shares 
and  prescribe  the  mode  of  transferring  them,  may  order  assessments 


LAWS  OF  NEW  HAMPSHIRE  5  l9 

and  fix  the  time  of  their  payment,  pass  by  laws  not  repugnant  to  the 
laws  of  this  State,  and  annex  penalties  to  the  breach  thereof  not 
exceeding  ten  dollars  for  any  one  offence,  and  also  may  elect  such 
officers  as  they  may  deem  necessary  and  do  and  transact  any  busi- 
ness proper  to  carry  into  effect  the  objects  of  their  association.  And 
all  questions  shall  be  determined  by  a  major  vote  of  the  proprietors 
present  or  represented  at  any  meeting  accounting  and  allowing  one 
vote  to  each  share  in  all  cases;  and  all  representations  shall  be 
proved  in  writing  signed  by  the  person  represented,  and  filed  with 
the  Clerk — 

Section  3.  And  be  it  further  enacted,  that  the  said  Proprietors 
be,  and  they  hereby  are  authorized  and  empowered  to  Construct, 
build  erect  and  keep  in  repair  a  bridge  over  and  across  the  Merri- 
mack River  at  Hamlet's  Ferry  between  the  towns  of  Dunstable  and 
Nottingham  West,  or  at  any  point  between  the  mouth  of  the  South 
branch  of  Nashua  River,  and  the  mouth  of  Salmon  brook;  and  the 
same  from  time  to  time  to  rebuild  and  keep  in  repair  forever. 

Section  4.  And  be  it  further  enacted,  That  for  the  purpose  of 
reimbursing  said  proprietors,  for  their  expences  in  building  and 
keeping  said  Bridge  in  repair,  a  toll  be  and  hereby  is  granted  and 
established;  and  the  toll  gatherers  appointed  by  said  Proprietors  are 
hereby  authorized  to  ask,  demand  and  receive  of  and  from  all  and 
every  person  passing  said  bridge  with  cattle,  horses,  teams  and 
carriages  or  other  thing,  the  rates  of  toll  following,  and  to  stop  and 
detain  all  and  every  person  so  passing  said  bridge  until  such  toll 
shall  be  paid — That  is  to  say — for  every  foot  passenger  two  cents, 
for  every  horse  and  rider  or  led  horse  six  cents;  for  every  chaise 
or  other  carriage  of  pleasure  drawn  by  one  horse  seventeen  cents; 
and  for  each  additional  horse  six  cents,  for  every  cart  or  other  car- 
riage of  burthen  drawn  by  one  horse  or  yoke  of  oxen  ten  cents; 
and  for  each  additional  horse  three  cents;  and  for  each  additional 
yoke  of  oxen  five  cents — for  each  gig  waggon  ten  cents — for  each 
pleasure  sleigh  drawn  by  one  horse  eight  cents;  and  for  each  addi- 
tional horse  four  cents:  for  each  sled  or  sleigh  of  burthen  drawn  by 
one  horse  or  by  one  yoke  of  oxen  six  cents;  and  for  each  additional 
horse  or  yoke  of  oxen  three  cents;  for  each  carriage  of  pleasure 
having  four  wheels  and  drawn  by  two  horses  twenty  five  cents — For 
horses  and  mules  in  droves  three  cents  each,  for  neat  cattle  in 
droves  two  cents  each,  for  sheep  or  swine  one  fourth  of  a  cent  each; 
and  one  person  and  no  more  with  any  loaded  team  or  drove  of 
horses  cattle  sheep  or  swine  shall  be  allowed  to  pass  said  bridge 
free  of  toll,  and  at  all  times  when  the  toll  gatherer  does  not  attend 
his  duty  the  toll  gate  shall  be  left  open — 

Section  5.  And  be  it  further  enacted — .That  the  said  pronrie- 
tors  be  and  they  hereby  are  authorized  to  purchase  and  hold  so 
much  land  as  may  be  necessary  and  convenient  whereon  to  erect 
a  toll  house  not  exceeding  one  acre,  and  also  so  much  land  as  may 


520  LAWS   OF   NEW  HAMPSHIRE 

be  necessary  for  a  road  to  and  from  said  bridge,  and  the  same  may 
exchange,  sell  and  dispose  of  at  pleasure — 

Section  6.  And  be  it  further  enacted,  that  if  said  Bridge  shall 
not  be  completed  within  five  years  from  the  passing  hereof,  this 
act  and  the  privileges  herein  granted  shall  become  void  and  of  no 
effect. 

Section  7.  And  be  it  further  enacted  that  the  treasurer  or  agent 
of  said  incorporation  at  the  expiration  of  five  years  from  the  time 
when  said  bridge  shall  be  completed  and  at  the  expiration  of  every 
five  years  thereafter  shall  make  out  an  account  upon  oath  of  all 
expences  incurred  by  them  in  prosecuting  and  perfecting  the  objects 
contemplated  by  this  act,  and  all  sums  expended  by  them  for  re- 
pairs; and  an  account  also  of  all  the  receipts  and  profits  of  said 
bridge  accruing  from  the  tolls  thereof;  and  shall  present  said  ac- 
count so  made  out  to  the  Justices  of  the  Superior  Court  of  Judica- 
ture to  be  holden  within  and  for  said  County  of  Hillsborough  next 
after  the  expiration  of  the  terms  of  five  years  aforesaid.  And  said 
Justices  upon  examination  of  said  accounts,  may  so  regulate  alter 
and  amend  from  time  to  time  said  rate  of  toll  established  by  this  act 
that  the  net  profits  arising  from  said  tolls  shall  not  exceed  twelve 
per  centum  per  annum  upon  all  monies  so  by  them  expended  as 
aforesaid.  And  if  said  treasurer  or  agent  shall  neglect  to  make  out 
and  present  an  account  aforesaid  at  the  time  or  times  aforesaid,  the 
tolls  shall  thereafter  cease  until  such  account  shall  be  made  out  and 
presented — 


[CHAPTER  46.] 


State  oj  ) 

New  Hampshire.  \ 


An  act  to  regulate  the  inspection  of  Beef  and  Pork  in- 
tended TO  BE  EXPORTED  FROM  THIS  STATE 

[Approved  July  5,  1826.  Original  Acts,  vol.  29,  p.  120;  recorded  Acts, 
vol.  23.  p.  231.  Session  Laws,  1826,  Chap.  46.  Laws,  1830  ed.,  p.  228.  See 
acts  of  June  16,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  759;  December 
28,  1791,  id.,  p.  824;  December  26,  1805,  id.,  vol.  7,  p.  460;  July  1,  1831,  Ses- 
sion Laws,  1831,  June  session,  Chap.  38,  and  June  22,  1832,  id.,  1832,  June 
session.  Chap.  74.  This  act  repeals  act  of  June  18,  1802,  Laws  of  New 
Hampshire,  vol.  7,  p.  108.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes    (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened — that  from  and  after  the  first 
day  of  August  next  no  person  or  persons  whomsoever  shall  ship 
or  export  from  this  State  any  Salted  Beef  except  in  tierces,  barrels 
or  half  barrels  of  the  quality  and  dimensions  herein  after  provided, 
and  unless  the  contents  thereof  are  inspected  and  packed,  and  the 
casks  branded  agreeably  to  the  directions  in  this  Act. 


LAWS   OF   NEW  HAMPSHIRE  521 

Section  2  And  be  it  further  enacted  that  there  shall  be  an  In- 
spector General  of  beef  for  this  State  who  shall  be  well  skilled  in 
the  knowledge  of  the  same  to  be  appointed  by  the  Governor  by  and 
with  the  advice  and  consent  of  the  Council  and  be  by  them  remov- 
able at  pleasure,  and  who  before  he  shall  enter  on  the  duties  of  his 
office  shall  give  bond  with  sufficient  surreties  to  the  Treasurer  of 
this  State  in  the  penal  sum  of  four  thousand  dollars  for  the  faithful 
discharge  of  his  duty  and  shall  also  be  sworn  faithfully  to  perform 
the  same;  and  such  Inspector  shall  have  power  when  so  qualified  to 
appoint  and  shall  appoint  deputy  inspectors  for  whom  he  shall  be 
answerable  and  who  shall  be  removeable  by  him  at  pleasure;  and 
the  same  shall  be  appointed  in  the  several  Counties  in  this  State 
and  reside  in  such  places  as  will  best  accomodate  the  people;  and 
the  said  Inspector  General  shall  take  bonds  from  his  deputies  with 
sureties  in  a  sum  not  exceeding  one  thousand  dollars  nor  less  than 
three  hundred  dollars;  and  the  said  deputy  inspectors  shall  also  be 
sworn  to  the  faithful  discharge  of  their  duty;  and  the  Inspector 
General  is  hereby  authorized  to  administer  the  several  oaths  re- 
quired by  this  act;  and  it  shall  also  be  the  duty  of  the  said  inspector 
or  either  of  his  deputies  to  attend  as  soon  as  may  be  after  request 
made  at  any  suitable  place  within  the  County  where  he  or  they 
may  reside  for  the  purpose  of  inspecting  Beef,  and  it  shall  be  their 
duty  to  see  the  same  weighed  packed  and  Salted. 

Section  3.  And  be  it  further  enacted  that  it  shall  be  the  duty 
of  every  deputy  aforesaid  to  make  return  to  the  Inspector  General 
once  in  every  six  months  of  the  number  of  tierces,  barrels  and  half 
barrels  of  beef  inspected  by  them  agreeably  to  the  directions  of  this 
act;  and  it  shall  be  the  duty  of  the  Inspector  General  in  the  month 
of  June  annually  to  make  a  return  to  the  Governor  and  Council  of 
the  whole  number  of  tierces,  barrels  and  half  barrels  of  beef  in- 
spected according  to  the  directions  in  this  act  by  him  or  his  deputies 
during  the  year  preceeding,  designating  the  different  sorts  of  beef 
and  the  places  at  which  it  was  inspected 

Section  4.  And  be  it  further  enacted  that  no  beef  which  shall  be 
killed  after  the  first  day  of  August  next  shall  be  packed  or  repacked 
in  tierces,  barrels  or  half  barrels  for  exportation  as  aforesaid  unless 
it  be  of  fat  cattle  not  under  three  years  old,  that  all  such  beef  shall 
be  cut  into  pieces  as  nearly  square  as  may  be  and  which  in  size 
shall  not  exceed  eight  pounds  weight  nor  be  less  than  four  pounds 
weight.  And  all  beef  which  the  inspector  or  deputy  inspector  shall 
on  examination,  find  to  have  been  killed  at  a  proper  age,  to  be  fat 
and  otherwise  good  and  merchantable,  shall  be  sorted  and  divided 
by  him  or  them  into  four  different  sorts  to  be  denominated  Mess., 
cargo.  N°  1,  cargo  N°  2;  and  N°  3.  Mess  beef  shall  consist  of  the 
choice  pieces  of  oxen  or  steers  well  fatted,  and  weighing  six  hun- 
dred pounds  or  upwards;   the  shin,  shoulder,  clod  and  neck  shall 


522  LAWS   OF  NEW  HAMPSHIRE 

be  taken  from  the  fore  quarters  and  the  leg  and  the  leg-rand  from 
the  hind  quarters;  and  each  tierce,  barrel  and  half  barrel  con- 
taining beef  of  this  description  shall  be  branded  on  one  of  the  heads 
with  the  words  Mess  Beef.  And  cargo  N°  i  shall  consist  of  choice 
pieces  of  oxen,  steers,  cows  or  heifers  not  under  four  hundred 
pounds  weight  without  any  necks  or  shanks,  and  on  one  head  of  each 
tierce,  barrel  or  half  barrel  containing  beef  of  this  description  shall 
be  branded  cargo  N°  i : 

And  cargo  N°  2  shall  consist  of  fat  cattle  of  all  descriptions  not 
before  mentioned,  of  three  years  old  and  upwards,  (bulls  excepted) 
with  not  more  than  half  a  neck  and  two  shanks  to  each  barrel, 
without  any  hocks,  and  the  same  proportion  to  the  tierce  and  half 
barrel;  each  tierce  barrel  and  half  barrel  of  which  shall  be  branded 
cargo  N"  2:  And  all  beef  packed  and  inspected  in  this  State  other 
than  Mess,  N°  1 .  and  N°  2  as  before  described  shall  be  packed  and 
inspected  and  branded  as  follows  viz,  the  pieces  by  this  act  excluded 
from  Mess,  N°  1,  and  N°  2,  and  also  such  Cattle  as  are  excluded 
from  the  same  together  with  the  end  of  the  neck  and  of  the  hocks 
shall  be  branded  N°  3  and  not  otherwise,  excepting  in  the  case 
mentioned  in  the  fifth  section  of  this  act;  and  the  brand  shall  be  on 
one  of  the  heads  of  the  tierce,  barrel  or  half-barrel  in  which  the  same 
shall  be  packed.  And  every  barrel  of  beef  shall  be  well  salted 
with  seventy  five  pounds  of  clean  St  Ubes,  Isle  of  May,  Lisbon  or 
Turks  isleand  Salt  or  other  salt  of  equal  quality,  or  eighty  pounds  of 
coarse  Liverpool  salt,  or  other  salt  of  equal  quality,  exclusive  of  a 
pickel  as  strong  as  salt  will  make  it,  to  which  shall  be  added  six 
ounces  of  salt-petre  to  each  barrel  of  Mess  beef,  and  four  ounces 
to  each  barrel  or  cargo  N°  1 ,  and  Corgo  N°  2 ;  and  each  tierce  and 
half  barrel  of  beef  shall  be  salted  in  the  same  manner  and  with  the 
same  quantity  of  salt  and  salt-petre  in  proportion  to  the  quantity 
of  beef  they  may  contain. 

Section  5  And  be  it  further  enacted  that  whenever  beef  shall  be 
put  up  for  the  Government  of  the  United  States  the  inspectors  are 
authorized  to  inspect  said  beef  according  to  contract  and  to  brand 
the  same  Navy  or  Navy  mess — 

Section  6.  And  be  it  further  enacted  that  from  and  after  the 
first  day  of  August  next  every  tierce  barrel  and  half-barrel  in  which 
beef  shall  be  packed  or  repacked  for  exportation  shall  be  made  of 
good  seasoned  white  oak  or  white  ash  staves  and  heading  free  from 
any  defect.  And  each  tierce  shall  contain  three  hundred  pounds 
weight  of  beef,  and  each  barrel  two  hundred  pounds  weight  of  beef, 
and  each  half  barrel  one  hundred  pounds  weight  of  beef —  the 
barrels  to  measure  sixteen  inches  and  a  half  between  the  chimes 
and  to  be  twenty  eight  inches  long;  and  the  half  barrels  shall  con- 
tain not  less  than  fifteen  gallons.  The  tierces,  barrels  and  half 
barrels  shall  be  covered  three  fourths  of  their  length  with  good  oak, 
ash,  or  walnut  hoops  leaving  one  fourth  in  the  middle  of  the  same 


LAWS   OF   NEW   HAMPSHIRE  523 

uncovered,  and  the  heads  of  the  same  shall  be  made  of  a  proper 
thickness  and  the  hoops  be  well  set  and  drove  together. 

Section  7  And  be  it  further  enacted  that  every  tierce,  barrel 
and  half  barrel,  in  which  beef  may  be  packed  or  repacked  for  ex- 
portation, shall  be  branded  with  the  first  letter  of  the  christian 
name,  and  the  surname  at  length  of  the  inspector  who  has  inspected 
the  same,  with  the  name  of  the  town  where  it  was  inspected  in  leg- 
ible letters,  with  the  addition  of  A7  Hamp — (for  New  Hampshire) 
and  also  the  year  in  which  said  provisions  shall  be  packed  in  fig- 
ures; and  every  tierce,  barrel  and  half-barrel  of  beef  shall  also  be 
branded  with  the  name  of  the  person  for  whom  the  same  shall  be 
packed. 

Section  8  And  be  it  further  enacted  that  no  deputy  appointed 
by  virtue  of  this  act  shall  inspect  or  brand  any  cask  of  beef  out  of 
the  town  or  county  for  which  he  shall  be  appointed  and  if  any  dep- 
uty inspector  shall  so  inspect  or  brand  any  cask  of  beef  out  of  the 
town  or  county  for  which  he  is  appointed  he  shall  forfeit  and  pay 
the  sum  of  fifty  dollars;  and  if  any  person,  other  than  the  said 
inspector  or  his  deputy,  shall  presume  to  stamp  or  brand  any  cask 
of  beef  in  the  manner  directed  in  this  act,  he  shall  forfeit  and  pay 
the  sum  of  fifty  dollars  for  each  and  every  cask  so  unlawfully 
branded. 

Section  9  And  be  it  further  enacted  that  the  Inspector  General 
or  his  deputy  appointed  by  virtue  of  this  act  shall  be  paid  for  every 
tierce  of  beef  he  may  inspect  and  brand,  twelve  and  a  half  cents;  for 
every  barrel  so  inspected  and  branded,  ten  cents;  and  for  every  half 
barrel  six  cents;  These  sums  are  to  be  exclusive  of  cooperage;  and 
the  charge  of  inspection  shall  be  paid  by  the  shipper;  And  the  in- 
spector general  shall  be  entitled  to  receive  from  any  deputy  he  may 
appoint  four  cents  and  no  more,  for  each  tierce,  three  cents  for  each 
barrel,  and  two  cents  for  each  half  barrel  of  beef  which  said  deputy 
may  inspect  and  brand  according  to  the  directions  of  this  act 

Section  10  And  be  it  further  enacted  that  if  any  inspector  or 
deputy  inspector  appointed  by  virtue  of  this  act  shall  be  guilty  of 
any  neglect  or  fraud  in  inspecting  any  beef  contrary  to  the  true 
intent  and  meaning  of  this  act  or  shall  mark  with  their  respective 
brands  any  cask  containing  beef  which  he  has  net  actually  inspected 
he  shall  forfeit  and  pay  ten  dollars  for  each  and  every  cask  so 
falsely  marked. 

Section  11  And  be  it  further  enacted  that  if  any  person  shall 
intermix,  take  out,  or  shift  any  beef  from  any  cask  inspected  or 
brandpd  as  by  this  act  is  required  or  put  into  the  same  any  other 
beef  for  exportation  contrary  to  the  intention  of  this  act  the  person 
or  persons  so  offending  shall  for  each  and  every  offence  forfeit  and 
pay  the  sum  of  twentv  dollars 

Section  12.  And  be  it  further  enacted  that  no  salted  beef  shall 
be  exported  out  of  State  unless  the  master  or  owner  of  the  vessel 


524  LAWS  OF   NEW  HAMPSHIRE 

in  which  the  same  shall  be  exported  produces  to  the  collector  or 
some  other  officer  authorized  by  the  laws  of  the  United  States  to 
clear  vessels  out,  a  certificate  from  the  inspector  general  or  his  dep- 
uty that  the  same  has  been  inspected  and  branded  according  to  the 
directions  of  this  act;  and  each  certificate  shall  express  the  number 
of  tierces,  barrels  and  half  barrels  of  beef  of  each  sort;  and  the 
master  or  owner  of  every  vessel  in  which  beef  is  so  exported  on 
producing  said  certificate  shall  take  and  subscribe  the  following 
oath  before  the  officer  authorized  to  clear  out  vessels  as  aforesaid:  — 

I  A  B  of  do  sware  that  according  to  the  best  of  my 

knowledge  and  belief  the  certificate  hereunto  annexed  contains  the 
whole  quantity  of 'salted  beef  on  board  the  master  and 

that  no  salted  beef  is  shipped  on  board  said  vessel  for  the  ships 
company,  on  freight  or  on  cargo  but  what  is  inspected  and  branded 
according  to  the  laws  of  this  State    So  help  me  God. 

Section  13.  And  be  it  further  enacted,  that  for  each  and  every 
certificate  given  by  the  inspector  or  deputy  inspector  for  beef  ex- 
ported he  shall  receive  for  a  quantity  not  exceeding  one  hundred 
tierces  barrels  or  half  barrels,  twenty  five  cents;  for  every  certifi- 
cate for  more  than  one  hundred  and  less  than  two  hundred,  fifty 
cents;  and  for  every  certificate  including  more  than  two  hundred 
tierces,  barrels  or  half  barrels  one  dollar,  to  be  paid  by  the  shipper; 
and  the  inspector  and  deputy  inspector  are  hereby  severally  directed 
to  give  such  certificates  whenever  requested 

Section  14  And  be  it  further  eanacted  that  all  penalties  and 
forfeitures,  arising  by  force  and  virtue  of  this  act  shall  be  recov- 
ered by  action  of  debt  or  information  in  any  court  proper  to  try 
the  same;  cne  moiety  thereof  to  be  to  the  use  of  the  town  where 
the  offence  may  be  committed  and  the  other  moiety  to  the  use  of 
him  or  them  who  shall  inform  or  sue  for  the  same,  excepting  in  cases 
wh^re  the  seizure  and  information  shall  be  made  by  the  inspector 
or  his  deputy  as  is  herein  after  provided. 

Section  15  And  be  it  further  enacted  that  nothing  in  this  act 
shall  prevent  the  exportation  of  rounds  of  Beff  in  kegs  or  tubs  as  is 
now  practiced,  provided  however  that  the  name  of  the  owner  and 
the  town  where  he  resides  shall  be  branded  on  one  head  of  each 
keg  or  tub  under  the  penalty  of  one  dollar  for  each  keg  or  tub  as 
aforesaid  not  so  branded  as  aforesaid 

Section  16.  And  be  it  further  enacted  that  if  any  person  or  per- 
sons shall  export  or  ship  for  exportation  from  this  State  any  salted 
beef  not  inspected  and  branded  as  by  this  act  is  directed  every  such 
exporter  or  shipper  and  the  master  of  evry  vessel  having  on  board 
such  uninspected  beef  shall  on  conviction  respectively  forfeit  and 
pay  the  sums  following;  the  owner  or  exporter  shall  forfeit  and  pay 
the  sum  of  six  dollars,  and  the  master  of  any  vessel  having  the 
same  on  board  the  sum  of  two  dollars  for  every  cask  exported  or 
shipped  for  exportation  as  aforesaid.     And  it  shall  be  lawful  for 


LAWS  OF   NEW  HAMPSHIRE  525 

any  justice  of  the  peace,  upon  any  information  given  of  any  beef 
being  put  on  board  any  vessel  as  aforesaid  not  inspected  and 
branded  as  is  required  by  this  act  to  issue  his  warrant,  directed 
to  the  Sheriff  or  his  deputy  or  to  a  constable  requiring  them  re- 
spectively to  make  seizure  of  any  such  salted  beef  not  marked  and 
branded  as  aforesaid,  and  to  secure  the  same  in  order  for  trial; 
and  said  officers  are  hereby  respectively  required  and  empowered 
to  execute  the  same;  and  it  shall  be  the  duty  of  every  person  when 
required  to  give  the  necessary  aid  for  that  purpose  on  pain  of  for- 
feiting five  dollars  for  his  refusal.  And  it  shall  also  be  lawful  for 
the  Inspector  General  or  any  of  his  deputies  having  information  or 
knowledge  of  any  quantity  of  beef  being  laden  in  any  port  or  place 
within  this  State  for  exportation  in  respect  to  which  there  shall  not 
be  a  conformity  to  this  act,  to  make  seizure  thereof  forthwith,  or 
to  file  a  libel  or  information  thereupon  in  any  court  proper  to  try 
the  same  and  upon  trial  of  such  beef  so  seized  in  case  a  breach  of 
this  act  shall  be  proved  it  shall  be  liable  to  condemnation  and  for- 
feiture, one  moiety  to  the  use  of  the  State  and  the  other  moiety  to 
the  use  of  the  officer  seizing  and  prosecuting  for  the  same. 

Section  17.  And  be  it  further  enacted  that  from  and  after  the 
said  first  day  of  August  next  no  person  or  persons  whomsoever  shall 
ship  or  export  from  this  State  any  salted  Pork,  except  in  barrels  or 
half  barrels  of  the  quality  and  dimensions  hereinafter  provided 
and  the  contents  thereof  be  inspected  and  packed  and  the  casks 
containing  the  same  be  branded  agreeably  to  the  directions  in  this 
act. 

Section  18.  And  be  it  further  enacted  that  from  and  after  the 
first  day  of  August  next  all  pork  packed  or  re-packed  in  barrels  or 
half  barrels  for  exportation  shall  be  sorted  and  divided  by  the  in- 
spector or  his  deputy  and  denominated  as  follows;  bone  middlings, 
navy  mess  pork,  Cargo  N°  1,  cargo  N°  2  and  refuse  pork —  and 
in  all  cases  the  following  parts  shall  be  taken  out  as  refuse  viz. 
nose  pieces,  ears,  brains,  tails,  feet  and  lard.  Bone  middlings  shall 
consist  of  middle  pieces  taken  from  hogs  well  fatted  weighing  two 
hundred  and  thirty  pounds  or  upwards.  Navy  mess  pork  shall 
consist  of  all  parts  of  the  carcass  well  fatted  weighing  from  one 
hundred  and  sixty  pounds  to  two  hundred  and  thirty  pounds  except 
the  head  fore  and  hind  legs,  the  shoulder  joint  lard  and  refuse 
parts  above  mentioned.  Cargo  N°  1.  shall  consist  of  all  parts  of 
hogs  well  fatted  averageing  two  hundred  and  twenty  pounds  or  up- 
wards and  each  of  which  shall  weigh  not  less  than  one  hundred  and 
eighty  pounds  and  to  have  no  more  heads;  legs,  shoulders  or  other 
coarse  parts  than  belong  to  one  carcass  deducting  the  lard  and 
refuse  as  above.  Cargo  N°  2  shall  consist  of  all  parts  of  one  and 
a  half  hog  well  fatted  which  shall  weigh  two  hundred  pounds  de- 
ducting the  lard  and  refuse  as  above — Cargo  N°  2.  also  in  half 
barrels  shall  consist  of  pig  pork  all  parts  of  one  carcass  or  not  and 


526  LAWS   OF    NEW    HAMPSHIRE 

not  to  contain  the  head  or  legs  of  more  than  one  carcass  excluding 
the  lard  and  refuse  as  above.  Refuse  pork  shall  consist  of  all  other 
kinds  of  pork  of  an  unmerchantable  but  wholesome  quality  Barrels 
filled  with  pork  heads,  or  feet  shall  be  branded  pork  heads  or  feet 
(as  the  case  may  be)  and  in  all  cases  where  legs  of  pork  are  taken 
from  the  barrel  to  bacon  or  for  any  other  purpose  one  shoulder 
shall  be  added  instead  thereof  provided  the  hog  from  which  said 
shoulder  is  taken  shall  weigh  two  hundred  and  fifty  pounds  or  up- 
wards; and  the  deficiency  between  the  legs  and  the  shoulder  as 
aforesaid  shall  be  made  up  of  pieces  not  less  valuable  than  the 
legs  aforesaid  And  each  barrel  of  pork  shall  be  well  salted  with 
seventy  pounds  of  clean  coarse  salt  exclusive  of  a  strong  pickle 

Section  19  And  be  it  further  enacted  that  every  barrel  and  half- 
barrel  in  which  pork  shall  be  packed  or  repacked  for  exportation 
shall  be  made  of  good  seasoned  white  oak  or  white  ash  staves  and 
heading  free  from  defect;  each  barrel  shall  contain  two  hundred 
pounds  weight  of  pork;  the  barrels  shall  measure  seventeen  and  one 
quarter  inches  between  the  chimes  and  contain  not  less  than  thirty 
one  gallons  and  a  half,  to  be  covered  three  fourths  of  the  length 
with  good  oak,  ash,  or  walnut  hoops  leaving  one  fourth  of  the  space 
in  the  center  of  the  barrel  uncovered 

Section  20  And  be  it  further  enacted  that  all  barrels  and  half 
barrels  of  pork  packed  or  re-packed  for  exportation  shall  be 
branded  with  the  first  letter  of  the  christian  name  and  the  sur  name 
at  length  of  the  inspector  who  has  inspected  the  same,  with  the 
name  of  the  town  where  it  was  inspected,  in  legible  letters  with  the 
addition  of  N.  Hamp.  (for  New  Hampshire)  and  every  barrel  and 
half  barrel  of  the  three  first  sorts  shall  also  be  branded  with  the 
nam?  of  the  person  for  whom  the  pork  was  packed,  and  each  barrel 
shall  be  branded  on  one  of  the  heads  with  the  quantity  of  the  pork  it 
contains 

Section  2 1  And  be  it  further  enacted  that  the  Inspector  General 
and  deputy  inspectors  of  beef  to  be  appointed  by  virtue  of  this 
act  shall  also  be  inspectors  of  pork;  and  all  the  rules,  certificates 
and  regulations,  the  fees,  fines  and  forfeitures  relating  to  the  in- 
spection and  exportation  of  beef  mentioned  in  this  act  and  the  man- 
ner of  recovering  the  same  shall  extend  to  all  barrels  and  half 
barrels  of  pork  packed  for  exportation  agreeably  to  the  directions 
of  this  act,  excepting  in  such  particulars  where  provision  is  herein 
otherwise  expressly  made. 

Section  22.  And  be  it  further  enacted  that  no  salted  pork 
packed  or  repacked  after  the  first  day  of  August  next  shall  be  ex- 
ported from  this  State  unless  the  master  or  owner  of  the  vessel  pro- 
duce to  the  collector  or  any  other  officer  authorized  by  the  laws 
of  the  United  States  to  clear  out  vessels,  a  certificate  from  the  in- 
spector General  or  his  deputy  in  the  same  form,  and  shall  also  take 
and  subscribe  an  oath  in  the  same  manner  and  form  as  is  by  this  act 
required  respecting  the  exportation  of  beef 


LAWS  OF   NEW   HAMPSHIRE  527 

Section  23  And  be  it  further  enacted  that  all  the  provisions, 
penalties,  regulations  and  requirements  contained  in  this  act  shall 
be  construed  to  extend  and  snail  extend  to  all  beef  and  pork  trans- 
ported or  intended  to  be  transported  costwise  from  any  port  or  place 
in  this  State  to  any  of  the  United  States  or  shipped  on  board  any 
vessel  for  any  purpose  whatever 

Section  24  And  be  it  further  enacted  that  the  act  entitled  an 
act  to  regulate  the  inspection  of  beef  and  pork  intended  to  be  ex- 
ported from  this  State  passed  June  18.  1802  and  also  an  act  entitled 
an  act  in  addition  to  an  act  entitled  an  act  to  regulate  the  inspection 
of  beef  &c  passed  December  26.  1805  be  and  the  same  are  hereby 
repealed.  Provided  nevertheless  that  said  acts  shall  be  considered 
as  in  full  force  with  regard  to  all  actions  and  prosecutions  now 
pending  for  any  penalty,  or  forfeiture  incurred  for  the  breach  of 
the  same  And  provided  also  that  nothing  in  this  act  contained 
shall  be  construed  to  affect  the  exportation  of  any  beef  or  pork  that 
shall  be  duly  inspected  before  the  first  day  of  August  next  agreeably 
to  the  laws  now  in  force. 


[CHAPTER  47.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  prescribe  the  mode  of  election  of  Representatives 
for  this  State  in  the  Congress  of  the  United  States. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  121;  recorded  Acts, 
vol.  23,  p.  243.  Session  Laws,  1826,  Chap.  47.  Laws,  1830  ed.,  p.  418.  See 
acts  of  February  7,  1789,  Laws  of  New  Hampshire,  vol.  5,  p.  419;  June 
17,  1790,  id.,  p.  518,  and  December  16,  1824,  ante,  p.  330.  This  act  repeals 
acts  of  June  21,  1792,  Laws  of  New  Hampshire,  vol.  6,  p.  45,  and  June  19, 
1812,  id.,  vol.  8,  p.  128.  Repealed  by  act  of  December  23,  1842.  See  Revised 
Statutes    (1842),  Chap.  230.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  the  inhabitants  of 
the  several  towns  and  places  within  this  State  qualified  to  vote  in 
the  choice  of  Senators  for  the  State  Legislature,  shall  assemble  in 
their  respective  towns  or  places  on  the  second  Tuesday  of  March 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty 
seven,  and  on  the  second  Tuesday  of  March  in  every  second  year 
thereafter,  to  vote  by  ballot  for  six  persons  or  so  many  persons  as 
the  State  of  'New  Hampshire  may  be  entitled  to  duly  qualified  to 
represent  this  State  in  the  Congress  of  the  United  States  for  the 
term  of  two  years  from  and  after  the  third  day  of  the  same  month 
of  March.  And  the  manner  of  calling  and  governing  said  meetings 
in  the  several  towns  and  places,  and  of  receiving,  sorting,  counting 
and  declaring  the  votes  for  representatives  in  Congress  shall  be 


528  LAWS   OF   NEW  HAMPSHIRE 

the  same  as  is  by  law  prescribed  in  relation  to  votes  for  State  offi- 
cers; and  a  full  and  fair  copy  of  the  record  of  all  the  votes  shall 
be  made  out  and  certified  by  the  clerks  of  such  towns  and  places 
respectively;  and  sealed  up  and  directed  to  the  Secretary  of  State 
with  a  superscription  expressing  the  purport  thereof:  and  the  said 
clerks  shall  cause  such  certified  copy  to  be  delivered  to  the  Sheriff 
of  the  County  in  which  said  towns  or  places  shall  be,  thirty  days 
at  least  before  the  first  Wednesday  of  June  following,  or  to  the 
Secretary  of  the  State  at  least  twenty  days  before  the  said  first 
Wednesday  of  June;  and  the  Sheriff  of  each  County,  or  his  deputy, 
shall  deliver  all  such  certificates  by  him  received,  into  the  Secre- 
tary's office  at  least  twenty  days  before  the  said  first  Wednesday 
of  June.  And  the  Secretary  shall  as  soon  as  may  be  lay  the  said 
returns  before  the  Governor  and  Council  to  be  by  them  examined. 
And  in  case  there  shall  appear  to  be  any  or  the  full  number  elected 
by  a  majority  of  votes,  the  person  or  persons  thus  chosen  shall  be 
declared  duly  elected;  and  the  Governor  shall  forthwith  transmit 
to  the  person  or  persons  so  chosen  a  certificate  of  such  choice  signed 
by  the  Governor  and  countersigned  by  the  Secretary 

Section  2  And  be  it  further  enacted,  that  in  case  there  shall 
not  be  any  or  the  whole  number  elected  the  Governor  with  advice  of 
council,  shall  cause  precepts  to  be  issued  to  the  Selectmen  of  the 
several  towns  and  places  within  this  State,  directing  and  requiring 
said  Selectmen  to  notify  and  warn  the  inhabitants  of  their  respective 
towns  and  places  qualified  as  aforesaid  to  assemble  at  the  time 
prescribed  in  such  precepts  to  give  their  votes  for  one  or  more  per- 
sons or  so  many  persons  as  there  may  be  vacancies  to  be  filled,  for 
a  Representative  or  Representatives,  in  the  Congress  of  the  United 
States  as  aforesaid.  And  the  said  meetings  shall  be  called  and  gov- 
erned in  the  manner  herein  before  prescribed;  and  the  inhabitants 
assembled  at  said  meetings  qualified  as  aforesaid  may  give  in  their 
votes  for  any  person  or  persons  so  qualified  to  represent  this  State 
in  the  Congress  of  the  United  States.  And  the  votes  for  such  Rep- 
resentatives shall  be  received,  sorted  counted,  declared  and  certified 
in  the  manner  prescribed  in  the  preceding  section  of  this  Act.  And 
the  several  Clerks  aforesaid  shall  transmit  the  same  to  the  Sheriff 
of  the  County  in  which  their  respective  towns,  are  situated  within 
ten  days  after  the  time  of  holding  said  meetings,  or  shall  transmit 
the  same  to  the  secretarys  office  within  fifteen  days  after  the  time 
of  holding  such,  meetings;  and  the  several  Sheriffs  shall,  within 
twenty  days  after  the  time  of  holding  such  meetings  transmit  to  the 
Secretaries  office  all  returns  that  shall  in  manner  aforesaid  have 
been  delivered  to  them;  and  the  Secretary  shall  as  soon  as  may  be 
lay  the  said  returns  before  the  Governor  and  council  to  be  by  them 
examined.  And  in  case  of  an  election  of  one  or  all  the  candidates 
to  fill  said  vacancies  by  a  majority  of  the  votes  returned  from  the 
several  towns  and  places,  the  person  or  persons  thus  chosen  shall 


LAWS   OF   NEW   HAMPSHIRE  529 

be  declared  duly  elected;  and  the  Governor  shall  forthwith  trans- 
mit to  the  person  or  persons  so  chosen  a  certificate  of  such  choice 
signed  by  the  Governor  and  countersigned  by  the  Secretary. 

Section  3.  And  be  it  further  enacted  That  in  case  so  many  per- 
sons as  may  be  necessary  shall  not  be  elected  on  said  second  ballot- 
ting  by  a  majority  of  the  votes  returned  from  the  several  towns  and 
places  in  this  State  the  Governor  with  advice  of  the  council  shall 
forthwith  cause  precepts  to  be  issued  as  aforesaid  directing  meet- 
ings of  the  inhabitants  of  the  several  towns  and  places  within  this 
State  to  be  called  at  the  time  prescribed  in  such  precepts,  and  the 
same  proceedings  shall  be  had  as  are  prescribed  in  the  second  sec- 
tion of  this  act;  and  in  case  it  shall  happen  that  at  such  balloting 
so  many  persons  as  are  necessary  shall  not  be  elected  the  Governor 
with  advice  of  council  shall  again  cause  precepts  to  be  issued  as 
aforesaid  and  the  same  proceedings  shall  be  had  as  before  pre- 
scribed in  this  section  until  so  many  persons  as  are  necessary  shall 
have  a  majority  of  votes.  And  a  certificate  of  the  election  of  the 
person  or  persons  so  chosen  shall  forthwith  be  transmitted  to  him 
or  them  as  aforesaid 

Section  4  And  be  it  further  enacted,  That  whenever  any  va- 
cancy or  vacancies  shall  happen  in  the  representation  of  this  State 
in  the  Congress  of  the  United  States,  the  Governor  with  advice  of 
council  shall  cause  precepts  to  be  issued  to  the  Selectmen  of  the 
several  towns  and  places  within  this  State,  directing  and  requiring 
them  to  notify  and  warn  the  inhabitants  of  such  towns  and  plaes, 
duly  qualified  as  aforesaid,  to  assemble  on  the  day  in  such  precepts 
mentioned  to  give  in  their  votes  for  a  Representative  or  representa- 
tives to  supply  such  vacancy  or  vacancies;  and  the  same  proceed- 
ings shall  be  had  thereon  as  are  directed  in  the  third  section  of  this 
act.  And  in  case  no  person  or  persons  shall  be  chosen  to  fill  such 
vacancy  or  vacancies  on  the  first  balloting,  by  a  majority  of  the 
votes  returned,  precepts  shall  be  forthwith  issued  as  aforesaid  to 
supply  such  vacancy  and  the  same  proceedings  shall  be  had  as  are 
herein  before  prescribed;  and  the  person  or  persons  having  a  ma- 
jority of  votes  on  the  second,  or  the  highest  number  on  any  after 
ballotting,  shall  be  declared  duly  elected,  and  a  certificate  of  the 
election  of  the  person  or  persons  chosen  to  supply  such  vacancy  or 
vacancies  shall  forthwith  be  transmitted  to  him  Provided  however 
that  in  case  the  precepts  so  issued  shall  in  any  case  direct  the  meet- 
ing to  supply  such  vacancy  to  be  held  on  the  second  Tuesday  of 
March  in  any  year  the  votes  so  given  in  at  such  meeting  may  be 
returned  and  counted  at  the  times  specified  in  the  first  section  of 
this  act. 

Section  5  And  be  it  further  enacted,  That  the  several  town 
Clerks  and  Sheriffs  shall  be  liable  to  the  same  penalties  for  neglect 
of  the  duties  enjoined  on  them  respectively  by  this  act  as  they  are 

34 


530  LAWS  OF   NEW  HAMPSHIRE 

by  law  liable  to  for  neglect  in  returning  the  votes  given  for  Gov- 
ernor, Counsellors  and  Senators 

Section  6.  And  be  it  further  enacted  That  an  act  entitled  "An 
Act  directing  the  mode  of  choosing  Representatives  to  the  Con- 
gress of  the  United  States"  passed  June  21.  1792  and  An  Act  in 
addition  thereto,  passed  June  19.  181 2.  be  and  the  same  are  hereby 
repealed 


[CHAPTER  48.] 


State  oj  ) 

New  Hampshire.  \ 


An  Act  to  alter  the  names  of  certain  persons  therein  men- 
tioned 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  122;  recorded  Acts, 
vol.  23,  p.  248.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  from  and  after  the  passage  of  this 
act  the  several  persons  herein  named  shall  be  called  and  known  by 
the  names  which  by  this  act  they  are  respectively  allowed  to  as- 
sume, viz.  Robert  Howe  Alcock,  of  Claremont,  may  take  the  name 
of  Robert  How  Otis;  that  Susan  Hogg  of  Merrimack,  may  take 
the  name  of  Emeline  Bartlett;  that  Cyrus  Bradford  Alcock,  of 
Claremont,  may  take  the  name  of  Cyrus  Bradford  Otis;  that  Luke 
Alcock  of  Deering,  may  take  the  name  of  Luke  Otis;  that  Timothy 
Bradford  Alcock,  of  Dunstable  may  take  the  name  of  Timothy 
Bradford  Otis;  that  Mary  Ann  Stevens  of  Bradford,  may  take  the 
name  of  Mary  Ann  Miller;  that  Moses  Glover  of  Wolfborough  may 
take  the  name  of  Moses  Wyman;  that  John  Fassett  third,  of  Fitz- 
william,  may  take  the  name  of  John  Williams  Fawsett;  that  John 
Woodcock  of  Hillsborough,  may  take  the  name  of  John  Burtrum; 
that  Dorthey  Woodcock  wife  of  the  aforesaid  John  Woodcock,  may 
take  the  name  of  Dorthey  Bertrum;  that  Dorthey  Woodcock  of 
Hillsborough,  may  take  the  name  of  Dorthey  Bertrum;  that  Sarah 
Woodcock  of  Hillsborough  may  take  the  name  of  Sarah  Burtrum; 
that  Rebecah  Woodcock  of  Hillsborough;  may  take  the  name  of 
Rebecah  Burtrum;  that  Eliza  Woodcock,  of  Hillsborough,  may 
take  the  name  of  Eliza  Burtrum;  that  Celista  Woodcock  of  Hills- 
borough, may  take  the  name  of  Celista  Burtrum;  that  Belinda 
Woodcock  of  Hillsborough,  may  tke  the  name  of  Belinda  Burtrum; 
and  that  Asahel  Adams  of  Moultonborough;  may  take  the  name  of 
Asahel  Lamson  Adams,  and  the  same  shall  be  considered  as  their 
proper  and  legal  names 


LAWS  OF   NEW  HAMPSHIRE  S31 

[CHAPTER  49.] 


State  of  \ 

New  Hampshire.  \ 


An  act  in  addition  to  an  act  regulating  bail  in  Civil  causes. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  123;  recorded  Acts, 
vol.  23,  p.  250.  Session  Laws,  1826,  Chap.  49.  See  acts  of  February  15, 
1 79 1,  Laws  of  New  Hampshire,  vol.  5,  p.  687;  February  21,  1794,  id.,  vol.  6, 
p.  158;  December  15,  1797,  id.,  p.  452;  June  23,  1818,  id.,  vol.  8,  p.  688,  and 
December  25,  1828,  jwst.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  That  Scire  facias  may  be  served  upon  the 
bail  at  any  time  previous  to  the  second  term  of  the  Court  next  to  be 
holden  in  the  County,  after  entering  up  final  Judgment  against  the 
principal,  any  thing  in  the  act  to  which  this  is  an  addition  to  the 
contrary  not  withstanding 


[CHAPTER  50.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  "an  act  regulating  proprietory  mat- 
ters" passed  December  22  1808. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  124;  recorded  Acts, 
vol.  23,  p.  250.  Session  Laws,  1826,  Chap.  50.  The  act  referred  to  is  printed 
in  Laws  of  New  Hampshire,  vol.  7,  p.  774.  See  also  acts  of  June  17,  1796, 
id.,  vol.  6,  p.  335;  December  24,  1798,  id.,  p.  528,  and  July  3,  1839,  Session 
Laws,  1839,  Chap.  436.     Repealed  by  act  of  July  3,  1827,  post.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  it  shall  be  the  duty  of 
every  person  in  this  State,  not  being  a  proprietors  Clerk;  nor  being 
the  Clerk  of  any  town  having  in  his  or  her  possession  the  proprie- 
tory records,  or  any  parts  thereof,  of  any  town  in  this  State,  so 
connected  with  the  proprietory  records  of  any  other  town  or  place, 
that  they  cannot  be  seperated  therefrom,  without  injury,  to  deposit 
all  such  records  in  the  Secretary's  office  within  three  months,  after 
the  passage  of  this  Act,  or  within  three  months,  from  the  time  such 
records  may  hereafter  come  to  his  or  her  possession;  on  penalty  of 
forfeiting  the  sum  of  one  hundred  dollars  to  the  use  of  any  person 
who  may  sue  for  the  same,  to  be  recovered  in  an  action  of  debt 

Section  2.  And  be  it  further  enacted,  that  after  such  records 
shall  be  deposited  in  the  Secretary's  office,  it  shall  be  the  duty  of 
the   Secretary  to   make   and   certify   copies   thereof,   or   any   part 


532  LAWS   Of  B   .MP  SHIRE 

thereof,  for  the  use  of  any  person  applying  for  the  same;  and  such 
copies  shall  be  received  and  used  in  all  Courts  and  all  other  pla 
:uly  authenticated  c  of  such  recor 


[CHAPTER  51.] 


.   ACT  FOR  REV:      ,.\D  CONTINUING  IN  FORCE  FOR  CERTAIN  PUR- 
POSES THE  ACTS  REPEALED  EY  AN  ACT  PASSED  JUNE  JO.  AD.  I  ;  1  - 

[A;  i  July  _  .  .-. 

23,  p.  _  _   .   Cha]  referred  to,  ante, 

|22.] 

it  enacted  by  the  Senate  and  H  of  Re;  in 

General  Court  Convened,  that  the  acts  repealed  by  an  act  entitled 
an  act  for  the  limitations  of  actions  and  preventing  vexati         mits 
June  '  -  [825  be       far  revived  and  continued  in  force 

that  ai;  -re  per  n  any  Court  in  the  State  on  the 

June  m  ,n  the  same  pleadings  and  in  the 

sam  and  manner  as  the  same  might  have  been  tried  had  not 

said  last  mentioned  act  been  passed 


XHAPTER  52 


State  oj 
New  Hampshire.  \ 


MENDMENT  TO  AN  ACT  ENTITLED  "AN  ACT  ESTABLISH- 
ING THE  TI  ND  PL  ,F  HOLDING  THE  PrOEAT  ,RT 
WITHIN    AND    FOR    THE    COUNTY    OF    ROCKINGHA                 5ED    DEC. 

15-  AD.  1824 

[Approved  July 

26,  Cha] 

acted  by  the  Senate  and  House  of  Re:  in 

General  Court  c  d.  that  the  Probate  Court  shall  be  holden  at 

the  Thur  rhe  first  Tues  f  May 

annually  and  not  on  the  first  Tu  :n  Maj  -      'led  in  the 

Act  aforesaid 


LAWS   OF   NEW   HAMPSHIRE  533 

[CHAPTER  53.] 


State  of  I 

\<  w  Hampshire.  \ 


An  Act  to  establish  salaries  for  the  officers  of  the  Courts 
of  Probate  in  this  State. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  127;  recorded  Acts, 
vol.  23,  p.  253.  Session  Laws,  1826,  Chap.  53.  This  act  partly  repeals  act 
of  December  23,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  1003.  Repealed 
by  act  of  January  2,  1829,  post.'] 

1 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  several  Judges  of 
Probate  in  this  State,  shall  have  and  receive  out  of  the  treasury,  a 
salary,  to  be  paid  quarterly,  by  warrant  on  the  Treasurer  of  the 
State,  on  the  first  days  of  January,  April,  July  and  October  annu- 
ally, which  salary  shall  be  in  full  compensation  for  all  services 
which  by  the  laws  of  this  State  ought  to  be  rendered  by  the  Judges 
of  Probate  in  their  respective  counties. 

Section  2.  And  be  it  further  enacted,  that  the  several  Registers 
of  Probate  in  this  State  shall  have  and  receive  out  of  the  Treasury, 
a  salary,  to  be  paid  quarterly,  by  warrant  on  the  Treasurer  of  the 
State,  on  the  first  days  of  January,  April,  July  and  October  annu- 
ally, upon  furnishing  the  treasurer  with  a  certificate  from  the  Judge 
of  Probate  in  their  respective  Counties,  that  the  records  of  their 
respective  courts  are  made  according  to  law;  which  salary  shall  be 
in  full  compensation  for  all  services  which  by  law  ought  to  be  ren- 
dered by  the  Register  of  Probate,  in  their  respective  courts.  Pro- 
vided, that  in  all  cases  where  copies  of  the  records  may  be  called 
for  to  be  used  in  any  place  other  than  the  Court  of  Probate  in  their 
respective  counties,  the  Registers  of  Probate  thereof  may  demand 
and  receive  the  same  fees  as  other  certifying  officers,  excepting  for 
copies  necessary  for  Executors,  administrators  or  guardians  in  the 
settlement  of  estates:  and  for  all  fees  so  received  th<-  register  shall 
give  the  person  paying  the  same  a  receipt  stating  the  amount  re- 
ceived and  for  what  copies — 

Section  3.  And  be  it  further  enacted,  that  the  Judge  of  Probate 
for  the  county  of  Rockingham  shall  receive  the  sum  of  three  hun- 
dred forty  dollars,  and  the  Register  of  Probate  for  said  County, 
the  sum  of  four  hundred  seventy  dollars;  the  Judge  of  Probate 
for  the  county  of  Strafford  shall  receive  the  sum  of  four  hundred 
twenty  dollars  and  the  Register  of  Probate  for  said  County,  the  sum 
of  five  hundred  seventy  five  dollars;  The  Judge  of  Probate  for  the 
County  of  Merrimack  shall  receive  the  sum  of  two  hundred  forty 
five  dollars  and  the  Register  of  Probate  for  said  County  the  sum 
of  three  hundred  forty  five  dollars;  The  Judge  of  Probate  for  the 


5  34  LAWS  OF   NEW  HAMPSHIRE 

County  of  Hillsborough  shall  receive  the  sum  of  two  hundred  sev- 
enty dollars,  and  the  Register  of  Probate  for  said  County  the  sum 
of  three  hundred  seventy  five  dollars  The  Judge  of  Probate  for 
the  County  of  Cheshire  shall  receive  the  sum  of  three  hundred  sixty 
dollars,  and  the  Register  of  Probate  for  said  County  the  sum  of  five 
hundred  dollars;  The  Judge  of  Probate  for  the  County  of  Grafton 
shall  receive  the  sum  of  two  hundred  seventy  five  dollars  and  the 
Register  of  Probate  for  said  County,  the  sum  of  three  hundred 
eighty  dollars;  The  Judge  of  Probate  for  the  County  of  Coos  shall 
receive  the  sum  of  one  hundred  dollars,  and  the  Register  of  Pro- 
bate for  said  County,  the  sum  of  one  hundred  twenty  five  dollars; 
which  sums  shall  be  in  full  for  the  annual  salaries  of  the  aforesaid 
officers,  and  shall  be  paid  to  them  respectively,  in  manner  as  in  this 
act  is  heretofore  provided. 

Section  4.  And  be  it  further  enacted,  that  so  much  of  an  act 
entitled  "an  act  regulating  fees,  and  repealing  certain  acts  relative 
to  the  same"  as  relates  to  the  fees  of  the  Judges  of  Probate,  and 
Registers  of  Probate,  and  all  other  acts  or  parts  of  acts,  inconsistent 
with  the  provisions  of  this  act,  shall  be,  and  the  same  hereby  are, 
repealed — Provided  that,  this  act  shall  not  take  effect  until  the 
tenth  day  of  July  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty  six. 


[CHAPTER  54.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Proprietors  of  the  Gilford  Uni- 
versalists  social  library 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  128;  recorded  Acts, 
vol.  23,  p.  256.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Levi  R  Weeks,  Joseph 
R  Goss  and  their  associates  and  successors  are  hereby  made  a  cor- 
poration by  the  name  of  the  Proprietors  of  the  Gilford  Univer- 
salist's  Social  Library,  and  are  authorized  to  acquire  and  hold  per- 
sonal estate  not  exceeding  in  value  five  hundred  dollars,  and  are 
invested  with  all  the  powers  and  privileges  and  subject  to  all  the 
duties  and  liabilities  of  corporations  of  a  similar  nature 

Section  2.  And  be  it  further  enacted,  that  Levi  R  Weeks  may 
call  the  first  meeting  of  said  corporation  by  posting  up  advertise- 
ments of  the  time,  place  and  obiect  thereof  in  two  public  places  in 
said  Gilford  at  least  ten  days  prior  to  said  meeting. 


LAWS  OF   NEW   HAMPSHIRE  535 

[CHAPTER  55.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act  entitled  "An  act  for  the  de- 
scent AND  DISTRIBUTION  OF  INTESTATE  ESTATES"  PASSED  JULY 
2D    1822. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  129;  recorded  Acts, 
vol.  23,  p.  257.  Session  Laws,  1826,  Chap.  55.  Laws,  1830  ed.,  p.  354.  See 
act  referred  to,  ante,  p.  102.  See  also  acts  of  February  3,  1789,  Laws  of 
New  Hampshire,  vol.  5,  p.  384;  January  4,  1792,  id.,  p.  838;  December  13, 
1792,  id.,  vol.  6,  p.  60,  and  December  21,  1824,  ante,  p.  360.  Repealed  by  act 
of  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  i  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  Executor  or  Admin- 
istrator of  any  Estate,  may  require  of  any  person  having  a  claim 
against  such  Estate,  to  exhibit  the  same  under  oath,  which  oath 
shall  be  annexed  to  such  claim  and  certified  by  a  magistrate  admin- 
istering the  same,  and  shall  be  in  the  form  following —  I 
A.  B  do  solemnly  swear  (or  affirm)  that  according 
to  the  best  of  my  knowledge  and  belief  the  above  is  a  true  statement 
of  my  claim  against  the  Estate  of  (C  D  late  of  E  deceased)  and 
that  I  have  not  on  my  books  or  elsewhere  any  credit,  or  any, 
knowledge  of  any  credit,  that  should  be  allowed  against  my  claim 
except  what  is  stated  in  the  foregoing  account.    So  help  me  God, 


[CHAPTER  56.] 


State  of  } 

New  Hampshire.  \ 


An  Act  in  addition  to  an  act  incorporating  "The  propritors 
of  Pont  Fayette 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  130;  recorded  Acts, 
vol.  23,  p.  258.  Session  Laws,  1826,  Chap.  56.  See  act  referred  to,  ante, 
p.  326.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  it  shall  be  lawful  for  the 
corporation  called  "The  proprietors  of  Pont  Fayette"  to  keep,  re- 
pair, continue  and  rebuild  according  to  the  provisions  of  the  Act 
aforesaid  their  bridge  across  Pemigewasset  on  its  present  site,  said 
corporation  paying  the  proprietor  of  the  land  a  reasonable  rent 
for  the  same  and  if  the  parties  do  net  agree  on  the  amount  of  rent 
the  Court  of  Common  Pleas  may  on  application  of  either  of  them 


53^  LAWS  OF   NEW  HAMPSHIRE 

determine  the  same  by  a  Committee  in  the  same  way  and  manner 
in  which  compensation  is  by  law  made  to  persons  over  whose  land 
roads  are  made. 

Section  2  And  be  it  further  enacted  that  whilst  a  road  or  high- 
way three  rods  wide  shall  be  kept  open  and  in  repair  from  the 
Campton  road  so  called  in  Plymouth  to  the  westerly  end  of  the 
bridge  aforesaid  and  from  the  Center  Harbour  road,  so  called,  in 
Holderness  to  the  easterly  end  of  said  Bridge  without  expence  to 
the  towns  aforesaid  or  either  of  them  and  while  said  bridge  con- 
tinues in  repair  the  easement  or  right  of  way  across  said  river 
known  by  the  name  of  the  ferry  road  from  said  Campton  road  to 
said  Center  harbour  road  shall  be  suspended  or  discontinued 


[CHAPTER  57.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  raising  forty  thousand  dollars  for  the  use  of  the 
State. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  131;  recorded  Acts, 
vol.  22,,  p.  259.     Session  Laws,  1826,  Chap.  57.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  there  shall  be  raised  for  the  use  of 
the  State  the  sum  of  forty  thousand  dollars,  which  sum  shall  be 
assessed,  collected  and  paid  into  the  Treasury,  on  or  before  the 
first  day  of  December,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  twenty  seven;  and  the  Treasurer  is  hereby  directed 
to  issue  his  warrants  to  the  Selectmen  or  assessors  of  the  several 
towns,  parishes  and  districts  within  this  State,  according  to  the  last 
proportion  act:  and  the  Selectmen  and  assessors  of  the  several 
towns,  parishes,  and  districts  aforesaid  are  hereby  respectively, 
required  to  assess  the  sums  specified  in  the  Treasurer's  warrants, 
and  cause  the  same  to  be  paid  into  the  Treasury  on  or  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty  seven:  and  the  Treasurer  may  issue  extents 
for  all  taxes  that  shall  then  remain  unpaid 


LAWS   OF   NEW   HAMPSHIRE  537 

[CHAPTER  58.] 


State  oj  ] 

New  Hampshire.  \ 


An  act  to  incorporate  St  Marks  Lodge  N°  44. 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  132;  recorded  Acts, 
vol.  23,  p.  260.] 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  that  Lemuel  M  Barker, 
William  Anderson  3d  Perkins  A  Hodge,  their  associates  and  suc- 
cessors be,  and  hereby  are  erected  a  corporation,  by  the  name  of  St. 
Mark's  Lodge,  N°  44,  with  power  to  hold  any  estate  not  exceeding 
Two  thousand  dollars,  in  value,  and  with  all  other  powers  common 
to  Masonic  Corporations. 

Section  2  And  be  it  further  enacted  that  said  Lemuel  M  Barker, 
William  Anderson  3d  and  Perkins  A  Hodge,  or  any  two  of  them, 
may  call  the  first  meeting  of  said  corporation,  at  such  time  and 
place,  and  in  such  publick  manner  as  they  may  deem  proper 


[CHAPTER  59.] 

State  of  ) 

New  Hampshire.  \ 

An  act  to  repeal  a  certain  act  and  part  of  an  act  regulating 
the  taking  of  flsh  in  cochecho  rlver 

[Approved  July  6,  1826.  Original  Acts,  vol.  29,  p.  133;  recorded  Acts, 
vol.  23,  p.  261.  Session  Laws,  1826,  Chap.  59.  Laws,  1830  ed.,  p.  241.  The 
acts  referred  to  are  printed  in  Laws  of  New  Hampshire,  vol.  5,  p.  349,  and 
vol.  8,  p.  513.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  an  act  entitled  an  act  for  the  preserva- 
tion of  Alewives  in  Cochecho  River  passed  June  27.  1816.  And  also 
so  much  of  an  act  entitled  an  act  to  preserve  the  Fish  in  Piscatequa 
river  and  the  branches  thereof  passed  Jan.  20.  1789  as  prohibits  the 
use  of  seines  in  taking  Alewives  in  the  Cochecho  branch  of  said 
river  be  and  the  same  are  repealed 


S38  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  60.] 

State  of  \ 

New  Hampshire.  \ 

An  act  authorizing  the  Superior  Court  of  Judicature  to  es- 
tablish THE  RATE  OF  TOLL  AT  WHITE  RlVER  FALLS 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  134;  recorded  Acts, 
vol.  23,  p.  262.  Session  Laws,  1826,  Chap.  60.  See  acts  of  June  12,  1807, 
Laws  of  New  Hampshire,  vol.  7,  p.  574,  and  December  24,  1840,  Session 
Laws,  1840,  November  session,  Private  Acts,  Chap.  1.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  the  Justices  of  the  Supe- 
rior Court  of  Judicature  be  and  they  are  hereby  authorized  and 
empowered,  at  the  term  of  said  Court  to  be  holden  at  Plymouth  in 
the  County  of  Grafton  on  the  second  Tuesday  of  November  1826 
or  at  any  other  term  of  said  Court  holden  in  said  County  to  estab- 
lish the  rate  of  toll  to  be  received  by  the  proprietor  or  proprietors 
of  the  locks  at  White  River  falls  by  virtue  of  an  act  passed  June 
12.  1807,  entitled  "An  Act  granting  to  Mills  Olcott  the  privilege 
of  locking  White  River  Falls"  And  the  rate  of  toll  so  established 
shall  be  binding  and  valid  to  all  intents  and  purposes  for  and  during 
the  term  of  five  years  from  the  first  day  of  January  1827  and  until 
a  different  rate  of  toll  shall  be  established  And  said  Superior  Court 
are  empowered  to  fix  and  establish  the  rates  of  toll  to  be  taken  at 
said  works  once  in  every  five  years  as  aforesaid  on  petition  therefor 
as  herein  after  directed 

Section  2d  And  be  it  further  enacted  that  process  may  be  in- 
stituted for  establishing  the  rate  of  toll  as  aforesaid  by  petition,  to 
be  filed  in  the  office  of  the  Clerk  of  the  Superior  Court  of  Judica- 
ture for  the  County  of  Grafton  signed  by  not  less  than  six  persons 
on  or  before  the  first  day  of  September  next,  and  by  leaving  with 
Mills  Olcott  Esqr  of  Hanover  a  copy  of  said  petition  by  the  first 
day  of  October  next — or  by  filing  in  the  office  of  said  Clerk  a  peti- 
tion as  aforesaid  thirty  days,  and  by  leaving  with  said  Mills  Olcott 
a  copy  of  said  petition  fifteen  days  at  least  before  the  commence- 
ment of  any  term  of  said  Court  to  which  application  may  be  made 
by  petition  as  aforesaid  to  establish  said  rates  of  toll.  Provided 
nevertheless  that  nothing  in  this  act  shall  be  construed  or  is  in- 
tended to  confirm  the  right  to  take  such  rates  of  toll  as  shall  be 
established  bv  said  Superior  Court  of  Judicature,  or  any  toll  what- 
ever if  it  shall  be  found  that  the  aforesaid  charter  granted  June  12. 
1807.  has  been  forfeited  in  any  manner 


LAWS  OF   NEW  HAMPSHIRE  539 

[CHAPTER  61.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "an  act  regulating 
process  and  trial  in  clvil  causes. 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  135;  recorded  Acts, 
vol.  23,  p.  263.  Session  Laws,  1826,  Chap.  61.  The  act  referred  to  is  dated 
February  9,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  621.  See  also  acts  of 
December  11,  1792,  id.,  vol.  6,  p.  58;  December  13,  1796,  id.,  p.  371;  June  21, 
17.  7,  id.,  p.  407;  November  5,  1813,  id.,  vol.  8,  p.  273;  January  2,  1829,  post, 
and  December  10,  1840,  Session  Laws,  1840,  November  session,  Chap.  562. 
This  act  repeals  first  section  of  act  of  June  29,  1825,  ante,  p.  419.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  in  any  action  now  com- 
menced, or  which  may  hereafter  be  commenced  against  any  person 
who  is  not  an  inhabitant  or  resident  in  this  State  or  against  a  person 
whose  residence  shall  not  be  known  to  the  officer  serving  the  writ, 
and  the  goods  or  estate  of  the  defendant  within  this  state  shall  be 
attached,  but  no  personal  service  be  made  on  the  defendant,  the 
Justices  of  the  Court  before  whom  such  suit  shall  be  depending  on 
suggestion  thereof  shall  order  the  said  action  to  be  continued  to 
the  next  term  of  said  Court  and  may  order  notice  to  be  given  of 
the  pendency  of  such  suit  by  publication  of  a  notice  in  such  form 
as  the  said  Court  may  order  in  such  newspaper  or  newspapers 
printed  within  this  State  and  for  such  period  of  time  not  less  than 
thirty  days  as  the  Court  may  direct,  the  last  publication  thereof 
to  be  at  least  thirty  days  prior  to  the  term  of  said  Court  to  which 
said  action  shall  be  continued, — and  the  said  Court  may  if  they 
think  proper  order  a  like  notice  to  be  published  in  some  newspaper 
printed  without  this  State,  and  the  publication  so  ordered,  suffi- 
cient evidence  thereof  being  produced  to  the  satisfaction  of  said 
Court  shall  be  deemed  and  taken  to  be  sufficient  notice  to  the  de- 
fendant of  such  suit.  And  in  case  the  defendant  being  so  notified 
shall  not  appear  by  himself  or  his  attorney  at  the  term  of  said  court 
to  which  said  action  may  be  continued  judgment  shall  be  entered 
against  him  by  default,  and  such  Judgment  shall  be  as  valid  and 
effectual  to  all  intents  and  purposes  as  it  would  be  in  case  the  de- 
fendant had  personal  notice  of  such  suit. 

Provided  that  nothing  herein  contained  shall  be  construed  to 
prevent  said  Court  from  continuing  such  action  from  term  to  term 
and  rendering  judgment  for  the  plaintiff  after  such  continuances  in 
the  manner  prescribed  in  the  seventeenth  section  of  an  act  entitled 
"an  act  regulating  process  and  trial  in  civil  causes"  passed  February 
9.  A.D.  1791. 


54°  LAWS   OF   NEW  HAMPSHIRE 

Section  2.  And  be  it  further  enacted  that  the  first  section  of  an 
act  entitled  "an  act  in  addition  to  an  act  entitled  an  act  regulating 
process  and  trials*  in  civil  causes"  passed  June  29  A.D.  1825  be  and 
the  same  is  hereby  repealed.  Provided  that  all  notices  now  ordered 
under  the  same  shall  be  and  remain  good  as  if  this  act  had  not  been 
passed. 


[CHAPTER  62.] 


State  of  \ 

New  Hampshire.  \ 


An  Act,  to  confirm  an  act  of  the  General  Assembly  of  the 
State  of  Vermont,  entitled,  "An  act  to  provide  for  improv- 
ing the  Navigation  in  the  valley  of  Connecticut  River." 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  136;  recorded  Acts, 
vol.  23,  p.  265.  Session  Laws,  1826,  Chap.  62.  See  act  of  same  date,  post. 
See  also  act  of  December  13,  1824,  ante,  p.  310.] 

Whereas,  the  General  Assembly  of  the  State  of  Vermont  have 
heretofore  at  the  October  session  of  the  said  General  Assembly  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty  five, 
passed  an  act  entitled  "an  act  to  provide  for  improving  the  naviga- 
tion in  the  valley  of  Connecticut  river"  in  the  substance  or  words 
following: 

An  act  to  provide  for  improving  the  navigation  in  the  valley  of 
Connecticut  River. 

Whereas,  the  navigation  of  Connecticut  River  above  Hartford,  in 
Connecticut  is  greatly  impeded  and  interrupted  by  rapids  shoals  and 
other  obstacles,  and  an  improved  and  more  constant  navigation,  in 
the  valley  of  said  River  will  promote  agriculture,  commerce  and 
manufactures  and  be  of  publick  utilitv  to  induce  and  encourage  the 
undertaking  and  execution  of  the  works  necessary  to  such  improve- 
ment. 

Section  1.  It  is  hereby  enacted  by  the  General  assembly  of  the 
State  of  Vermont  that  as  soon  as  the  Legislatures  of  the  States  of 
Massachusetts,  Connecticut  and  New  Hampshire  shall  assent  to 
and  confirm  the  provisions  of  this  act,  there  shall  be  appointed  by 
the  Executives  of  the  several  States  aforesaid  three  Commissioners 
on  the  part  of  each  State  any  one  of  whom  shall  be  competent  to 
act  for  his  respective  Government,  in  all  cases  except  where  the 
power  or  authority  to  do,  approve  or  assent  to  any  act  is  expressly 
given  and  confined  to  the  Commissioners  of  that  State  in  which  the 
same  is  to  operate  or  take  effect  or  a  majority  of  them,  and  each 
of  said  Commissioners  shall  be  duly  sworn  or  affirmed  to  the  true 


LAWS  OF   NEW  HAMPSHIRE  54 l 

and  faithful  performance  of  their  duties  under  this  act,  and  shall 
receive  a  reasonable  compensation,  for  their  services,  and  expences 
therein  from  the  Company  hereinafter  incorporated,  and  if  any 
Commissioner,  appointed  under  this  act,  shall  be  or  become  a 
stock  holder  or  in  any  manner  interested  in  said  Company,  his 
office  of  Commissioner  shall  thereupon  cease  and  be  vacated.  And 
said  Commissioners  shall  cause  books  to  be  opened,  at  such  times 
and  places  as  they  think  fit,  in  their  respective  States,  under  the 
management  of  such  persons  as  they  shall  appoint,  for  receiving 
subscriptions  to  the  stock  of  the  Company  hereinafter  incorporated, 
which  subscription  may  be  made  either  in  person  or  by  power  of 
Attorney  and  notice  shall  be  given  by  any  one  or  more  of  said 
Commissioners,  of  the  time  and  place  of  opening  the  books  and  one 
dollar  shall  be  required  and  paid  on  each  share  subscribed  at  the 
time  of  subscribing. 

Section  2.  It  is  hereby  further  enacted,  that  said  Commissioners 
shall  cause  the  books  to  be  kept  open,  at  least  ten  days  and  within 
twenty  days  after  the  expiration  thereof  shall  call  a  general  meeting 
of  the  subscribers  at  such  place  as  they  shall  designate  of  which 
meeting  notice  shall  be  given  by  said  Commissioners  or  a  majority 
of  them  in  a  newspaper  printed  in  Hartford  in  the  State  of  Con- 
necticut, North-Hampton  in  the  State  of  Massachusetts,  Windsor 
in  the  State  of  Vermont  and  Haverhill  in  the  State  of  New  Hamp- 
shire, at  least  twenty  days  previous  to  said  meeting  and  said  meet- 
ing may  be  continued  from  day  to  day  until  the  business  is  finished 
and  the  Commissioners  shall  at  the  time  and  place  designated,  lay 
before  such  of  the  subscribers  as  shall  meet  according  to  said  notice 
the  book  or  books  containing  the  state  of  said  subscriptions,  and  if 
a  capital  stock  of  one  million  of  dollars  shall  appear  not  to  have 
been  subscribed  the  said  Commissioners  may  at  said  meeting  take 
and  receive  further  subscriptions  to  make  up  said  deficiency  and 
in  case  more  than  one  million  five  hundred  thousand  dollars  shall 
be  subscribed,  then  the  sum  subscribed  shall  be  reduced  to  that 
amount,  by  said  Commissioners,  in  such  manner  and  proportion,  as 
seem  to  them  reasonable  and  best;  and  the  capital  stock  of  the 
company,  hereby  incorporated,  shall  consist  of  one  million,  five 
hundred  thousand  dollars,  divided  into  fifteen  thousand  shares  of 
one  hundred  dollars  each,  with  such  additional  shares  as  may 
hereafter  be  created,  pursuant  to  the  provisions  of  this  act. 

Section  3.  It  is  hereby  further  enacted,  that  whenever  five  hun- 
dred thousand  dollars  shall  have  been  subscribed  in  manner  afore- 
said, then  the  subscribers  to  said  stock,  their  associates,  successors, 
legal  representatives  and  assigns,  shall  be  and  they  are  hereby  de- 
clared to  be  incorporated  and  made  a  person  in  law,  by  the  name 
of  the  Connecticut  River  Company,  and  by  that  name  may  sue  and 
be  sued,  make  contracts,  purchase,  may  take  and  hold  lands,  and 


542  LAWS  OF   NEW  HAMPSHIRE 

in  common  with  others,  may  procure,  own,  and  use  steam  boats, 
and  other  boats,  for  aiding  commerce  on  said  River;  may  have 
perpetual  succession,  and  a  common  seal,  and  may  enjoy  and  exer- 
cise all  rights  and  powers,  incident  to  Corporations,  and  necessary 
to  effect  the  objects  of  this  act.  And  when  it  shall  appear  that 
five  hundred  thousand  dollars  have  been  subscribed,  as  aforesaid, 
the  said  subscribers,  present  at  the  said  meeting,  or  duly  repre- 
sented, are  hereby  empowered  and  required  to  elect  not  less  than 
five,  nor  more  than  thirteen  directors,  among  whom  shall  be  one 
inhabitant  of  each  of  said  States,  to  conduct  and  manage  all  the 
said  Company's  concerns,  and  business,  and  regulate  the  passage 
of  boats  and  other  floats  until  the  next  annual  meeting,  and  until 
others  are  duly  elected  in  their  places;  and  at  every  annual  meeting 
the  said  Company  shall  elect  Directors,  as  aforesaid,  and  such  other 
officers  and  agents  as  they  shall  deem  expedient,  who  shall  hold 
their  offices  for  one  year,  and  until  others  shall  be  chosen  to  fill 
their  places  and  in  case  any  vacancy,  in  any  office  of  said  Com- 
pany shall  happen,  by  death  or  resignation  of  any  officer,  or  other- 
wise, the  directors  for  the  time  being,  or  a  majority  of  them,  may 
fill  such  vacancy,  by  appointment,  to  remain  good  until  the  next 
general  meeting  of  the  stock  holders,  who  may  then  supply  all 
vacancies  by  their  own  choice.  Each  stockholder  shall  be  entitled 
to  one  vote  for  every  share  held  by  him  or  her;  and  any  proprietor, 
by  writing  under  his  or  her  hand,  may  depute  any  other  person  to 
vote  and  act  as  proxy  for  him  or  her,  at  any  general  meeting.  And 
the  directors,  at  their  first  meeting,  shall  elect  one  of  their  number 
to  be  president. 

Section  4.  It  is  hereby  further  enacted,  That  such  number  of 
directors  shall  constitute  a  board  for  the  transaction  of  business,  as 
the  stockholders  shall  from  time  to  time  determine;  who  may  act 
by  a  majority,  and  have  power  and  authority  to  appoint,  and,  at 
their  pleasure,  dismiss,  an  engineer  or  engineers  and  agent  or  agents, 
as  they  may  deem  expedient,  and  fix  their  compensation,  and  have 
authority  to  cut  canals,  erect  dams,  construct  towing  paths,  aque- 
ducts, culverts,  waste  weirs,  basins  for  boats,  with  side  cuts  or 
canals  thereto,  locks  and  piers,  deepen  channels,  and  execute  such 
other  works  as  shall  be  judged  necessary  and  expedient  for  im- 
proveing  and  making  good  the  navigation  from  Hartford  in  said 
State  of  Connecticut  towards  the  foot  of  the  fifteen  mile  falls  in 
Barnet  in  the  State  of  Vermont. 

Provided,  that  such  dams,  canals,  towing  paths,  aqueducts,  cul- 
verts, waste  weirs,  basins,  side  cuts  and  canals  thereto,  locks,  piers, 
deepening  of  channels  and  other  works,  shall  be  made,  consructed, 
and  done,  with  the  consent  and  approbation,  in  writing,  of  a  major- 
ity of  the  Commissioners  of  the  State,  in  which  the  same  shall  be 
respectively  located. 


LAWS   OF   NEW  HAMPSHIRE  543 

And  provided  always,  that  the  treasurer  shall  give  bond,  in  such 
penalty,  and  with  such  security,  as  the  directors  shall  prescribe,  for 
the  true  and  faithful  discharge  of  the  trust  reposed  in  him. 

Section  5.  It  is  hereby  further  enacted,  that  the  Directors  may 
make  and  order  payment  of  such  assessments  upon  the  shares  of  the 
proprietors,  as  shall  be  necessary  for  carrying  into  effect  the  objects 
of  this  act;  provided,  that  no  installment  shall  become  payable, 
until  at  least  sixty  days  publick  notice  thereof  shall  have  been  given, 
in  one  newspaper,  printed  in  each  of  said  States,  and  such  other  pub- 
lick  prints  as  the  directors,  or  the  stockholders,  in  general  meeting, 
shall  direct.  And  in  case  any  stockholder  shall  neglect  to  make  pay- 
ment of  any  assessment,  for  more  than  thirty  days  after  the  same 
shall  have  become  payable,  as  aforesaid,  the  said  board  may  cause 
to  be  sold,  at  publick  auction,  so  many  of  said  delinquent  proprie- 
tor's shares,  in  the  stock  of  said  Company  as  shall  be  necessary  to 
raise  the  amount  of  such  assessment,  after  having  given  such  notice 
of  the  time  and  place  of  sale,  as  the  by  laws  of  the  company  shall 
direct:  and  the  balance  remaining  after  the  payment  of  such  assess- 
ment, shall  be  paid  to  such  delinquent  proprietor,  on  demand,  or  his 
representatives,  and  the  purchaser  shall  thereby  become  a  stock- 
holder, and  be  subject  to  the  same  rules  and  regulations  and  entitled 
to  the  same  rights,  privileges,  and  emoluments  as  original  subscrib- 
ers. 

Section  6.  It  is  hereby  further  enacted,  that  a  general  meeting 
of  the  stockholders  shall  be  holden  at  Hartford  in  the  State  of  Con- 
necticut, or  such  other  convenient  place,  as  the  stockholders  shall 
direct,  on  the  first  Wednesday  of  January,  in  every  year;  to  which 
meeting  the  directors  shall  make  report  of  their  doings,  and  render 
distinct  accounts  of  all  their  proceedings;  and  at  such  yearly,  gen- 
eral meetings,  and  such  other  times  as  the  stockholders,  in  general 
meeting  shall  direct,  after  reserving  such  sums,  as  the  stockholders, 
assembled  in  general  meeting,  or  a  majority  of  them,  shall  judge 
necessary,  for  repairs  and  expences,  a  dividend  of  the  net  profits, 
arising  from  the  tolls,  shall  be  ordered  and  made,  by  the  board,  to 
and  among  the  stockholders  of  said  company  in  proportion  to  their 
respective  shares. 

Section  7.  It  is  hereby  further  enacted,  that  if  either  of  said 
Commissioners,  hereby  required  to  be  appointed,  shall  die,  resign, 
or  refuse  to  act,  the  place  of  such  Commissioner  shall  be  filled  by 
the  same  authority,  by  which  the  original  appointment  was  made. 

Section  8.  It  is  hereby  further  enacted,  that  it  shall  be  lawful 
for  the  company,  hereby  incorporated,  to  accept  donations  of  land, 
or  other  things,  to  aid  and  promote  the  objects  of  this  act,  to  agree 
with  the  owners  of  land,  or  other  property,  needful  for  the  purposes 
of  this  act,  for  the  purchase,  or  the  use  or  occupation  thereof,  and 
in  case  no  such  agreement  be  made,  the  said  company  may  enter 


544  LAWS  OF   NEW  HAMPSHIRE 

into,  hold,  use,  and  possess,  so  much  of  the  waters  and  banks  of 
said  river,  and  the  lands  adjacent  thereto,  as  shall  be  necessary  for 
effecting  in  the  best  manner  the  objects  of  this  act,  and  may  dig, 
cleanse,  and  remove  obstructions  from  the  banks  channels,  bars, 
and  rapids  of  said  river;  may  construct  dams,  canals,  locks,  towing 
paths  and  railways,  where  it  shall  be  deemed  expedient,  and  other 
works  beneficial  to  the  navigation,  being  first  permitted  and  ap- 
proved as  aforesaid;  and  in  case  any  land,  waters,  or  other  property 
of  any  person  or  persons  shall  be  taken,  used,  occupied  or  injured, 
for,  or  by  the  works  of  said  company,  and  the  parties  do  not  agree 
for  the  purchase,  use  or  occupation  thereof  by  said  company  the 
commissioners  of  the  state  in  which  the  same  is  situated  or  a 
majority  of  them  taking  into  view  the  benefit,  as  well  as  injury 
to  such  person  or  persons  shall  at  the  request  of  either  party,  as- 
sess and  liquidate  the  damages,  if  any,  over  and  above  the  benefits 
&  advantages  to  such  person  or  persons;  and  the  property  so 
appraised  upon  payment  or  tender  of  the  damages  finally  assessed 
and  liquidated,  shall  become  and  remain  the  property  of  said  Cor- 
poration forever.  Provided,  that  whenever  application  is  made  to 
said  Commissioners,  to  assess  and  liquidate  damages,  as  aforesaid, 
they  shall  cause  reasonable  notice  thereof  to  be  given  to  the  parties 
interested,  and  of  the  time  and  place,  when  and  where  they  may  be 
heard,  relating  to  their  interest  in  the  property  to  be  appraised;  or 
in  case  any  party  interested  be  a  feme  covert,  infant,  or  non  compos 
mentis,  to  the  husband,  or  guardian,  of  the  same,  or  to  the  known 
agent  or  attorney  of  any  person  absent;  and  said  Commissioners, 
shall  cause  regular  entries  to  be  made  of  all  their  appraisals  and 
determinations  under  this  act.  And  it  shall  be  the  duty  of  said 
Commissioners,  within  thirty  days  after  such  assessment  is  made, 
to  give  notice  thereof  to  said  corporation,  and  to  the  adverse  party, 
his  or  her  agent  or  attorney,  husband  or  guardian,  as  the  case  may 
be;  and  in  case  of  the  absence  of  the  adverse  party,  having  no 
known  agent  or  attorney  or  of  the  infant,  or  non  compos  mentis, 
having  no  guardian,  such  notice  shall  be  given  of  the  said  assess- 
ment as  shall  seem  to  the  Commissioners  aforesaid  reasonable. 

Section  9.  It  is  hereby  further  enacted,  that  whenever  said  Con- 
necticut River  Company,  or  any  person  interested,  shall  feel  ag- 
grieved by  any  assessment  of  damages,  made  by  said  Commission- 
ers, the  party  so  aggrieved  may,  at  any  time  within  thirty  days  after 
notice  of  such  assessment,  shall  have  been  given,  as  aforesaid, 
appeal  to  the  highest  court  of  judicature,  authorized  to  empannel 
and  try  causes  by  a  jury,  next  to  be  holden  for  the  county  in  which 
such  property,  on  account  of  which,  damages  shall  have  been  as- 
sessed, as  aforesaid,  is  situated,  who  shall  finally  decide  thereon, 
and  tax  cost  in  favour  of  either  or  neither  party,  as  shall  seem 
just  to  said  Court:   and  such  appeal  shall  be  taken  by  the  party 


LAWS  OF  NEW  HAMPSHIRE  545 

appealing,  causing  a  written  notification  thereof,  signed  by  or  in 
behalf  of  such  party,  with  one  of  said  Commissioners  of  the  State 
in  which  the  property  taken,  used  or  damnified  by  said  company, 
is  situate,  who  shall  cause  the  same  to  be  forthwith  lodged  with  the 
Clerk  of  the  court  to  which  the  appeal  is  taken,  and  by  causing  a 
copy  of  such  notification  of  appeal  to  be  left  with  the  adverse 
party,  his  or  her  known  agent  or  attorney,  husband  or  guardian, 
as  the  case  may  be,  when  the  appeal  is  taken  by  said  Corporation 
or  with  a  director  or  Clerk  of  said  company  where  the  appeal  is 
taken  by  a  party  claiming  damages  from  said  corporation. 

Provided,  That  either  party  shall,  on  said  appeal,  be  entitled  to 
a  trial  by  jury,  and,  also,  that  said  corporation,  before  entering  into, 
and  taking  possession  of,  any  such  property,  shall  pay  or  tender  to 
the  person  entitled,  or  their  agent  attorney,  or  guardian  the  dam- 
ages assessed. 

Section  10.  It  is  hereby  further  enacted,  that  the  right,  title, 
and  property  of  said  Corporation,  and  of  each  individual  thereof,  in 
said  locks,  canals  and  other  works,  and  their  appurtenances  be,  and 
the  same  is  hereby,  declared  to  be  personal  estate,  to  all  intents  and 
purposes,  and  all  transfers  of  the  stock  of  said  Company,  shall  be 
made  and  evidenced  in  such  manner  and  form  as  shall  be  provided 
by  the  by  laws. 

Provided,  That  no  transfer  shall  be  made,  except  of  one  or  more 
whole  shares,  and  not  for  any  part  of  such  share  or  shares,  and  that 
no  share  or  shares  shall,  at  any  time,  be  sold,  conveyed,  or  held  in 
trust,  whereby  said  company  or  any  of  its  officers  or  agents,  shall  be 
challenged  or  made  to  answer,  concerning  any  such  trust,  but  that 
every  person  appearing,  as  aforesaid,  to  be  a  stockholder,  shall,  as 
to  the  ethers  of  said  company,  be  taken  absolutely  as  such. 

Section  n.  It  is  herebv  further  enacted.  That  if  the  capital 
stock  allowed  by  this  act,  shall  prove  insufficient,  it  shall  and  may 
be,  lawful  for  said  company,  from  time  to  time,  to  increase  their 
capital  stock,  by  the  addition  of  so  many  shares  of  one  hundred 
dollars  each,  as  a  majority  of  the  Stockholders,  present  in  General 
meeting,  shall  iudge  necessary;  and  the  board  of  directors  shall 
cause  notice  to  be  given,  and  books  to  be  opened,  for  receiving  such 
further  subscriptions,  as  the  stockholders  shall  direct,  as  aforesaid; 
and  if  more  shares  than  are  called  for,  shall  be  subscribed  the  num- 
ber shall  be  reduced  by  the  commissioners,  in  manner  before  pro- 
vided, they  giving  preference,  in  the  distribution,  to  existing 
stockholders,  over  persons  who  are  not  proprietors. 

Section  12.  It  is  hereby  further  enacted,  that  said  Corporation 
shall  cause  accurate  accounts  to  be  kept  of  all  their  expences  and  dis- 
bursements under  this  act,  which  shall  be  liouidated  and  adiusted  bv 
said  Commissioners,  at  the  expiration  of  the  time  hereinafter  lim- 
ited, for  completing  the  improvements  of  said  navigation,  or  sooner 
35 


546  LAWS   OF   NEW  HAMPSHIRE 

if  the  several  locks,  canals,  and  other  works  shall  be  sooner  com- 
pleted; and  said  Commissioners  shall  state  the  amount  thereof,  and 
cause  the  same,  or  a  copy  thereol,  to  be  returned  to  the  secretary 
of  each  of  said  States,  where  it  shall  be  lodged.  And  the  books  and 
accounts  of  said  Company  shall,  at  all  times,  be  open  to  the  inspec- 
tion of  any  Commissioner  of  either  of  said  States. 

Section  13.  It  is  hereby  further  enacted,  that  said  Company 
may,  from  time  to  time,  make  by  laws  for  the  regulation  of  their 
affairs,  and  the  duties  of  their  officers,  and  for  the  preservation  and 
management  of  their  locks,  canals,  and  other  works,  not  contrary 
to  this  act,  nor  to  the  laws  of  either  of  said  States,  in  which  the  same 
are  to  operate,  and  may  annex  and  collect,  in  any  Court,  proper  to 
try  the  same,  penalties  not  exceeding  ten  dollars,  for  the  violation 
of  any  provision  of  such  by  laws. 

Section  14.  And  whereas,  divers  Corporations  have  been 
created,  under  laws  passed  by  this  and  the  other  States  aforesaid, 
vested  with  powers  to  improve  the  navigation  of  Connecticut  river, 
in  certain  parts  thereof  and  only  to  a  limited  extent,  and  the  Con- 
tinuance of  separate,  independent,  and  limited  Corporations,  may 
greatly  impede  and  embarrass  the  beneficial  use  of  the  waters  of 
said  river,  for  transportation  thereon,  and  the  publick  good  requires 
that  the  navigation  of  said  River,  within  the  whole  of  the  limits, 
within  this  act  mentioned,  and  the  regulations  respecting  the  same, 
should  be  subject  to  one  uniform  system,  and  under  the  manage- 
ment of  one  body,  therefore,  It  is  hereby  further  enacted,  that 
whenever  the  proprietors  of  more  than  one  half,  in  value,  of  the 
whole  stock  of  any  of  the  Companies  heretofore  incorporated  shall 
have  agreed  with  the  Company  hereby  created,  upon  the  price  and 
terms  on  which  they  will  sell  to  the  same  company  their  stock  or 
shares  to  the  amount  aforesaid,  it  shall  and  may  be  lawful  for  said 
Company,  heretofore  incorporated,  by  their  corporate  act,  to  signify 
their  assent  to  the  provision  of  this  act,  and  to  transfer  and  make 
over  to  the  Company  hereby  created,  its  charter  and  all  the  rights 
powers,  privileges,  and  property  granted  to,  or  by  such  company, 
heretofore  incorporated,  at  the  time  of  such  transfer  owned,  pos- 
sessed and  enjoyed:  and  thereupon  after  paying  to  the  acceptance 
of  the  several  proprietors  of  the  major  part,  in  value,  of  the  whole 
stock,  as  aforesaid,  the  price  of  the  stock,  so  agreed  to  be  sold  and 
to  the  proprietors  thereof,  the  price  of  any  other  and  further  stock 
in  the  same  company,  for  the  purchase  of  which  an  agreement  shall 
have  been  made,  by  the  proprietors  and  Corporation  hereby  created, 
it  shall  and  may  be  lawful  for  said  Corporation  to  accept  such 
transfer,  and  the  surrender  of  said  rights,  powers,  privileges  and 
property,  a  copy  of  which  transfer  and  acceptance  shall  be  lodged 
in  the  office  of  the  Secretary  of  the  State,  by  which  such  company 
was   incorporated,   and   the   rights,   powers   and   privileges   of   the 


LAWS  OF   NEW  HAMPSHIRE  547 

same  Company,  with  all  things  thereto  appertaining,  shall  there- 
upon, be  vested  in,  and  holden,  and  may  be  possessed,  enjoyed,  and 
exercised  by  said  Company,  hereby  created,  in  as  ample  manner  as 
the  same  are,  or  at  the  time  of  such  transfer  and  acceptance,  may 
or  shall  be  enjoyed  by  such  Company  making  such  transfer;  and 
the  said  Connecticut  River  Company,  from  and  after  such  accept- 
ance, shall  be  holden  and  liable  to  perform  and  discharge  all  the 
obligations,  contracts,  and  duties,  on  such  transferring  company 
incumbent,  so  far  as  the  same  duties  or  obligations  are  not  varied 
or  altered  by  this  act,  or  pursuant  to  the  provisions  thereof,  and 
the  rights,  powers  and  priveleges,  of  such  company  so  making  such 
transfer,  after  such  acceptance  and  payment,  as  aforesaid,  shall 
cease  and  be  determined.  And  the  said  Company  hereby  created, 
shall  thereupon,  have  a  right  to  use  improve,  alter,  add  to,  or  make 
a  substitute  for  the  works  of  such  company  so  transferring,  in  such 
manner  as  shall  best  promote  the  objects  of  this  act,  first  obtaining 
the  assent  and  approbation  of  the  Commissioners  of  the  State  in 
which  such  works  are  situate,  or  a  major  part  of  them,  to  such 
alterations,  additions,  substitution,  or  improvement.  And  whereas, 
it  may  happen,  by  reason  of  the  proprietor  or  proprietors  of  any 
share  or  shares,  in  any  company,  the  major  part  of  the  stock  whereof 
it  has  been  agreed  should  be  sold  to  the  said  Connecticut  River 
Company,  being  absent  out  of  the  United  States,  or  being  a 
minor,  or  of  such  shares  being  holden  in  trust,  there  is  no  person 
capable  of  selling  such  shares,  or  from  some  other  cause,  that  the 
company  hereby  created  may  not  be  able  to  purchase  the  remainder 
of  such  stock  or  shares,  or  part  thereof,  and  the  publick  good  re- 
quires that  the  improvement  of  the  navigation  of  said  River  should 
not  thereby  be  impeded,  and  the  exertions  of  said  Company  there- 
for, be  defeated,  and  that  the  owner  of  such  shares  or  stock  should 
receive  an  adequate  and  reasonable  compensation  therefor,  the 
said  Connecticut  River  Company,  or  their  agent  or  agents,  or  the 
party  holding  such  shares  or  stock,  may  have  an  appraisement  and 
valuation  of  such  shares  or  stock,  which  they  shall  not  be  able  to 
purchase,  holden  in  any  such  company,  the  major  part  of  the  stock 
or  shares  of  which  they  shall  have  agreed  to  purchase,  as 
aforesaid,  in  the  manner  herein  prescribed,  for  appraising  and 
assessing  damages,  where  land  or  other  property  is  taken  for  the 
purpose  of  canals  or  other  works,  and  such  proceedings  shall,  in 
all  respects,  be  had,  as  in  such  case  is  prescribed:  and  any  person 
aggrieved  at  such  appraisement,  may  appeal  therefrom,  and  have 
the  valuation  assessed  by  a  jury,  as  is  herein  provided,  in  regard 
to  such  damages;  and  a  certificate  of  the  appraisement  of  the  Com- 
missioners, or  of  a  jury  in  case  one  shall  have  passed  thereon, 
shall  be  lodged  with  the  person,  who  shall  be  the  clerk  of  such 
company,  at  the  time  of  transferring  their  charter  as  aforesaid, 


54$  LAWS   OF   NEW  HAMPSHIRE 

and  upon  payment,  or  tender  to  the  owner  thereof,  or  his  lawful 
agent  or  Attorney,  of  the  sum,  at  which  such  shares  shall  have 
been  appraised,  together  with  the  interest  thereof,  at  six  per  cent, 
per  annum,  within  six  months  from  such  appraisement,  such  share 
or  stock  shall  be  vested  in  said  Connecticut  River  Company.  And 
in  case  there  be  no  person  within  the  United  States,  authorized  to 
receive  payment  of  the  sum  at  which  such  stock  or  shares  shall 
have  been  appraised,  the  treasurer  of  the  company,  hereby  created, 
shall  hold  the  same  for  the  benefit  of  the  person,  legally  entitled 
thereto,  or  his  lawful  representatives;  and  said  company  shall  be 
holden  to  pay  the  amount,  on  demand,  to  any  person  authorized 
to  receive  the  same,  with  interest  thereon,  at  six  per  cent,  per 
annum,  for  the  first  six  months  after  such  appraisement,  and  at 
five  per  cent,  per  annum,  thereafter,  until  payment  or  tender  of  the 
amount  due  shall  be  lawfully  made;  and  at  the  end  of  six  months 
from  the  time  of  such  appraisement,  such  stock  or  share  shall  be 
vested  in  the  company  hereby  created.  And  it  is  hereby  declared, 
that  nothing  in  this  act  contained,  shall  be  construed,  or  taken  to 
alter,  add  to,  take  from,  or  impair  the  rights  vested  in  any  person, 
or  persons,  corporation,  or  corporations,  or  any  grant,  or  charter, 
given  by  either  of  the  States  aforesaid,  except  so  far  as  they  are, 
or  may  be  altered  by,  or  pursuant  to,  the  express  provisions  of  this 
act. 

Section  15.  It  is  hereby  further  enacted,  That  as  soon  as  said 
Company  shall  have  constructed  suitable  and  convenient  locks  and 
canals  so  as  to  permit  the  passage  through  the  same,  and  into 
and  out  of,  the  same,  from  and  to  said  river,  of  boats  not  less 
than  sixty  feet  long,  and  sixteen  feet  broad,  by  at  or  near  the 
following  places,  viz: — by  Enfield  Falls,  in  the  State  of  Connecti- 
cut, near  the  north  part  of  Hatfield  or  Hadley  in  the  State  of 
Massachusetts;  at  School  meadow  bar;  in  the  States  of  New 
Hampshire  or  Vermont: — viz.  near  Coopers  rocks  in  Hinsdale  or 
Vernon;  in  Hinsdale  or  Brattleborough,  near  the  bridge  across 
Connecticut  river;  in  Westmoreland  or  Putney,  near  Clay's  island; 
in  Charlestown  or  Springfield,  near  Gill's  island;  in  Cornish  or 
Windsor,  near  Chase's  island;  in  Orford  or  Fairlee,  near  Flag  is- 
land; in  Haverhill  or  Newbury,  near  Johnson's  rocks;  and  also 
near  the  mouth  of  Wells  river;  in  Bath  or  Ryegate,  near  Dodges 
falls;  or  by,  at,  or  near  either  of  the  places  aforesaid;  and  when- 
ever, and  as  soon  as  said  company  shall  have  acquired  the  right  to 
the  locks,  canals,  and  works  for  improving  the  navigation  at  South 
Hadley  falls,  and  to  the  locks  and  canals  and  works  for  improving 
the  navigation  at  Millers  falls,  both  in  the  State  of  Massachusetts; 
at  Bellows's  falls  in  New  Hampshire  and  Vermont;  at  Water 
Queechy  falls,  and  at  White  river  falls,  or  the  locks,  canals,  and 
other  works  for  improving  the  navigation,  at  or  by  either  of  the 


LAWS   OF   NEW   HAMPSHIRE  549 

places  aforesaid,  where  such  locks,  canals  and  works  now  exist, 
and  shall  have  improved  the  same,  so  far  as  is  necessary,  to  permit 
the  passage  of  boats  of  the  dimentions  aforesaid,  the  said  com- 
pany, in  consideration  and  remuneration  of  the  expences,  which 
they  must  necessarily  incur,  in  constructing,  acquireing,  and  im- 
proving each  of  the  aforesaid  works,  by  them  constructed,  or  ac- 
quired and  improved,  and  in  keeping  the  same  in  repair,  may,  by 
their  directors  or  otherwise,  from  time  to  time,  fix  and  establish 
the  tolls,  which  they  shall  have  a  right  to  demand,  and,  by  their 
toll-gatherer,  or  other  agent,  to  collect  of  the  owner  or  person 
having  charge  of  any  boat  or  other  floating  thing,  and  of  the  prop- 
erty or  lading  carried  in  or  on  the  same,  for  the  sole  benefit  of  the 
stockholders,  at  each  of  the  places  aforesaid,  after  such  locks  and 
canals,  or  either  of  them,  shall  have  been  so  constructed,  or  ac- 
quired and  improved  by  said  company,  or  a  substitute  therefor, 
made  as  aforesaid;  and  all  boats,  with  their  lading,  floats,  and  other 
property,  may  be  detained  and  prevented  from  passing  through 
the  said  canals  and  locks,  and  all  or  either  of  them  until  the  lawful 
tolls  demandable  thereon,  shall  be  paid  by  the  owner  or  person 
having  the  charge  thereof,  and  with  the  consent  and  approbation, 
in  writing  of  said  commissioners,  or  a  major  part  of  them,  may 
construct  and  establish,  at  convenient  places,  weighing  locks  or 
scales,  and  in  case  the  toll  collector  and  the  owner,  or  person  hav- 
ing charge  of  any  boat,  float,  lading,  or  other  property,  do  not  agree 
as  to  the  weight,  or  in  the  case  of  lumber,  as  to  the  measure  and 
quantity  thereof,  the  same  may  be  detained  by  the  toll  collector, 
and  the  weight  or  measure  thereof  ascertained  with  all  reasonable 
dispatch  and  care. 

Provided,  that  the  tolls  to  be  demanded  and  collected,  as  afore- 
said, shall  not  exceed  the  sums  following,  at  the  several  places  be- 
low specified,  viz. 


55o 


LAWS  OF   NEW  HAMPSHIRE 


Lading,  other 

than  lumber  of 

boats  or  other 

floats  per  ton 

weight. 


Lumber  sawed  or 
in  the  log  for  each 
thousand  feet  of 
board  measure,  or 
for  seven  thous- 
and of  shingles 


For  ascending  by  Enfield  falls, 
whether  in  the  river  or  canal, 

For  ascending  or  descending  the 
locks  and  canals  at  South  Hadley 
and  Willimanset  falls, 

For  ascending  or  descending  the 
Willimanset  falls  only,  if  by  the 
canal 

For  ascending  or  descending  the 
canal  at  Schoolmeadow, 

For  ascending  or  descending  the 
locks  and  canals  at  Millers  falls, 

For  ascending  or  descending  the 
locks  and  canals  near  Coopers  rocks, 

For  ascending  or  descending  the 
locks  and  canals  near  Brattleboro' 
bridge 

For  ascending  or  descending  the 
locks  and  Canals  near  Clay's  island, 

For  ascending  or  descending  the 
locks  and  canals  by  Bellows  falls, 

For  ascending  or  descending  the 
locks  and  Canals  near  Gill's  island, 

For  ascending  or  descending  the 
locks  and  canals  near  Chase's  island, 

For  ascending  or  descending  the 
locks  and  canals  by  Water  Queechy 
falls, 

For  ascending  or  descending  the 
locks  and  canals  by  white  river  falls, 

For  ascending  or  descending  the 
locks  and  canals  near  Flag  island 

For  ascending  or  descending  the 
locks  and  canals  near  Johnson's 
rocks 

For  ascending  or  descending  the 
locks  and  canals  near  Wells  river 

For  ascending  or  descending  the 
locks  and  canals  by  Dodge's  falls 


fifty  cents 

seventy  cents 

twenty  cents 
ten  cents 
seventy  cents 
Twenty  cents 

Twenty  cents 

Fifteen  cents 

Fifty  cents 

Twenty  cents 

Twenty  cents 

Twenty-five 
cents 

Fifty  cents 

Twenty  cents 

Twenty  cents 
Twenty  cents 
Fifteen  cents 


fifty  cents 

Fifteen  cents 
Five  cents 
Sixty  cents 
Ten  cents 

Fifteen  cents 

Ten  cents 

Thirty-five 

cents 
Ten  cents 

Ten  cents 

Twenty  cents 

Twenty  five 

cents 
Ten  cents 

Ten  cents 
Ten  cents 
Ten  cents 


LAWS  OF   NEW  HAMPSHIRE  5  5  l 

On  every  boat  or  other  vessel  descending  by  Enfield  falls,  if  in  the 
Canal,  a  sum  not  exceeding  two  dollars;  on  every  boat  or  other 
vessel  passing  in  either  of  said  canals,  and  used  chiefly  for  convey- 
ance of  passengers,  a  toll  not  exceeding  that  allowed  for  the  pass- 
ing of  four  tons  of  lading  through  the  same;  every  empty  boat  or 
vessel,  or  one  having  less  than  two  tons  of  lading,  to  be  accounted 
and  to  pay  toll,  as  having  two  tons  thereof:  Provided,  that  the  tolls 
above  allowed  to  be  taken  and  collected  for  passing  any  locks, 
canals  or  other  works,  at  or  by  either  of  said  places,  shall  not  be 
in  addition  to,  but  in  lieu  of  any  tolls  allowed  by  existing  grants 
from  either  of  said  States. — And  that  said  navigation  may  be  im- 
proved, and  the  said  Company  enabled  to  render  the  same  as 
beneficial  to  the  public  as  may  be,  it  is  further  enacted,  that  when- 
ever said  company,  by  any  canal  or  canals  which  they  shall  con- 
struct and  unite  with  said  river,  with  the  consent  and  approbation, 
in  writing,  of  the  Commissioners,  or  a  majority  of  them,  of  the 
State  or  States,  in  which  the  same  shall  be  located,  respectively, 
shall  furnish  a  route  for  the  easy  passage  of  boats  and  other  floats, 
of  the  dimensions  aforesaid,  with  not  less  than  three  feet  in  depth 
of  water  in  such  canal,  and  which  shall  be  not  less  than  two  miles 
shorter  than  to  pass  in  and  follow  the  ordinary  boat  channel  in 
the  river,  said  Company,  in  addition  to  the  tolls  before  specified  and 
allowed,  may  demand  and  collect,  for  the  passage  of  boats  and 
other  property,  in  and  through  such  canal,  so  constructed  by  said 
company,  further  tolls,  at  a  rate  not  exceeding  two  cents  per  mile 
for  each  ton  weight  transported  through  the  same,  and  only  for  so 
many  miles  the  length  of  passage  shall  be  diminished,  by  passing 
through  said  canal,  instead  of  using  the  river,  as  heretofore.  Pro- 
vided, that  nothing  shall  be  demanded  on  account  of  the  diminished 
length  of  the  passage,  by  way  of  such  canal,  except  where  the 
passage  by  way  of  the  river  shall  be  made  or  kept  open  as  hereto- 
fore, for  the  passage  of  boats  and  other  floats.  Said  company  may, 
from  time  to  time,  reserve  and  set  apart  a  portion  of  their  nett 
profits,  until  the  same  shall  amount  to  fifty  thousand  dollars,  which 
may  be  kept  good  as  a  fund  to  pay  for  any  extraordinary  losses  or 
damages  to  their  works  for  improving  said  navigation;  and  when- 
ever the  nett  profits  of  said  company,  besides  said  fund,  and  over 
and  above  their  annual  repairs  and  expences,  under  this  act,  shall 
have  made  good  to  said  company  an  amount  equal  to  ten  per  cent, 
per  annum  on  their  capital  stock,  from  time  to  time  invested  in 
said  improvements,  said  company  shall  not,  thereafter,  divide,  nor 
the  proprietors  receive  more  from  said  tolls,  than  will  make  good 
an  annual  dividend  of  ten  percent,  so  long  as  the  full  rates  of 
toll  before  specified  shall  be  collected;  but  if  said  company  shall 
and  do,  for  any  one  or  more  years,  make  a  reduction  from  the 
amount  of  tolls  allowed  to  be  taken,  as  aforesaid,  notice  whereof 
to   be    seasonably   given    in    one    newspaper    printed    in    each    of 


55  2  LAWS  OF   NEW  HAMPSHIRE 

said  States,  for  every  ten  per  cent,  which  said  specified  tolls  shall 
be  reduced,  and  notice  thereof  given  as  aforesaid,  said  company 
shall  be  allowed  to  divide,  for  such  year  or  years,  one  per  cent, 
per  annum,  in  addition  to  said  ten  per  cent,  dividend,  and  in  like 
manner  and  proportion  for  any  reduction  of  said  toll,  greater  or 
less  than  ten  per  cent;  and  whenever  the  average  annual  profits  of 
any  two  years  in  succession,  above  the  expences  and  repairs  of  said 
years,  shall  be  equal  to  fifteen  per  cent,  on  the  amount  of  capital 
stock,  then  it  shall  be  the  duty  of  said  commissioners  of  said  States, 
or  a  majority  of  them,  to  regulate  said  tolls,  so  that  the  annual 
profits  of  said  company,  above  repairs  and  expences,  shall  be,  as 
nearly  as  may  be,  ten  per  cent,  per  annum,  on  the  amount  of  cap- 
ital stock,  and  for  this  purpose  shall  enquire  into  and  examine  their 
receipts  and  expenditures  as  often  as  shall  be  deemed  necessary. 

Section  16.  It  is  hereby  further  enacted,  That  it  shall  be  the 
duty  of  said  corporation  to  construct  all  and  each  of  their  locks, 
canals  and  other  works,  and  to  improve  all  and  each  of  the  exist- 
ing locks  and  canals,  which  shall  be  purchased  or  acquired  by  them, 
so  as  to  afford  a  depth  of  water  in  and  through  said  locks  and  canals 
of  not  less  than  three  feet,  during  ordinary  low  water  in  the  sum- 
mer, and  so  wide  and  of  such  depth  that  boats  of  the  dimensions 
aforesaid  may  be  able  to  pass  convenienly  through  said  locks  and 
canals,  and  also  to  pass  by  each  other,  in  equal  depth  of  water,  in 
such  convenient  places  in  said  canals  as  shall  be  designated  or  ap- 
proved by  said  commissioners,  or  a  major  part  of  them,  and  to 
afford  at  least  an  equal  channel  depth  and  width  in  the  river,  from 
the  termination  of  each  of  said  Canals,  constructed  or  acquired  by 
said  Connecticut  River  Company,  to  the  commencement  of  the  next 
canal  below  the  same,  and  an  equal  width  and  depth  of  water  in 
and  from  the  end  of  the  canal;  which  shall  be  constructed  by  said 
Enfield  falls  to  the  city  of  Hartford  in  Connecticut,  aforesaid.  And 
in  case  any  dam,  canal,  lock  or  other  work  of  said  company,  shall 
at  any  time  be  injured  or  out  of  repair,  by  reason  of  freshets  ice, 
or  natural  decay,  or  otherwise  shall  be  deficient,  so  as  not  to  afford, 
during  ordinary  low  water  in  the  summer,  the  channel  depth  of 
water  aforesaid,  for  the  convenient  passing  of  boats  and  other 
floats  of  the  dimensions  aforesaid,  either  in  or  through  such  lock  or 
locks,  or  canal,  or  in  and  through  said  river,  between  the  end  of 
any  canal  of  said  company,  and  the  beginning  of  the  canal  next 
below  the  same  or  below  the  canal,  which  shall  pass  by  said  En- 
field falls,  and  thence  to  said  city  of  Hartford,  said  company  shall, 
with  all  reasonable  diligence  and  dispatch,  with  the  approbation 
and  consent  of  the  commissioners  of  the  State  in  which  such  defi- 
ciency exists,  construct,  improve,  or  repair  such  lock  or  locks,  canal 
or  other  works,  as  shall  afford  the  aforesaid  depth  and  width  of 
navigable  water,  whenever  the  same  is  or  shall  be  deficient,  as 
aforesaid;  and  in  case  the  said  company  shall  be  guilty  of  neglect, 


LAWS  OF   NEW  HAMPSHIRE  553 

in  regard  to  any  of  the  provisions  of  this  section,  the  said  commis- 
sioners, in  the  first  section  of  this  act  mentioned,  or  a  majority 
of  them,  may  reduce  or  prohibit  the  taking  of  the  tolls  herein  be- 
fore specified,  in  whole  or  in  part,  at  any  lock  or  canal,  where 
such  neglect  and  deficiency  of  water  exist,  and  if  by  neglect  of  re- 
pairs, or  other  proper  improvements,  such  deficiency  of  water  shall 
be  in  the  navigable  depth  and'  width  of  channel  in  the  river,  be- 
tween any  two  of  said  company's  canals,  as  aforesaid,  then  said 
commissioners  may  reduce  or  prohibit  the  taking  of  the  toll  before 
specified,  in  whole  or  in  part,  as  shall  seem  reasonable,  at  the 
canal  and  locks  next  below  where  such  neglect  and  deficiency  of 
water  exist  in  the  river  as  aforesaid:  and  if  such  neglect  and  defi- 
ciency of  water  shall  be  found  at  or  below  the  termination  of  the 
canal,  which  may  pass  by  said  Enfield  falls,  so  that  the  depth  and 
dimensions  of  navigable  water,  aforesaid,  shall  not  continue,  with- 
out interruption,  from  said  falls  to  said  city  of  Hartford,  then  said 
commissioners,  or  a  majority  of  them,  may  reduce,  or,  altogether 
prohibit,  the  taking  of  tolls  for  passing  in  or  through  the  locks 
or  canal,  by  said  Enfield  falls,  and  thence  to  said  city  of  Hart- 
ford. And  whereas,  in  prosecuting  the  objects,  in  this  act  men- 
tioned, great  expense  must,  necessarily  be  incurred,  and  it  will  be 
important  to  said  company,  and  of  great  publick  utility,  that  a 
sufficient  depth  of  water  may  be  had,  at  all  times,  for  the  con- 
venient passing  of  boats  and  other  floats,  drawing  three  feet  of 
water,  in  all  parts  of  said  locks  and  canals,  and  of  the  river  below 
the  same,  respectively,  to  the  next  locks  and  canals,  and  from  En- 
field falls  aforesaid,  to  said  city  of  Hartford,  it  is  hereby  further 
enacted,  that  no  person  or  persons,  body  politic  or  corporate,  shall 
divert,  turn  off,  or  out  of  said  Connecticut  river,  any  of  the  waters 
thereof,  so  as  to  effect  any  of  the  works  or  operations  of  said 
company  for  improving  the  navigation,  as  aforesaid,  or  diminish, 
hinder,  or  obstruct,  the  convenient  and  safe  navigation  of  said 
locks  and  canals,  and  said  river,  or  any  part  thereof,  between  the 
same  canals,  as  aforesaid,  by  boats  and  other  craft,  drawing  three 
feet  of  water,  at  any  season  of  the  year,  or  so  as  to  prevent  a  suffi- 
cient quantity  of  water  from  running  into,  through,  or  out  of  any 
of  the  Channels,  gates,  locks  or  canals  of  said  company,  nor  with- 
out the  consent  of  said  company,  erect  any  dam,  or  place  any  ob- 
structions in,  or  upon,  said  river,  so  as  to  hinder,  or  in  any  manner 
delay,  or  obstruct  the  safe  and  convenient  passing  of  boats  or  other 
craft,  drawing  three  feet  of  water,  as  aforesaid,  passing  up  and 
down  said  river  and  canals,  or  either  of  them,  or  to  increase  or 
diminish  the  quantity  of  water,  flowing  into,  through,  or  out  of  any 
channel,  locks,  sluiceway,  canal,  or  ether  work  of  said  company, 
for  improving  the  navigation  as  aforesaid. 

Section  17.     It  is  hereby  further  enacted,  That  if  upon  further 
examination  and  surveys,  it  shall  appear  that  the  public  good  will  be 


554  LAWS   OF   NEW  HAMPSHIRE 

promoted  by  changing  the  location  of  either  of  the  works  contem- 
plated, at  or  near  the  places  specified  in  the  fifteenth  section  of 
this  act,  or  by  substituting,  constructing  or  improving  canals,  locks, 
or  other  works,  at  some  different  place,  on  or  near  said  river,  to 
answer  the  objects  and  requirements  of  this  act,  in  regard  to  any 
of  the  works  specified  in  said  section,  it  shall  be  lawful  for  said 
company,  with  the  consent  and  approbation,  in  writing,  of  the 
Commissioners,  or  a  major  part  thereof,  of  any  State  or  States 
wherein  such  a  change  of  location,  substitution  or  improvement,  as 
aforesaid,  shall  be  deemed  best,  to  make  the  same  accordingly,  and 
to  collect  tolls,  at  such  substituted  work,  new  location,  or  other 
improvement  as  if  they  were  expressly  named  and  granted  in  this 
act 

Provided,  That  the  amount,  collectable  hereby,  at  such  new  loca- 
tion, or  substituted  work  or  improvement,  shall  not  exceed  the  sum 
or  sums,  which  would  have  been  collectable,  if  no  such  change  of 
location,  substitution,  or  other  such  improvement,  had  been  made. 

Section  18.  It  is  hereby  further  enacted,  That  as  it  may  happen 
that  said  locks,  canals,  or  other  works,  constructed  to  improve  said 
navigation,  may  be  injured  by  freshets  or  other  unforeseen  acci- 
dents, whereby  the  navigation  may  be  interrupted,  and  lands  adja- 
cent thereto  may  be  exposed  to  damage;  therefore,  for  a  speedy 
reparation  of  such  injury  whenever  and  so  often  as  such  case  shall 
happen,  it  shall  be  lawful  for  said  corporation,  by  their  agents, 
engineers,  or  workmen,  with  teams,  waggons,  carts,  and  other  car- 
riages, to  enter  upon  any  lands  contiguous  to  said  canals  or  other 
works,  so  injured,  and  to  dig  for,  get  and  carry  away,  and  use  all 
such  stone,  gravel,  clay  and  earth  as  may  be  necessary  and  proper 
for  such  reparations,  doing  as  little  damage  as  the  nature  of  the 
case  will  permit;  and  in  case  damages  shall  be  claimed  by  the  owner 
or  owners  of  any  land,  entered  upon  as  aforesaid,  the  same  shall 
be  assessed  by  the  commissioners,  in  the  same  way  and  manner,  as 
heretofore  in  this  act  is  pointed  out.  And  all  persons  aggrieved  by 
the  decision  of  the  Commissioners  shall  have  an  appeal,  as  in  this 
act  is  provided. 

Section  19.  It  is  hereby  further  enacted,  That  if  any  person  or 
persons  shall,  wantonly  or  unnecessarily,  open,  or  shut,  or  cause  to 
be  opened  or  shut,  any  lock,  gate,  or  any  paddle,  or  culvert  gate 
thereof,  or  any  waste  gate,  or  drive  any  nails,  spikes,  pins,  or 
wedges,  into  either  of  the  said  gates,  or  take  any  other  mode  of 
preventing  the  free  use  of  said  gates,  or  shall,  wantonly  or  mali- 
ciously, take  any  other  method  of  preventing  the  free  use  of  such 
gate  or  gates,  or  shall,  wantonly  or  maliciously  break,  throw  down, 
or  damnify  any  waste  weir,  dam,  culvert,  aqueduct,  bank,  or  other 
work,  erected  for  the  improvement,  or  convenient  use  of  said  nav- 
igation, or  shall,  maliciously  or  wantonly,  obstruct  the  navigation 
of  said  river  or  canals,  by  sinking  therein  any  vessel,  timber,  stone, 


LAWS   OF   NEW  HAMPSHIRE  555 

earth,  or  other  things  or  by  placing  any  obstruction  on,  or  across 
the  same,  such  person  or  persons  shall  for  every  such  offence,  for- 
feit and  pay  to  said  corporation,  the  sum  of  thirty  five  dollars, 
together  with  double  damages,  to  be  recovered  in  any  court  proper 
to  determine  the  same. 

Section  20.  It  is  hereby  further  enacted,  That  no  person  shall 
construct  any  wharf,  basin,  or  watering-place  on,  or  make  and 
apply  any  device  whatever  for  the  purpose  of  taking  water  from 
either  of  said  canals,  without  first  obtaining  therefor,  the  consent 
of  said  company  in  writing;  and  such  person  or  persons,  thus  doing, 
shall  forfeit  and  pay  to  said  company  the  sum  of  thirty  five  dollars, 
together  with  double  damages,  to  be  recovered  as  aforesaid; 
and  said  company  may  remove,  or  fill  up  such  basin,  wharf,  water- 
ing place,  or  other  device  aforesaid. 

Section  21.  It  is  hereby  further  enacted,  That  if  any  person, 
or  persons,  shall  willingly,  wilfully,  and  by  design,  break  throw 
down,  dig  up,  undermine,  or  in  any  manner  destroy  any  lock,  lock 
gate,  waste  weir,  culvert,  aqueduct,  towing  path,  embankment,  pier, 
or  other  work,  constructed,  acquired,  or  maintained  by  said  com- 
pany, for  the  improvement  of  said  navigation,  each  and  every  per- 
son offending  therein,  in  manner  aforesaid,  and  each  and  every 
person  so  aiding,  or  assisting,  therein,  on  conviction  thereof,  before 
any  Court,  proper  to  hear  and  determine  the  same,  shall  be  liable 
and  subject,  to  a  fine  not  exceeding  five  hundred  dollars,  at  the  dis- 
cretion of  said  court,  according  to  the  aggravation  of  the  offence, 
and  to  costs  of  prosecution,  and  shall  be  prosecuted  by  indictment, 
information,  or  otherwise,  according  to  the  laws  or  usages  of  the 
state,  wherein  such  offence  shall  be  done,  or  committed:  and  such 
fine  and  costs,  when  collected,  shall  be  paid  into  the  Treasury  of 
the  State  where  such  conviction  shall  be  had,  or  otherwise  disposed 
of,  as  the  laws  of  said  State  shall  from  time  to  time,  direct. 

Section  22.  It  is  hereby  further  enacted,  That  said  corporation 
shall  build,  and  keep  in  good  repair,  suitable  bridges  over  any  and 
every  canal,  by  them  constructed,  or  acquired,  and  improved,  as 
aforesaid,  whenever  such  canal  shall  cross  any  public  highway; 
and  all  bridges,  for  the  accommodation  of  the  public  travel,  or  of 
any  individual,  shall  be  of  such  dimensions  and  height,  as  the  Com- 
missioners of  the  State  in  which  the  same  shall  be,  or  the  major 
part  of  them,  shall  determine,  and  in  writing  direct;  and  may  build 
toll  houses  at  such  places,  as  said  Commissioners  of  the  State  in 
which  the  same  may  be,  or  the  major  part  of  them  shall  approve 
and  permit;  and  shall  at  all  times,  during  the  day,  keep  and  have 
suitable,  or  a  suitable  person,  or  persons,  to  attend  their  locks,  so 
that  those  passing  said  locks  with  their  boats,  floats,  or  other  prop- 
erty, having  paid  their  lawful  tolls,  shall  not  be  unnecessarily  nor 
unreasonably  detained  in  their  passage. 


5  56  LAWS  OF   NEW  HAMPSHIRE 

Section  23.  It  is  hereby  further  enacted,  That  no  person  shall 
lead,  drive,  or  ride  any  horse,  mule,  or  other  beast,  or  cattle,  or 
surfer  any  hog  to  run  at  large,  on  any  towing  path  of  said  company, 
constructed  as  aforesaid,  nor  on  any  bank  of  either  of  their  canals, 
opposite  to  such  towing  path,  except  for  the  purpose  of  towing 
boats,  or  other  floating  things,  on  said  canals  or  river,  or  for  the 
conveyance  of  articles  to  the  same  for  transportation,  or  delivery 
thence,  of  articles,  which  have  been  so  transported,  on  pain  of  for- 
feiting a  sum  not  exceeding  ten  dollars  to  said  corporation,  for  each 
offence  to  be  by  them  recovered  before  any  Court  of  competent 
Jurisdiction. 

Section  24.  It  is  hereby  further  enacted,  That  the  shares  or 
stock  of  any  proprietor,  or  stockholder,  in  said  company,  shall  be 
liable  to  attachment  and  execution  within  the  State,  where  such 
proprietor,  or  stockholder,  shall  reside,  and  be  inhabiting,  at  the 
time  of  such  attachment  being  made,  or  in  case  of  no  attachment 
being  so  made,  in  the  state,  where  he  shall  reside,  when  execution 
shall  be  levied  thereon,  as  in  case  of  other  personal  estate. 

Provided,  That  the  officer  serving  or  levying,  any  such  attach- 
ment, execution,  or  other  process,  whereby  to  take,  hold,  or  create 
a  lien  upon  the  shares,  or  stock,  or  any  part  thereof,  of  any  such 
proprietor,  or  stockholder,  shall  leave  with  a  director,  or  clerk,  of 
said  company,  if  there  be  such  inhabiting  within  said  State,  or  at 
his  usual  place  of  abode  therein,  an  attested  copy  of  the  writ  of 
attachment,  or  execution,  or  other  process  for  taking,  holding,  or 
creating  a  lien  upon  such  shares,  or  stock;  and  whenever  any  such 
stock,  or  shares,  shall  be  sold,  by  virtue  of  any  writ  of  execution, 
said  officer  shall  leave  with  such  director,  or  clerk,  or  at  his  usual 
place  of  abode,  a  certificate,  under  his  hand,  stating  the  number 
of  shares,  by  him  sold,  and  to  whom  sold,  under  said  writ  of  execu- 
tion; and  such  purchaser  thereof  shall,  thereupon,  become  a  stock- 
holder in  said  company,  entitled  to  all  the  rights,  and  priveleges, 
and  subject  to  all  the  duties,  and  liabilities  of  the  debtor,  or  debtors 
in  said  writ  of  execution,  in  regard  to  the  stock  so  purchased.  And 
any  writ,  or  process,  against  said  company  shall,  in  like  manner, 
be  served  by  the  officer  leaving  an  attested  copy  thereof  with  a 
director,  or  clerk,  of  said  company,  inhabiting  in  the  State,  within 
which  such  writ  or  process,  is  returnable,  or  at  his  usual  place  of 
abode. 

Section  25.  It  is  hereby  further  enacted,  That  a  general  meeting 
of  the  stockholders  shall  be  called  by  the  directors  of  said  Company, 
whenever  the  owners  or  proprietors,  of  one  fifth  part,  in  value,  of 
said  stock,  shall,  by  writing,  request  the  same  to  be  done,  and  such 
meeting  may  be  called  by  the  directors,  whenever  they  deem  it 
necessary,  notice  whereof  shall  be  given  by  publication,  in  at  least, 
one  newspaper,  printed  in  each  of  said  States,  and  such  other  notice 
as  the  by  laws  of  said  company  shall  prescribe,  at  least  twenty 


LAWS  OF   NEW  HAMPSHIRE  5  57 

days  previous  to  said  meeting.  And  in  case  it  shall  happen  that 
said  company  shall  omit  to  hold  any  annual  meeting,  or  meetings, 
for  the  purpose  of  choosing  officers,  said  company  shall  net,  by 
such  omission,  be  dissolved,  but  said  company  may,  at  any  time, 
reorganize,  by  the  appointment  of  their  necessary  officers,  who 
shall  have,  and  exercise  the  same  powers,  as  though  they  had  been 
appointed  at  the  annual  meeting.  Provided,  That  if  said  company 
shall  refuse,  or  neglect,  for  the  space  of  five  years  next,  after  their 
organization,  to  construct  the  requisite  works,  as  aforesaid,  and  to 
extend  and  complete  the  improvements  of  the  navigation  accord- 
ingly, from  said  city  of  Hartford  as  far  up  as  Brattleborough,  in  the 
State  of  Vermont,  then  the  rights,  powers,  and  priveleges,  hereby 
granted,  to  construct  canals,  locks,  and  other  works,  above  the  said 
town  of  Brattleborough,  and  also  at  those  places  between  said 
Hartford  city  and  said  Brattleborough,  where  such  locks  canals, 
and  other  works,  shall  not  have  been  so  constructed,  improved  and 
completed,  within  the  time  aforesaid,  shall  cease  and  determine. 
And  in  case  such  requisite  canals,  locks,  and  other  works,  for  the 
improvement  of  said  navigation,  as  aforesaid,  from  said  Hartford 
to  Brattleborough,  and  each  of  them  shall  be  constructed  improved, 
and  completed,  within  said  term  of  five  years,  and  said  company 
shall  refuse,  or  neglect,  for  the  space  of  four  years,  next  thereafter, 
to  construct  improve,  and  complete  the  works  requisite  for  improv- 
ing the  navigation  as  aforesaid,  from  said  Brattleborough  upward 
to  Barnet,  in  said  Vermont,  or  any  part  of  such  works,  then  all  their 
right  title,  and  interest,  under  this  act,  to  make  such  canals,  locks, 
and  other  works  above  Brattleborough,  or  such  part  thereof 
as  said  company  shall  so  have  neglected  to  construct,  improve,  and 
complete,  as  aforesaid,  shall  cease  and  determine. 

Section  26.  It  is  hereby  further  enacted,  That  this  act  shall  be 
taken  and  deemed  to  be  a  publick  act,  to  all  intents  and  purposes. 

Now  therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  said  act  of  the 
General  Assembly  of  the  State  of  Vermont  be  and  the  same  is 
hereby  assented  to  and  confirmed,  subject  however  to  the  following 
limitations,  conditions  provisions  and  restrictions  viz. 

1.  The  Commissioners  to  be  appointed  in  this  State  shall  be 
commissioned  by  the  Governor  and  Council  for  the  term  of  three 
years  unless  sooner  removed,  and  shall  be  liable  to  be  removed  at 
the  pleasure  of  the  Governor  and  Council,  and  shall  receive  such 
reasonable  compensation  for  their  services,  as  shall  from  time  to 
time  be  prescribed  by  the  Justices  of  the  Superior  Court  of  Judica- 
ture 

2.  The  said  Connecticut  river  Company  shall  not  within  this 
State  own  use  or  employ  in  the  trade  on  said  River  any  boats  other 
than  steam  boats,  and  the  Directors  of  said  Company  shall  not 


5  5^  LAWS   OF    NEW   HAMPSHIRE 

make  regulations  respecting  the  passage  of  boats  and  other  floats 
upon  the  waters  of  said  river  and  Canals  within  this  State,  except 
with  the  Consent  and  approbation  of  a  majority  of  the  Commis- 
sioners thereof. 

3.  The  Commissioners  of  this  State  shall  not  decide  that  said 
Corporation  may  enter  upon  and  take  the  land  of  any  individual 
for  the  purposes  mentioned  in  said  act,  until  notice  shall  be  given 
to  the  owner  of  such  land,  if  known,  or  to  his  or  her  agent  or  at- 
torney, husband  or  guardian  of  the  time  and  place  at  which  the 
parties  interested  will  be  heard  thereon;  and  in  case  the  owner  of 
such  land  is  not  known,  such  notice  of  the  time  and  place  shall  be 
given  as  shall  seem  reasonable  to  said  commissioners. 

4.  If  the  property  of  any  person  within  this  State  shall  in  any 
way  be  injured  by  the  construction  or  continuance  of  the  works 
of  said  Company,  and  the  parties  cannot  agree  upon  the  amount 
of  such  injury,  the  Commissioners  of  this  State  or  a  majority  of 
them,  on  application,  shall  have  power  to  assess  and  liquidate  the 
damages,  in  the  same  way  and  manner  as  is  provided  in  the  eighth 
section  of  said  act,  where  property  shall  be  taken,  used  or  occupied 
by  said  Company;  and  the  said  Commissioners,  on  application  shall 
assess  the  whole  amount  of  damages  for  the  injury  complained  of, 
and  the  property  so  injured  and  appraised,  if  not  necessary  to  be 
taken  by  said  company,  shall  continue  to  belong  to  the  former 
owner,  subject  to  the  incumbrance  or  injury  for  which  damages  are 
assessed  as  aforesaid,  and  the  decision  of  said  commissioners  as  to 
the  damages  occasioned  by  such  injury,  shall  be  subject  to  revision 
on  appeal  and  trial  by  Jury,  in  the  same  way  and  manner  as  is 
provided  in  the  ninth  section  of  said  act.  And  in  all  cases  where 
damages  shall  be  assessed  in  this  State  pursuant  to  said  eighth  sec- 
tion; if  said  Company  shall  neglect  to  pay  or  tender  to  the  person 
or  persons  to  whom  such  damages  shall  be  awarded  or  to  the  Guar- 
dian, husband,  agent  or  attorney  of  such  person  the  amount  of  such 
damages  within  sixty  days  after  such  award  shall  be  made,  except 
an  appeal  be  entered,  and  in  that  case  within  thirty  days  after  Judg- 
ment is  entered  all  right  of  said  Company  to  such  property  then 
appraised  shall  forever  cease  unless  they  shall  purchase  the  same  of 
the  owner. 

5.  When  actual  notice  is  not  given  to  the  owner  of  the  assess- 
ment of  damages  for  land  lying  within  this  State,  taken,  used,  occu- 
pied or  injured  by  said  company,  a  further  term  of  ninety  days,  in 
addition  to  the  thirty  days  mentioned  in  the  ninth  section  of  said 
act,  shall  be  allowed,  in  which  such  owner  may  appeal. 

6.  The  said  Connecticut  River  Company  shall  not  increase  their 
capital  stock  beyond  two  millions  of  dollars  without  the  permission 
of  the  legislature  of  this  State. 

7.  No  by-law  with  a  penalty  annexed  to  operate  in  this  State 
shall  be  made  in  pursuance  of  the  thirteenth  section  of  said  act, 


LAWS   OF   NEW  HAMPSHIRE  559 

unless  the  same  shall  be  approved  by  a  majority  of  the  Commis- 
sioners within  the  same. 

8.  If  any  citizen  of  this  State  shall  be  unnecessarily  or  unrea- 
sonably delayed,  molested,  injured  or  damnified  in  his  person  or 
property,  other  than  real  estate  not  within  this  State,  by  the  wilful 
misconduct  or  negligence  of  said  company,  or  their  agents  or  ser- 
vants, or  by  any  unreasonable  neglect  or  delay  of  said  company, 
their  agents  or  servants,  in  repairing  or  keeping  in  repair  any  of 
their  works,  such  citizen  may  have  his  remedy  at  law  therefor  in 
the  courts  of  this  State,  whether  the  act  or  default  whereby  such 
cause  of  action  may  arise  be  committed  within  or  without  the  State, 
and  said  Company  shall  always  be  responsible  to  this  State,  for  all 
their  acts  or  defaults  within  the  same,  as  fully  as  if  their  powers 
were  holden  under  the  sole  grant  of  the  Legislature  thereof. 

9.  A  meeting  of  the  commissioners  for  the  purpose  of  regulating, 
reducing,  or  prohibiting  the  taking  of  tolls  by  said  company,  in  pur- 
suance of  the  fifteenth  and  sixteenth  sections  of  said  act,  shall  be 
had  whenever  a  majority  of  the  commissioners  in  this  State  shall 
require  the  company  to  notify,  or  shall  themselves  notify  such  meet- 
ing: which  meeting  shall  be  notified  in  the  manner  and  held  at  the 
time  and  place  prescribed  by  the  commissioners  calling  the  same, 
giving,  however,  to  the  company,  and  also  to  the  other  commis- 
sioners, at  least  fifteen  day's  notice  thereof,  and  so  many  of  the 
commissioners  as  shall  meet  at  such  time  and  place,  shall  constitute 
a  board  for  the  transaction  of  business. 

10.  Any  company  incorporated  by  the  Legislature  of  this  State 
for  the  purpose  of  constructing  a  Canal  from  any  seaport  in  this 
State,  or  from  any  part  of  the  interior  thereof,  to  unite  with  Con- 
necticut river  shall  have  a  right  to  use  the  waters  of  the  river  for 
the  purpose  of  feeding  such  Canal,  in  such  manner  as  may  be 
authorized  in  their  grant  on  application  to  said  commissioners  of 
this  State,  and  paying  to  said  Connecticut  river  company  the  ex- 
penses of  any  alterations  which  shall  become  necessary  in  the  works 
of  said  Connecticut  river  Company  by  reason  of  such  grant  and 
use  of  the  waters,  the  amount  of  which  expenses  shall  be  ascer- 
tained and  assessed  by  said  commissioners  or  a  majority  of  them, 
and  the  decision  of  the  Commissioners  assessing  the  sum  so  to  be 
paid  shall  be  subject  to  revision  on  appeal  and  trial  by.  jury  in  the 
same  manner  as  is  provided  in  the  ninth  section  of  the  said  act 
hereby  confirmed,  in  regard  to  assessment  of  damages  against  said 
Connecticut  River  Company: 

Provided  however,  that  no  waters  of  said  river  shall  be  so  taken, 
which  are  necessary  to  the  navigation  thereof  as  provided  and  al- 
lowed in  the  act  hereby  confirmed. 

Provided  further,  that  nothing  herein  contained,  shall  be  con- 
strued or  taken  to  alter  or  impair  the  rights  of  any  Incorporation 
heretofore  granted  in  this  State. 


560  LAWS   OF  NEW  HAMPSHIRE 

11.  It  shall  not  be  lawful  for  said  Connecticut  River  Company 
to  enter  upon  any  lands  in  this  State  for  the  purposes  mentioned  in 
the  eighteenth  section  of  said  act  unless  said  company  shall  have 
previously  obtained  the  permission  of  at  least  one  of  the  commis- 
sioners in  this  State,  designating  the  particular  lands  which  may  be 
entered  by  said  Company  for  the  purposes  aforesaid. 

12.  Said  Corporation  shall  build  and  keep  in  repair  all  bridges 
over  their  canals,  in  this  State,  which  may  be  rendered  necessary  by 
the  laying  out  of  any  new  highway  or  road,  and  such  other  bridges 
over  and  across  their  said  canals  for  the  accommodation  of  persons 
owning  land  contiguous  thereto,  at  such  places  and  of  such  dimen- 
sions, as  the  commissioners  of  this  State  or  a  majority  of  them  shall 
by  writing  order  and  direct. 

13.  All  vacancies  occurring  in  the  board  of  directors  shall  be 
filled  in  such  manner  as  always  to  secure  one  of  said  directors  to 
this  State;  and  in  case  there  shall  at  any  time  be  no  director  or 
clerk,  inhabiting  within  this  State,  or  having  any  usual  place  of 
abode  therein,  any  writ  or  other  process  against  said  company  may 
be  served  by  leaving  an  attested  copy  thereof  with  any  one  of  the 
Commissioners  in  this  State,  and  an  attested  copy  of  any  writ,  exe- 
cution or  other  process  for  taking  holding  or  creating  a  lien  upon 
the  shares  or  stock  of  any  stockholder  inhabiting  within  this  State 
may  in  like  manner  in  such  case  be  left  with  a  Commissioner,  in- 
stead of  a  director  or  clerk 

14.  Nothing  in  said  act  contained  shall  be  so  construed  as  to 
restrain  the  Legislature  of  this  State  from  establishing  ferries  or 
authorizing  and  causing  to  be  erected  bridges  across  said  river  at 
such  suitable  places  as  they  may' deem  expedient. 

15.  The  said  Connecticut  river  Company  shall  organize  under 
said  Charter,  within  five  years  from  the  passage  of  this  act,  other- 
wise this  act  of  confirmation  shall  be  void  and  of  no  effect. 

16.  After  the  expiration  of  one  hundred  and  fifty  years  from  the 
passage  of  this  act,  the  legislature  of  this  State  shall  have  full  power 
and  authority  to  amend  or  modify  the  same,  and  the  powers  and 
privileges  therein  granted,  or  which  said  Company  may  acquire  pur- 
suant to  the  provisions  thereof 

Section  2.  And  be  it  further  enacted,  That  the  Commissioners 
appointed  under  the  act  aforesaid,  and  the  said  Connecticut  River 
Company,  shall  have,  within  this  State  all  the  rights,  powers,  and 
privileges,  specified  in  said  act,  in  the  manner  therein  provided, 
except  so  far  as  the  provisions  of  the  same  are  restrained,  modified 
and  controlled,  by  the  limitations,  conditions,  provisions  and  re- 
strictions aforesaid. 

Section  3.  And  be  it  further  enacted  that  the  property  of  said 
Corporation  within  this  State  shall  be  liable  to  taxation,  to  be  as- 
sessed and  collected  ,at  the  rate  and  in  the  same  way  and  manner 
as  the  property  of  other  canal  Corporations  in  this  State  shall  from 


LAWS  OF   NEW   HAMPSHIRE 


56l 


time  to  time  by  law  be  taxed.  Provided  however,  that  said  prop- 
erty shall  be  and  hereby  is  exempted  from  taxation  for  the  term 
of  twenty  years,  in  case  the  nett  income  thereof  shall  not  amount 
to  six  per  cent  per  annum  on  the  monies  expended  during  said  term: 
and  all  parts  of  said  act,  inconsistent,  with  the  said  conditions, 
limitations,  provisions  and  restrictions,  in  this  act  of  confirmation 
contained,  shall  have  no  force  or  effect  in  this  State 


[CHAPTER  63.] 


State  of  I 

New  Hampshire,  j 


An  act  to  incorporate  the  Gilmanton  Mechanick's  Company 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  137;  recorded  Acts, 
vol.  23,  p.  302.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Asa  Hanson,  Joseph  B 
Elliott,  John  Gunnison  and  their  associates  and  successors  are 
hereby  made  a  corporation  by  the  name  of  the  Gilmanton  Mechan- 
ick's  Company,  and  are  authorized  in  their  corporate  capacity  to 
acquire  and  hold  real  and  personal  estate  not  exceeding  in  value 
five  thousand  dollars  as  a  capital  stock,  and  are  invested  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties  and  liabilities 
of  corporations  of  a  similar  nature 

Section  2.  And  be  it  further  enacted,  that  said  corporation  may 
erect  and  construct  all  mills,  dams,  works  or  machines  which  may 
facilitate  or  appertain  to  the  business  of  Turning,  grinding  bark 
for  tanneries,  silver  plating  or  any  other  lawful  mechanical  pursuit 
which  said  corporation  may  see  fit  to  adopt 

Section  3'1  And  be  it  further  enacted,  that  said  capital  Stock 
shall  be  divided  into  one  hundred  shares,  and  each  share  shall  be 
entitled  to  one  vote  provided  however  that  absent  members  may 
vote  by  their  agents  duly  authorized  in  writing  for  that  purpose 

Section  4  And  be  it  further  enacted,  that  no  assessment  shall 
be  made  upon  any  member  of  said  corporation,  or  upon  his  or  their 
share  or  shares  therein,  except  by  a  vote  of  at  least  three  fourths 
of  the  shares  of  said  capital  stock  in  said  corporation;  and  for  the 
transaction  of  all  other  business  a  majority  of  the  shares  shall  con- 
stitute a  quorum. 

Section  5  And  be  it  further  enacted — that  Asa  Hanson,  may 
call  the  first  meeting  of  said  corporation,  bv  posting  un  advertise- 
ments of  the  time,  place  and  obiect  thereof  in  two  public  places  in 
said  Gilmanton,  at  least  ten  days  prior  to  said  meeting 

36 


562  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  64.] 

State  oj  } 

New  Hampshire.  \ 

An   Act   to   incorporate   the   Proprietors   of   the   Hampton 
reading  room  and  social  library 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  138;  recorded  Acts, 
vol.  23,  p.  303.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  court  Convened,  that  Edmund  Toppan, 
Thomas  Leavitt,  Junior,  and  John  M.  Seaward,  their  associates  and 
successors,  are  hereby  made  a  body  corporate  by  the  name  of  the 
proprietors  of  the  Hampton  reading  room  and  Social  Library;  and 
are  hereby  vested  with  all  the  powers  and  privileges,  and  subjected 
to  all  the  liabilities  incident  to  Corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  Thomas  Leavitt 
Junior  or  John  M.  Seaward,  may  call  the  first  meeting  of  the  said 
proprietors,  by  posting  up  at  the  Congregational  meeting  house  in 
Hampton  a  notice  of  the  time,  place  and  purpose  of  said  meeting, 
on  three  Sabbaths  in  Succession — 


[CHAPTER  65.] 

State  of         ) 
New  Hampshire.  \ 

AN   ACT   IN   ADDITION    TO   AN    ACT   ENTITLED    aAN    ACT    CONCERNING 
THE  NAVIGATION  OF  ASHUELOT  RIVER 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  139;  recorded  Acts, 
vol.  23,  p.  304.  The  act  referred  to  is  dated  June  24,  1819,  Laws  of  New 
Hampshire,  vol.  8,  p.  788.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened:  that  James  Wilson  Jr.  pro- 
prietor and  asignee  of  Lewis  Page  the  grantee  in  an  act  to  which 
this  is  an  addition,  and  such  as  may  associate  with  the  said  James 
Wilson  Jr.  be  and  they  are  hereby  made  a  body  politic  and  corpo- 
rate by  the  name  of  the  Ashuelot  navigation  company"  and  by  that 
name  may  sue  and  be  sued  prosecute  and  defend  to  final  judgment 
and  execution,  and  shall  be  and  hereby  are  invested  with  all  the 
privileges  and  powers  and  subjected  to  all  the  liabilities  which  by 
law  are  incident  to  corporations  of  a  similar  nature 


LAWS  OF   NEW   HAMPSHIRE  5^3 

Section  2  And  be  it  further  enacted  that  for  the  purpose  of 
supplying  and  maintaining  a  constant  navigation  (as  is  contem- 
plated by  the  act  to  which  this  in  addition)  upon  said  river  or  in 
any  canal  or  canals  which  may  be  constructed  for  that  purpose  the 
proprietor  or  proprietors  are  hereby  authorized  to  take  and  use  any 
water  of  and  from  said  river  or  any  pond  or  ponds,  rivers  and 
other  water  courses  as  the  same  may  be  convenient  and  necessary, 
and  to  make  in  any  part  of  said  river  or  canal,  and  at  the  extrem- 
ities thereof  all  such  locks,  flood  gates,  docks,  embankments,  ba- 
sins, piers,  wharves  and  other  works  as  may  be  necessary  and  con- 
venient for  the  purposes  of  the  act  to  which  this  is  an  addition, 
compensation  being  made  to  those  injured  thereby,  in  such  way 
and  manner  as  is  prescribed  in  said  act. 

Section  3.  And  be  it  further  enacted  that  said  proprietor  or  pro- 
prietors may  acquire  by  purchase  and  may  use,  occupy,  hold  in 
shares  or  otherwise  dispose  of,  any  water  power  or  mill  privileges 
which  may  be  obtained  from,  or  created  by  any  of  the  Locks,  or 
slips  erected  by  said  proprietor  or  proprietors  and  may  erect  such 
works  and  buildings  as  may  be  found  necessary  for  the  profitable 
management  of  said  property  to  the  amount  of  two  hundred  thou- 
sand dollars  and  no  more 

Section  4.  And  be  it  further  enacted  that  said  proprietor  or 
proprietors  may  hold  such  real  estate  as  may  be  necessary  and  con- 
venient for  the  purposes  of  this  act,  and  the  act  to  which  this  is  an 
addition  not  exceeding  five  hundred  thousand  dollars  and  the  same 
may  sell  and  dispose  of  at  pleasure 

Section  5.  And  be  it  further  enacted — that  the  time  allowed  for 
making  said  river  navigable  by  the  act  to  which  this  is  in  addition 
be  extended  to  the  term  of  ten  years  from  the  passing  of  this  act, 
at  the  expiration  of  which  time,  this  act  and  the  act  to  which  this 
is  in  addition  shall  cease  and  become  inoperative,  if  within  said 
term  of  ten  years  the  said  proprietor  or  proprietors  shall  not  make 
the  said  river  navigable  for  boats  of  ten  tons  burthen  at  suitable 
rise  of  water  throughout  the  distance  contemplated  by  the  act  to 
which  this  is  in  addition 


564  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  66.] 

State  of  I 

Neiv  Hampshire.  \ 

An  Act  for  the  regulation  and  government  of  Schools  in 
the  town  of  portsmouth 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  140;  recorded  Acts, 
vol.  23,  p.  306.  Session  Laws,  1826,  Chap.  66.  Laws,  1830  ed.,  p.  437.  See 
acts  of  December  22,  1808,  Laws  of  New  Hampshire,  vol.  7,  p.  771;  June 
27,  1818,  id.,  vol.  8,  p.  722;  July  6,  1827,  post;  July  4,  1829,  Session  Laws, 
1829,  Chap.  77;  June  24,  1835,  id.,  1835,  Chap.  208;  January  13,  1837,  id., 
1836,  November  session,  Chap.  311;  July  4,  1837,  id.,  1837,  Chap.  344,  and 
June  2S,  1841,  id.,  1841,  Chap.  616.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  inhabitants  of  the 
town  of  Portsmouth  are  hereby  empowered  and  required  at  their 
annual  town  meetings  for  the  choice  of  town  officers,  to  raise  such 
sum  or  sums  of  money  as  may  be  necessary  for  the  erecting  build- 
ing repairing  purchasing  or  hiring  such  School-Houses  as  may  be 
necessary  for  the  accommodation  of  the  Schools  in  said  town,  and 
of  necessary  utensils  for  the  same,  and  the  Selectmen  of  said  town 
are  hereby  empowered  and  required  to  assess  annually  the  inhab- 
itants of  said  town  according  to  their  polls  and  ratable  estates  to- 
gether with  the  unimproved  lands  and  buildings  of  nonresidents 
such  sum  or  sums  or  money  as  may  from  time  to  time  be  raised  by 
vote  of  the  inhabitants  of  said  town  for  the  aforesaid  purposes, 
which  sums,  when  collected,  shall  be  appropriated  by  said  Select- 
men for  the  building,  repairing,  purchasing  or  hiring  such  school 
houses  as  they  may  deem  necessary  or  as  said  inhabitants  may 
from  time  to  time  direct — 

Section  2.  And  be  it  further  enacted  that  the  sum  now  required 
by  law  to  be  raised  for  the  support  of  Schools  in  conformity  to  an 
act  passed  June  27th  181 8.  entitled  "an  act  in  addition  to  an  act 
entitled  an  act  for  the  better  regulation  of  Schools  and  for  repealing 
certain  laws  now  in  force  respecting  the  same"  or  any  sums  that 
may  hereafter  be  required  to  be  raised  by  any  subsequent  law,  for 
that  purpose,  shall  together  with  such  other  sums  as  the  inhabi- 
tants of  said  town  may  vote  in  regular  town  meeting  to  be  raised 
for  such  purpose  be  paid  over  by  the  Selectmen,  to  the  School  com- 
mittee chosen  by  the  inhabitants  of  said  town  in  the  manner  herein 
after  prescribed  to  be  by  them  laid  out  and  expended  in  the  manner 
prescribed  in  the  third  section  of  this  act — 

Section  3.  And  be  it  further  enacted  that  the  inhabitants  of  said 
Portsmouth  are  hereby  empowered  and  required  to  choose  by  ballot 
three  or  more  suitable  persons  respectable  freeholders  in  said  town, 


LAWS  OF   NEW  HAMPSHIRE  565 

who  shall  be  sworn  to  the  faithful  discharge  of  their  trust,  whose 
duty  it  shall  be  to  receive  the  monies  of  said  selectmen  raised  and 
assessed  agreeably  to  the  provisions  of  the  second  section  of  this 
act,  giving  their  receipt  therefor,  and  appropriate  the  same  to  the 
sole  purpose  of  keeping  such  English  Schools  as  may  be  necessary, 
or  as  the  inhabitants  of  said  town  may  direct  for  teaching  the 
various  sounds  and  powers  of  the  letters  in  the  English  language, 
reading,  writing,  English  Grammar,  Arithmetic,  Geography,  and 
such  other  branches  of  education  as  may  be  necessary  to  be  taught 
in  an  English  School  including  the  purchase  of  necessary  wood  or 
other  fuel  for  such  Schools,  and  it  shall  be  the  duty  of  such  com- 
mittee to  visit  and  inspect  said  schools  semiannually  and  at  such 
times  as  may  be  most  convenient  for  the  parties  concerned  and  in  a 
manner  which  they  may  judge  most  conducive  to  the  progress  of 
literature  morality  and  religion:  And  said  committee  are  further 
empowered  to  appoint  such  Schoolmasters  and  Schoolmistresses  as 
may  be  necessary  and  for  such  term  of  time  as  they  may  think 
proper,  whose  qualifications  shall  be  the  same  as  are  pointed  out  in 
the  second  section  of  the  act  for  the  better  regulation  of  schools, 
passed  December  2  2d  1808.  And  said  Committee  may  direct  the 
mode  of  instruction  designate  the  books  to  be  used  in  the  schools 
and  make  general  rules  for  their  government. — 

Section  4.  And  be  it  further  enacted,  that  if  the  Selectmen  of 
said  town  neglect  or  refuse  to  raise  and  seasonably  collect  and  ap- 
propriate or  pay  over  to  said  committee,  as  the  case  may  be,  the 
sums  required  to  be  raised  by  the  first  and  second  sections  of  this 
act;  such  selectmen  shall  be  liable  to  the  same  forfeitures  as  are 
provided  in  the  fourth  section  of  an  act  for  the  better  regulation 
of  schools  passed  December  2  2d  1808.  and  said  school  committee 
shall  be  subject  to  the  same  liabilities  on  their  part  for  the  malap- 
propriation  of  any  monies  raised  and  collected  for  such  purpose  and 
paid  over  by  said  Selectmen  to  said  School  committee — 

Section  5  And  be  it  further  enacted  that  the  sums,  raised  and 
assessed  by  virtue  of  the  first  and  second  sections  of  this  act  shall 
be  collected  in  the  manner  prescribed  by  law  for  the  collection  of 
other  taxes  for  the  current  expences  of  said  town — 

Section  6th  And  be  it  further  enacted  that  this  act  shall  not 
take  effect  untill  the  inhabitants  of  said  town  at  their  annual  meet- 
ing for  town  officers  in  March  next  or  at  some  other  legal  meeting 
held  expressly  for  that  purpose  shall  adopt  the  same  by  vote  of  a 
majority  of  the  legal  voters  present —  • 


566  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  67.] 

State  of  ] 

New  Hampshire.  \ 

An  act  to  secure  to  owners  their  property  in  logs,  masts, 
spars  and  other  timber  in  saco  and  ossipee  rlvers  in  cer- 
tain cases. 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  141 ;  recorded  Acts, 
vol.  22,  p.  309.  Session  Laws,  1826,  Chap.  67.  Laws,  1830  ed.,  p.  440. 
Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened — that  if  any  person  shall  take 
and  carry  away  or  otherwise  convert  to  his  own  use  without  the 
consent  of  the  owner  any  log  suitable  to  be  sawed  or  cut  into  boards, 
clap-boards,  shingles,  joist  or  other  lumber,  or  any  mast,  spar,  or 
other  timber  the  property  of  another,  whether  the  owner  or  owners 
thereof  be  known  or  unknown,  lying  or  being  in  Saco  or  Ossipee 
rivers  or  their  tributary  streams,  within  the  County  of  Strafford  in 
this  State;  or  if  any  person  shall  cut  out,  alter,  or  destroy  any  mark 
or  marks  of  any  owner  or  owners  made  on  any  such  log,  mast,  spar 
or  other  timber  whether  the  owner  of  such  timber  be  known  or  un- 
known, the  person  or  persons  so  offending  shall  forfeit  and  pay  to 
the  use  of  the  State  a  fine  not  less  than  twenty  five  dollars  nor 
more  than  fifty  dollars  for  each  and  every  such  log,  mast,  spar  or 
other  piece  of  timber,  so  taken,  carried  away  or  converted,  or  upon 
which  the  mark  or  marks  so  made  shall  have  been  cut  out,  altered, 
or  destroyed  as  aforesaid,  to  be  recovered  by  indictment  before 
any  court  of  competent  jurisdiction  together  with  costs  of  prosecu- 
tion. 

Section  2.  And  be  it  further  enacted  that  all  logs,  masts,  spars, 
or  other  pieces  of  timber  carried  by  freshets  or  otherwise  lodged 
upon  any  lands  adjoining  said  Saco  or  Ossipee  rivers  or  their  trib- 
utary streams  within  the  County  of  Strafford  shall  be  forfeited  to 
and  become  the  property  of  the  owner  or  occupier  of  the  lands  so 
incumbered  after  the  expiration  of  two  years  from  the  time  the 
same  may  have  been  carried  or  lodged  upon  said  lands 

Section  3.  And  be  it  further  enacted  that  the  owner  or  owners 
Qf  such  logs  or  other  timber  mentioned  in  the  second  section  of  this 
act  may  lawfully  enter  on  said  land  and  remove  said  timber  there- 
from at  any  time  within  two  years  from  the  time  the  same  may 
have  lodged  on  said  lands,  on  paying  or  tendering  to  the  owner 
or  occupier  of  said  lands  so  incumbered  with  logs  or  other  timber  a 
reasonable  compensation  for  the  damages  which  the  owner  or  occu- 
pier may  have  sustained  by  the  lodgment  and  continuance  of  such 


LAWS   OF   NEW   HAMPSHIRE  567 

logs  or  other  timber  on  his  lands  as  aforesaid  and  may  sustain  by 
removing  the  same  therefrom. 

Section  4  And  be  it  further  enacted  that  whenever  the  owner  or 
owners  of  such  timber  as  is  mentioned  in  this  act  shall  remove  the 
same  from  any  lands  upon  which  they  may  have  lodged,  or  shall 
cause  the  same  to  be  removed  therefrom  without  having  paid  or  ten- 
dered the  compensation  for  damages  as  in  the  third  section  of  this  act 
is  required  the  owner  or  occupier  of  such  land  may  commence  and  is 
hereby  authorized  to  have  and  maintain  an  action  on  the  case 
against  the  owner  or  owners  of  said  timber  or  against  the  person 
or  persons  removing  the  same  to  recover  compensation  for  the 
damages  aforesaid  with  cost  of  suit;  Provided  that  said  action  be 
commenced  within  one  year  from  the  time  said  timber  shall  be  re- 
moved from  said  land 


[CHAPTER  68.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Lafayette  Manufacturing  Com- 
pany. 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  142;  recorded  Acts, 
vol.  23,  p.  311.  A  company  by  the  same  name  was  incorporated  in  Clare- 
mont,  June  27,  1835.     See  Session  Laws,  1835,  Private  Acts,  Chap.  38.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives; in  General  Court  convened;  that  Frederick  De-Grand, 
Peter  Dupont,  William  Whittemore,  Paul  Cragin,  junior,  Mark 
Bailey,  John  Carkin,  and  their  associates  and  successors  be,  and 
they  hereby  are  made  a  body  politick  forever  by  the  name  of  the 
Lafayette  Manufacturing  Company;  and  in  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution;  and 
shall  be,  and  hereby  are  vested  with  all  the  powers  and  privileges, 
which  by  law  are  incident  to  corporations  of  a  similar  nature;  and 
also  may  have  and  use  a  common  seal,  which  they  may  break,  alter 
or  renew  at  pleasure 

Section  2.  And  be  it  further  enacted;  that  the  said  Corporation 
be,  and  the  same  hereby  is,  authorized  and  empowered  to  carry  on 
the  manufacture  of  cotton,  woollen  and  other  goods,  and  such  other 
branches  of  trade  and  manufacture,  as  may  be  usefully  carried 
on  by  said  Corporation  on  the  Contoocook  River  in  Greenfield — in 
the  County  of  Hillsborough,  and  Society  Land  and  Hancock  in  said 
County  or  either  of  them  and  may  erect  such  mills,  dams,  works, 
machines  and  buildings  as  may  be  necessary  for  carrying  on  these 
useful  manufactures  and  branches  of  business. 


5*58  LAWS  OF   NEW  HAMPSHIRE 

Section  3.  And  be  it  further  enacted; — that  the  said  Corpora- 
tion be  and  the  same  is  hereby  authorized  to  acquire  by  purchase 
or  otherwise,  and  to  hold  and  enjoy  such  real  or  personal  estate  as 
may  be  necessary  or  useful  in  conducting  the  business  of  said  Cor- 
poration, and  the  same  to  sell,  convey,  and  dispose  of  at  pleasure, 
provided  the  estate  held  by  said  Corporation  shall  not  at  any 
time  exceed  three  hundred  thousand  dollars.  And  the  said  capital 
or  joint  stock  may  be  divided  into  as  many  shares  as  the  proprietors, 
at  any  legal  meeting  shall  agree  and  decide;  and  in  like  manner  the 
proprietors  may  agree  on  the  manner  of  transferring  them;  and  may 
elect  an  agent  or  agents  and  such  other  officers  and  servants  as 
may  be  deemed  necessary,  and  prescribe  their  respective  duties; 
may  order  assessments  and  fix  the  time  of  their  payment;  may 
limit  the  amount  which  said  assessment  shall  not  exceed  without 
the  consent  of  all  the  proprietors ;  may  pass  by-laws  for  their  regu- 
lation and  government,  and  may  do  and  transact  any  other  business 
in  relation  to  the  concerns  and  for  the  benefit  of  said  Corporation. 
All  elections,  and  all  other  questions,  if  required  shall  be  deter- 
mined by  a  majority  of  votes  present  or  represented  at  any  meeting, 
accounting  and  allowing  one  vote  to  each  share  in  all  cases,  and  all 
representations  shall  be  in  writing,  signed  by  the  person  represented 
and  filed  with  the  Clerk. 

Section  4  And  be  it  further  enacted;  that  the  shares  in  said 
Corporation  shall  be  liable  and  holden  for  all  assessments  legally 
made  thereon,  and  upon  the  non-payment  of  such  assessments  or 
any  part  thereof  within  the  time  fixed  for  their  payment,  the  Treas- 
urer may  proceed  in  the  manner  prescribed  in  the  by-laws  of  said 
Corporation  to  advertise  and  sell  at  publick  auction,  such  delinquent 
shares,  or  so  many  of  them  as  may  be  necessary  to  pay  the  sums 
due  thereon  with  incidental  charges. 

Section  5.  And  be  it  further  enacted,  that  the  said  William 
Whittemore,  Paul  Cragin,  junior,  and  Frederick  DeGrand  or  either 
two  of  them  may  call  the  first  meeting  of  the  members  of  said  Cor- 
poration, to  be  holden  at  any  suitable  time  and  place,  by  publishing 
a  notice  thereof  in  the  New  Hampshire  Patriot,  printed  at  Concord, 
in  the  County  of  Merrimack,  at  least  twenty  days  before  said  meet- 
ing, or  by  giving  to  said  members  personal  notice  thereof,  at  least 
fifteen  days  prior  thereto. 


LAWS   OF   NEW  HAMPSHIRE  569 

[CHAPTER  69.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  amend  an  act  entitled  an  act  to  confirm  an  act  of 
the  General  Assembly  of  the  State  of  Vermont  entitled 
"an  act  to  provide  for  improving  the  navigation  in  the 
valley  of  connecticut  river." 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  143;  recorded  Acts, 
vol.  23,  p.  313.  Session  Laws,  1826,  Chap.  69.  See  act  referred  to,  of  same 
date,  ante,  p.  540.     See  also  act  of  December  13,  1824,  ante,  p.  310.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  following  words  be  added  to 
the  second  proviso  annexed  to  the  restriction  qualification  or  condi- 
tion numbered  ten,  in  said  act  of  confirmation,  viz:  "without  the 
consent  of  such  incorporation,  by  their  corporate  act;"  and  that 
said  words  be  taken  to  be  part  of  said  second  proviso,  so  that  the 
same  shall  read  as  follows,  viz,  Provided  further  that  nothing 
herein  contained  shall  be  construed  or  taken  to  alter  the  rights  of 
any  incorporation  heretofore  granted  in  this  state,  without  the  con- 
sent of  such  incorporation,  by  their  corporate  Act." 


[CHAPTER  70.] 


State  of  ) 

New  Hampshire.  \ 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT  ESTABLISHING 
AN  EQUITABLE  METHOD  OF  MAKING  TAXES,  AND  FOR  ASCERTAIN- 
ING THE  POWERS    OF   SELECTMEN,"   PASSED    FEBRUARY   8,    17QI. 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  144;  recorded  Acts, 
vol.  2i,  p.  314.  Session  Laws,  1826,  Chap.  70.  The  act  referred  to  is  printed 
in  Laws  of  New  Hampshire,  vol.  5,  p.  603.  Repealed  by  act  of  July  7,  1827, 
post.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  all  stallions  or  stud- 
horses, and  all  other  horses  or  mares,  all  jacks  or  mules,  all  oxen, 
cows,  or  other  neat  stock  taxable  by  law,  kept  in  any  town  in  this 
state,  and  all  stock  in  trade  employed  in  any  such  town,  owned  by 
any  person  or  persons  not  residing  in  the  town  where  any  such 
property  is  or  may  be  kept  or  employed,  shall  be  taxed  to  the  per- 
son or  persons  having  the  care  thereof  on  the  first  day  of  April,  in 
the  town  where  the  same  may  be  so  kept  or  employed;  the  prop- 
erty thus  taxed  shall  be  holden  for  the  payment  of  all  taxes  duly 


57°  LAWS  OF   NEW   HAMPSHIRE 

assessed  thereon;  the  person  or  persons  having  the  care  of  any  such 
property  on  the  first  day  of  April  shall  give  to  the  selectmen  or 
assessors  of  any  such  town  a  true  account  thereof,  and  for  neglect- 
ing or  refusing  so  to  do  shall  be  subject  to  the  same  penalties  as  by 
law  are  imposed  upon  those  who  neglect  or  refuse  to  give  such 
account  of  their  own  property;  the  owner  or  owners  of  any  such 
property  shall  not  be  taxed  therefor  in  the  town  where  he,  she  or 
they  may  reside,  anything  in  the  act  to  which  this  is  in  addition 
to  the  contrary  notwithstanding.  And  any  person  or  persons  so 
having  the  care  of  any  such  property,  and  having  been  taxed  there- 
for, shall  have  a  right  to  retain  the  same  until  the  taxes  assessed 
thereon  shall  be  paid  and  having  paid  any  tax  thereon  assessed 
shall  have  a  claim  upon  the  owner  or  owners  of  any  such  property 
for  the  amount  of  the  tax  so  paid,  and  may  recover  the  same  in  an 
action  for  money  paid  in  any  court  of  competent  jurisdiction. 


[CHAPTER  71.] 


State  of  } 

New  Hampshire.  \ 


An  act  in  addition  to  an  act  entitled  "an  act  to  incorporate 
the  proprietors  of  hart  island  bridge"  passed  june  23. 

I8l8. 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  145;  recorded  Acts, 
vol.  23,  p.  315.  The  act  referred  to  is  printed  in  Laws  of  New  Hampshire, 
vol.  8,  p.  692.  See  also  acts  of  June  16,  1821,  ante,  p.  8;  July  1,  1837,  Ses- 
sion Laws,  1837,  Private  Acts,  Chap.  32;  June  30,  1841,  id.,  1841,  Private 
Acts,  Chap.  12,  and  July  3,  1861,  id.,  1861,  Private  Acts,  Chap.  2563.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened  that  a  further  time  of  two  years  from  the 
passage  of  this  Act  be  allowed  to  the  proprietors  of  Hart  Island 
Bridge  to  build  and  complete  the  Same  as  is  provided  by  the  pro- 
visions of  the  act  to  which  this  is  in  an  addition 


LAWS  OF   NEW  HAMPSHIRE  57  l 

[CHAPTER  72.] 


State  of  I 

New  Hampshire.  \ 


An  act  providing  for  the  publication  of  the  acts  and  Jour- 
nals of  the  Legislature 

[Approved  July  7,  1826.  Original  Acts,  vol.  29,  p.  146;  recorded  Acts, 
vol.  23,  p.  316.  Session  Laws,  1826,  Chap.  72.  Laws,  1830  ed.,  p.  441.  See 
acts  of  June  21,  1820,  Laws  of  New  Hampshire,  vol.  8,  p.  907;  November 
30,  1820,  id.,  p.  923;  July  3,  1829,  Session  Laws,  1829,  Chap.  46;  June  27, 
1835,  id.,  1835,  Chap.  224,  and  January  7,  1837,  id.,  1836,  November  session, 
Chap.  310.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes 
(1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened, 

That  it  shall  be  the  duty  of  the  Secretary  of  State,  as  soon  as  may 
be  after  the  close  of  every  session  of  the  General  Court,  to  cause  to 
be  printed  in  a  pamphlet  form,  and  on  type  &  paper  corresponding 
in  quality  and  style  of  execution  with  the  edition  of  the  Statutes 
published  in  1815;  seven  hundred  Copies  of  all  the  publick  acts 
and  resolutions  with  a  list  of  the  titles  of  all  acts  of  a  private 
nature  passed  at  such  session,  together  with  a  digested  index  of 
the  contents  of  each  pamphlet. 

Section  2.  And  be  it  further  enacted,  that  it  shall  be  the  duty 
of  the  clerks  of  the  Senate,  and  of  the  House  of  Representatives  as 
soon  as  may  be  after  every  session  of  the  General  Court,  to  prepare 
a  copy  of  their  journals  respectively  for  that  session  with  a  digested 
index  of  the  contents  thereof,  for  the  press,  and  to  file  the  same  in 
the  office  of  the  Secretary  of  State;  And  it  shall  be  the  duty  of  the 
Secretary  to  cause  six  hundred  copies  of  the  same  to  be  printed  on 
a  tvpe  not  larger  than  small  pica,  and  executed  in  a  neat  and 
workmanlike  manner,  and  on  paper  of  the  quality  heretofore  used 
in  printing  the  Journals. 

Section  3.  And  be  it  further  enacted,  that  immediately  after  the 
close  of  each  session  of  the  General  Court,  it  shall  be  the  duty  of 
the  Secretary  of  State,  to  give  notice  in  two  newspapers  printed  in 
Concord,  that  he  will  receive  proposals  for  printing  the  laws  and 
Journals  as  aforesaid  for  the  space  of  ten  days,  and  the  secretary  of 
state  shall  contract  with  the  person  or  persons  who  will  execute  the 
printing  of  the  same  on  the  terms  most  favourable  to  the  State— 
The  laws  to  be  printed  and  delivered  to  the  secretary  within  twenty 
days,  and  the  Journals  within  three  months  after  the  person  or 
persons  so  contracted  with,  shall  have  been  furnished  by  the  Sec- 
retary with  copies  thereof — 

Section  4.  And  be  it  further  enacted,  that  it  shall  be  the  dutv 
of  the  Secretary  upon  being  furnished  with  the  printed  laws  and 


57 2  LAWS   OF   NEW  HAMPSHIRE 

journals,  according  to  the  provisions  of  this  act,  to  make  a  certifi- 
cate thereof  to  his  Excellency  the  governor,  who  is  authorized  to 
draw  on  the  Treasury  for  the  amount  of  the  contracts  respectively. 

Section  5.  And  be  it  further  enacted,  That  the  Secretary  shall 
as  soon  as  may  be  after  he  shall  have  been  furnished  with  the 
printed  laws  as  aforesaid  cause  one  copy  thereof  to  be  transmitted 
to  each  person  composing  the  executive  and  legislative  branches  of 
the  Government,  to  the  Secretary  and  treasurer,  to  each  of  the 
clerks  of  the  Senate  and  House  of  Representatives,  to  each  judicial 
officer,  and,  to  each  of  the  clerks  of  the  courts,  and  registers  of 
Probate,  Attorney  General,  and  to  each  of  the  Solicitors  within  the 
State  for  the  time  being,  and  a  copy  thereof  to  the  Secretary  of 
each  State  and  territory  in  the  United  States,  one  Copy  to  each 
Historical  Society  in  the  United  States,  and  to  the  American  anti- 
quarian Society,  and  one  copy  thereof  to  each  town  in  the  State. 

Section  6.  And  be  it  further  enacted,  That  the  Secretary  shall 
as  soon  as  may  be  after  he  shall  have  been  furnished  with  the 
printed  Journals  as  aforesaid  cause  one  copy  thereof  to  be  trans- 
mitted to  each  person  composing  the  executive  and  legislative 
branches  of  the  government,  for  the  time  being,  one  copy  thereof 
to  the  Secretary-  and  Treasurer,  and  to  each  of  the  clerks  of  the 
Senate  and  House  of  Representatives  one  Copy  to  the  New  Hamp- 
shire Historical  Society,  one  copy  to  the  American  Antiquarian 
society,  and  one  Copy  to  each  town  in  this  State. 

Section  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Secretary  of  State  to  cause  the  public  acts  and  Resolutions 
of  each  Session  of  the  Legislature  to  be  published  in  each  News- 
paper in  this  State,  in  the  same  maner,  and  for  the  same  compen- 
sation as  is  provided  in  the  act  passed  June  21.  1820  entitled  "an 
act  to  fix  the  compensation  for  publishing  the  laws  of  this  State  in 
the  several  News  papers  to  be  designated  for  that  purpose,  and 
also  in  an  act  in  addition  to  said  act  passed  November  30  1820. 


[Orders,    Resolves    and    Votes    of  a    Legislative    Nature    Passed 
During  this  Session.] 

1826,  June  22. 

A  Resolution  authorizing  the  town  of  Surry  to  elect  a  Representative. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened ; 

That  the  inhabitants  of  the  town  of  Surry,  in  the  County  of  Cheshire, 
be,  and  they  are  hereby  authorized  to  elect  and  send  a  Representative 
to  the  General  Court  of  this  State,  until  the  Legislature  shall  otherwise 
order. 

[House  Journal,  1826,  p.  297.  Senate  Journal,  1826,  p.  78.  Original 
Acts,  vol.  29,  p.  147.] 


LAWS   OF   NEW   HAMPSHIRE  573 

1826,  June  23. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
Convened. 

That  the  Selectmen  of  the  several  towns  in  the  County  of  Cheshire  be, 
and  they  hereby  are  required  to  insert  in  their  warrant  for  the  Annual 
meetings  in  their  respective  towns  in  March  1827  the  following  article 
viz — To  ascertain  the  opiniion  of  the  qualified  voters  in  said  town  on  the 
following  question — 

Is  it  expedient  to  divide  the  County  of  Cheshire?  And  be  it  further 
resolved,  that  it  shall  be  the  duty  of  the  town  Clerks  of  the  several  towns 
in  said  County  to  make  a  true  record  of  the  state  of  votes  in  their  re- 
spective towns  on  the  foregoing  question — and  to  transmit  to  the  Secre- 
tary of  State  a  certified  copy  thereof  on  or  before  the  first  Wednesday 
of  June  1827. 

[House  Journal,  1826,  p.  245.  Senate  Journal,  1826,  p.  82.  Original 
Acts,  vol.  29,  p.  147.] 


1826,  June  23. 

A  Resolution  authorizing  the  town  of  Gilsum  to  elect  a  Representative. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  inhabitants  of  the  town  of  Gilsum  in  the  County  of 
Cheshire  be  and  they  are  hereby  authorized  to  elect  and  send  a  Repre- 
sentative to  the  General  Court  of  this  State  until  the  Legislature  shall 
otherwise  order. 

[Senate  Journal,  1826,  p.  81.    Original  Acts,  vol.  29,  p.  148.] 


1826,  June  30. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  That 

William  M.  Richardson  of  Chester 

John  Porter  of  Londonderry 

Samuel  D.  Bell  of  Chester, 
Be  a  Committee  to  revise  the  laws  of  this  State  relating  to  towns  and 
town  Officers,  and  report  by  bill  to  the  Legislature  at  the  next  June  Ses- 
sion thereof. 

And  that  His  Excellency  the  Governor  be  requested  to  notify  those 
Gentlemen  of  their  appointment 

[House  Journal,  1826,  p.  347.    Senate  Journal,  1826,  p.  137.    Original 
Acts,  vol.  29,  p.  148.] 


1826,  July  4. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Treasurer  of  this  State  be  and  hereby  is  authorized 
to  convey  to  Dorcas  Merrill  of  Bartlett  all  the  right  and  title  the  State 
of  New  Hampshire  has  in  and  unto  a  tract  of  land  situate  in  said  Bartlett 


574  LAWS   OF   NEW  HAMPSHIRE 

and  bounded  as  follows,  viz.  beginning  at  an  ash  tree  on  the  North  of 
Rocky  branch  so  called,  by  land  granted  to  Silvanus  Emery,  thence 
South  eighty  two  degrees  east  one  hundred  rods,  thence  North  eight 
degrees  east  one  hundred  and  sixty  rods,  thence  north  eighty  two  west 
one  hundred  rods  thence  south  eight  degrees  west  one  hundred  and  sixty 
rods  to  the  bound  began  at  containing  one  hundred  acres.  To  hold  the 
same  during  the  natural  life  of  the  said  Dorcas  Merrill,  &  then  the  prop- 
erty to  belong  to  her  heirs. 

[House  Journal,  1826,  p.  436.    Senate  Journal,  1826,  p.  157.    Original 
Acts,  vol.  29,  p.  149.] 


1826,  July  4. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened — that  his  Excellency  the  Governor  be  requested  to  order  a  Com- 
missioner of  this  State  to  cooperate  with  Major  Abert  U.  S.  Engineer 
in  the  survey  of  a  Canal  route  to  connect  the  Connecticut  and  Amersi- 
coggin  Rivers,  at,  or  near  Northumberland. 

And  be  it  further  resolved,  that  his  Excellency  the  Governor,  be  re- 
quested to  order  the  necessary  assistants  to  aid  Major  Abert,  U.  S.  Engi- 
neer, in  the  survey  and  estimate  of  the  cost  of  a  canal  from  Piscatequa 
River,  through  the  valley  of  the  Cochecho  river,  to  Winnipisseogee  Lake, 
thence  by  Squam  pond  to  Plymouth,  and  from  thence  by  the  vallies  of 
Bakers  river  and  the  Oliverian  valley,  to  Connecticut  River.  Also  from 
Winnipisseogee  Lake,  down  the  valley  of  the  Winnipisseogee  river,  to  the 
Merrimack. 

[House  Journal,  1826,  p.  457.  Senate  Journal,  1826,  p.  88.  Original 
Acts,  vol.  29,  p.  150.] 


1826,  July  5. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  That  the  Inhabitants  of  the  town  of  Brookfield  in  the  County 
of  Strafford,  be,  and  they  hereby  are  authorized  to  send  a  Representative 
to  the  General  Court  of  this  State,  until  the  Legislature  shall  otherwise 
order 

[House  Journal,  1826,  p.  468.  Senate  Journal,  1826,  p.  188.  Original 
Acts,  vol.  29,  p.  150.] 


1826,  July  5. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened.  That  the  Inhabitants  of  the  town  of  Middleton  in  the  County 
of  Strafford  be  and  they  hereby  are  authorized  to  send  a  Representative 
to  the  General  Court  of  this  State,  until  the  Legislature  shall  otherwise 
order 

[House  Journal,  1826,  p.  469.  Senate  Journal,  1826,  p.  187.  Original 
Acts,  vol.  29,  p.  151.] 


LAWS   OF   NEW  HAMPSHIRE  575 

1826,  July  7. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  that  His  Excellency  the  Governor  be  requested  to  take 
into  consideration  the  subject  of  establishing  permanently  the  Southern 
and  Eastern  boundary  lines  of  this  State,  and  that  he  make  such  com- 
munication thereon  to  the  next  Legislature  as  he  may  think  will  best 
promote  the  interest  of  the  State. 

[House  Journal,  1826,  p.  553.  Senate  Journal,  1826,  p.  231.  Original 
Acts,  vol.  29,  p.  151.] 


1826,  July  7. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened  that  the  Inhabitants  of  the  Town  of  Hebron  in  the  County  of 
Grafton  be  and  they  hereby  are  authorized  to  send  a  Representative  to 
the  General  Court  until  the  Legislature  shall  otherwise  order — 

[House  Journal,  1826,  p.  583.  Senate  Journal,  1826,  p.  249.  Original 
Acts,  vol.  29,  p.  152.] 


1826,  July  8. 

Resolved  by  the  Senate  and  house  of  Representatives  in  General  Court 
convened,  That  His  Exelency  The  Governor  be  requested  to  order  the 
Commissioner  who  may  be  appointed  to  Cooperate  with  the.U.  S.  Engineer 
to  survey  a  Canal  route  from  Merrimack  river  in  Salisbury  Through 
Salesbury,  Andover  and  Wilmot,  by  Messers  Pond  in  Newlondon  to  Sun- 
apee  Lake,  and  from  thence  down  the  valley  of  Sugar  river  to  Connecti- 
cut river — 

[House  Journal,  1826,  p.  596.  Senate  Journal,  1826,  p.  163.  Original 
Acts,  vol.  29,  p.  152.] 


1826,  July  8. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  the  sum  of  five  hundred  dollars  be  appropriated  for  the 
purpose  of  carrying  into  effect  a  Resolution  passed  the  present  Session 
relative  to  the  survey  of  Canal  routes  in  this  State,  and  that  His  Excel- 
lency the  Governor  be  authorized  and  empowered  to  draw  said  sum  from 
the  Treasury  and  apply  the  same  or  so  much  thereof  as  may  be  nec- 
essary, to  accomplish  the  object  of  the  Resolution  aforesaid — 

[House  Journal,  1826,  p.  607.  Senate  Journal,  1826,  p.  275.  Original 
Acts,  vol.  29,  p.  153.] 


57^  LAWS   OF   NEW  HAMPSHIRE 

[THIRTY-SIXTH  GENERAL  COURT.] 

[Held  at  Concord,  One  Session,  June  6,  1827,  to  July  y,  1827.] 

[OFFICERS  OF  THE  GOVERNMENT.] 

Benjamin  Pierce,   Governor. 
Richard  Bartlett,   Secretary. 
Dudley  S.  Palmer,  Deputy  Secretary. 
William  Pickering,  Treasurer. 
George  Sullivan,  Attorney  General. 
Matthew  Harvey,   President  of  the  Senate. 
Henry  Hubbard,  Speaker  of  the  House. 

[Members  of  the  Council.] 


Francis  N.  Fisk, 

Concord. 

Andrew  Peirce, 

Dover. 

John  Wallace,  Jr., 

Milford. 

Jotham  Lord,  Jr., 

Westmoreland 

Caleb  Keith, 

Wentworth. 

[Members  of 

the  Senate.] 

John  W.  Parsons, 

Rye. 

William  Plumer,  Jr., 

Epping. 

Thomas  Chandler, 

Bedford. 

Isaac  Hill, 

Concord. 

James  Bartlett, 

Dover. 

William  Prescott, 

Gilmanton. 

Jesse  Bowers, 

Dunstable. 

Matthew  Harvey, 

Hopkinton. 

Asa  Parker, 

JafTrey. 

Jonathan  Nye, 

Claremont. 

James  Minot, 

Bristol. 

John  W.  Weeks, 

Lancaster. 

[Members  of  the  House.] 

rockingham  county. 

Atkinson  and  )  Amos  Sawyer. 

Plaistow,  ) 

Brentwood,  Simeon  Fellows. 

Candia,  John  Lane. 

Chester,  Samuel  Aiken. 

Jesse  I.  Underhill. 


LAWS  OF   NEW  HAMPSHIRE 


577 


Deerfield, 

Dudley  Freese. 

Benning  W.  Sanborn. 

East  Kingston, 

Joseph  Currier. 

Epping, 

Lawrence  Brown. 

Exeter, 

Jeremiah  Dow. 

Oliver  W.  B.  Peabody 

Greenland, 

Stephen  Pickering. 

Hampstead, 

Samuel  Marshall. 

Hampton, 

Joshua  Lane. 

Hampton  Falls, 

Levi  Lane. 

Hawke  and  ) 
Sandown,       ( 

Abraham  S.  French. 

Kensington, 

Jeremiah  Batchelder. 

Londonderry, 

John  H.  Miltimore. 

John  Porter. 

Alanson  Tucker. 

Newington, 

Cyrus  Frink. 

Newmarket, 

Abner  P.  Stinson. 

Newton, 

John  Bartlett. 

North  Hampton, 

Nathaniel  Batchelder. 

Northwood, 

John  Kelly. 

Nottingham, 

Samuel  Dame. 

Poplin, 

Enoch  Brown. 

Portsmouth, 

Langley  Boardman. 

William  Claggett. 

Samuel  E.  Coues. 

Alexander  Ladd. 

Nathaniel  B.  March. 

Raymond, 

Moses  Dudley. 

Rye, 

Simon  Jenness,  Jr. 

Salem, 

John  Clindenin. 

Seabrook, 

John  Lock. 

Stratham, 

Noah  Piper. 

Windham, 

Samuel  Anderson. 

STRAFFORD 

COUNTY. 

Alton, 

Thomas  Flanders. 

Barnstead, 

John  Kent. 

William  Walker,  Jr. 

Barrington, 

William  Hale. 

Brookfield, 

John  C.  Churchill. 

Burton  and   ) 
Chatham,        \ 

David  Allard. 

Center  Harbor, 

Jonathan  S.  Moulton. 

Conway, 

Thomas  S.  Abbot. 

37 


573 


LAWS   OF   NEW  HAMPSHIRE 


Dover, 

Daniel  M.  Christie. 

Samuel  Kimball. 

Eri  Perkins. 

John  Williams. 

Durham, 

Andrew  G.  Smith. 

Eaton, 

Samuel  Atkinson. 

Effingham, 

James  Lord. 

Farmington, 

Jeremiah  Jones. 

Gilford, 

Barnard  Morrill. 

Gilmanton, 

Peter  Clark. 

Benjamin  Emerson. 

Stephen  L.  Greely. 

Lee, 

Edward  B.  Neally. 

Madbury, 

James  Y.  Demeritt. 

Meredith, 

George  L.  Sibley. 

Washington  Smith. 

Milton, 

Hanson  Hayes. 

Moultonborough, 

Benning  M.  Bean. 

New  Durham, 

Reuben  Hayes, 

New  Hampton, 

Nicholas  M.  Taylor 

Ossipee, 

Ezekiel  Wentworth. 

Rochester, 

Joseph  Cross. 

Jonas  C.  March. 

Sanbornton, 

James  Clark. 

Noah  Eastman. 

Samuel  Tilton. 

Sandwich, 

Daniel  Hoit. 

Neal  McGaffey. 

Somersworth, 

Joseph  Doe. 

William  W.  Rollins. 

Tarn  worth, 

Benjamin  Gilman. 

Tuftonborough, 

Joseph  L.  Peavey. 

Wakefield, 

John  Kimball. 

Wolfeborough, 

John  C.  Young. 

MERRIMACK 

COUNTY. 

Allenstown, 

Henry  Dowst. 

Andover, 

Samuel  Brown. 

Boscawen, 

John  Farmer. 

Ezekiel  Webster. 

Bow, 

Jonathan  Cavis. 

Bradford, 

Daniel  Milium 

Canterbury, 

Joseph  M.  Harper. 

Concord, 

Nathan  Ballard. 

Jeremiah  Pecker. 

Dunbarton, 

James  Allison. 

LAWS  OF   NEW  HAMPSHIRE 


579 


Epsom, 

Fishersfield, 

Henniker, 

Hooksett, 

Hopkinton, 

Loudon, 

New  London, 

Northfield, 

Pembroke, 

Pittsfield, 

Salisbury, 

Sutton, 

Warner, 

Wilmot, 


Thomas  D.  Merrill. 
Jonathan  P.  Dodge. 
Robert  M.  Wallace. 
Asa  Sawyer. 
Stephen  Darling. 
Nathaniel  Knowlton. 
Samuel  B.  Dyer. 
Green  French. 
Israel  Cochran. 
Boswell  Stevens. 
John  Jenness. 
Samuel  C.  Bartlett. 
Reuben  Porter. 
Benjamin  Evans. 
Abner  B.  Kelly. 
Josiah  Stearns. 


HILLSBOROUGH   COUNTY. 


Amherst, 

Antrim, 

Bedford, 

Deering, 

Dunstable, 

Francestown, 
Goffstown, 

Greenfield, 
'  Hancock, 
Hillsborough, 
Hollis, 
Litchfield, 
Lyndeborough, 
Manchester, 
Mason, 
Merrimack, 
Milford, 
Mont  Vernon, 
New  Boston, 
New  Ipswich. 
Nottingham  West, 
Pelham, 
Peterborough, 
Sharon. 

Society  Land  and  ) 
Windsor,  ( 


Robert  Reed. 
Samuel  Fletcher. 
Ebenezer  French. 
William  McKeen. 
William  Boardman. 
Eleazer  F.  Ingalls. 
Daniel  Fuller,  Jr. 
Gideon  Flanders. 
David  Steele. 
William  Whittemore. 
Henry  Whitcomb. 
Andrew  Sargent. 
Benjamin  M.  Farley. 
Moses  Chase. 
Joseph  Jones. 
Amos  Weston,  Jr. 
John  Stevens. 
James  B.  Thornton. 
Stephen  Peabody. 
Aaron  F.  Sawyer. 
Samuel  Trull. 
Stephen  Wheeler. 
Caleb  S.  Ford. 
Samuel  M.  Richardson. 
Jonathan  Smifh. 
Jonathan  Farnsworth. 

Joseph  Chapman.  Jr. 


58o 


LAWS   OF   NEW  HAMPSHIRE 


Temple, 

David  Stiles. 

Weare, 

Amos  W.  Bailey. 

Tristram  Eaton. 

Wilton, 

Samuel  Abbot. 

CHESHIRE  COUNTY. 

Acworth, 

Daniel  Robinson. 

Alstead, 

Ezra  Kidder. 

Charlestown, 

Henry  Hubbard. 

Chesterfield, 

Ezekiel  P.  Pierce. 

Claremont, 

Josiah  Richards. 

Austin  Tyler. 

Cornish, 

John  L.  Putnam. 

Croydon, 

Bryant  Brown. 

Dublin, 

Samuel  Adams. 

Fitzwilliam, 

Levi  Chamberlain. 

Gilsum, 

Luther  Whitney. 

Goshen, 

Oliver  Booth. 

Grantham, 

John  Gove,  Jr. 

Hinsdale, 

Abraham  Hinds. 

Jaffrey, 

William  Ainsworth 

Keene, 

Henry  Cooledge. 

James  Wilson,  Jr. 

Langdon, 

Samuel  Egerton. 

Lempster, 

Abner  Chase. 

Marlborough, 

Joseph  Frost. 

Marlow, 

William  Lewis. 

Nelson, 

George  Dodge. 

Newport, 

William  Cheney. 

Plainfield, 

John  Ticknor. 

Richmond, 

Jonathan  Rawson. 

Rindge, 

Amos  Keyes. 

Roxbury, 

Samuel  Griffin. 

Springfield, 

Joseph  Nichols. 

Stoddard, 

Aaron  Matson. 

Sullivan, 

John  Wilson. 

Surry, 

Francis  Holbrook. 

Swanzey, 

Elijah  Belding. 

Troy, 

Daniel  Cutting. 

Unity, 

Tames  A.  Gregg. 

Walpole, 

William  G.  Field. 

Washington, 

Jacob  S.  Gould. 

Wendell, 

John  Young. 

Westmoreland, 

Samuel  Winchester 

Winchester, 

Horace  Chapin. 

LAWS   OF   NEW  HAMPSHIRE 


58l 


GRAFTON  COUNTY. 


Alexandria, 

Bath, 

Bethlehem, 

Bridgewater, 

Bristol, 

Campton, 

Canaan, 

Danbury, 

Dorchester, 

Ellsworth, 

Enfield, 

Grafton, 

Groton, 

Hanover, 

Haverhill, 

Hebron, 

Holderness, 

Landaff, 

Lebanon, 

Lisbon, 

Littleton, 

Lyman, 

Lyme, 

New  Chester, 

Or  ford, 

Pi^rmont, 

Plvmouth, 

Rumney, 

Thornton, 

Warren  and  ) 

Coventry,       \ 

Went  worth. 


Benjamin  Kenniston. 
Moses  P.  Payson. 
Samuel  Burnham. 
Joseph  W.  Pearson. 
Joseph  Moore. 
Moses  Baker. 
James  Wallace. 
Walter  Sherwell. 
Daniel  Johnson. 
Samuel  Newell. 
Robert  Cochran. 
Peter  Sweatt. 
John  Nevins,  Jr. 
Elijah  Miller. 
Daniel  Oliver. 
John  L.  Corliss. 
Stephen  Pillsbury. 
John  Shepard,  Jr. 
Daniel  Clark. 
Timothy  Kenrick. 
Roswell  Sartwell. 
Jonathan  Bolles. 
Nathaniel  Rix. 
Caleb  Emery. 
Nathaniel  Lambert. 
Daniel  Favor. 
John  Rogers. 
Joseph  Sawver. 
Samuel  C.  Webster. 
Samuel  Burns. 
Enoch  Colby,  Jr. 

Enos  Wells. 
Jonathan  Eames. 


coos  COUNTY. 


Adams  and  ) 
Bartlett,       f 
Colebrook, 
Columbia  and    [ 
Errol.  J 

Dalton  and   ) 
Whitefield,     f 


Stephen  Meserve. 


Hezekiah  Parsons. 


Ebenezer  Rix. 


582 


LAWS   OF   NEW  HAMPSHIRE 


Jefferson,  ] 

Shelburne, 

Shelburne  Addition,  j 
Kilkenny,  )■ 

Bretton  Woods  and  j 
Nash  and  Sawyer's 

Location,  J 

Lancaster, 
Northumberland,    ] 
Milan, 
Piercy, 

Randolph  and 
Stratford,  J 

Stewartstown, 
Dixville,  J- 

Millsfield  and 
College  Grant,     J 


Barker  Burbank. 

Richard  Eastman. 
Thomas  Peverly. 

Jeremiah   Eames. 


LAWS   OF   NEW  HAMPSHIRE  583 

[First  Session,  Held  at  Concord,  June  6,  7,  8,  g,  11,  12,  13, 
H,  *5,  l6,  l8>  I9i  20,  21,  22,  23,  25,  26,  27,  28,  2Q,  30,  July  2, 
3,4,5,6,  7,  1827.] 

[CHAPTER  1.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  change  the  name  of  the  Remsen  manufacturing 
Company. 

[Approved  June  20,  1827.  *Acts,  vol.  24,  p.  1.  See  acts  of  June  20,  1826, 
ante,  p.  488;  July  2,  1846,  Session  Laws,  1846,  Private  Acts,  Chap.  4^4,  and 
June  26,  1874,  id.,  1872-76,  p.  385.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened, 

That  the  name  of  the  Remsen  manufacturing  Company,  incor- 
porated the  twentieth  of  June,  eighteen  hundred  and  twenty  six, 
for  the  manufacture  of  cotton,  woollen  and  other  goods  in  the 
town  of  Mason,  be  changed,  and  that  the  said  Company  be  here- 
after called  and  known  by  the  name  of  the  Columbian  manufactur- 
ing Company. 

*  Beginning:  with   the  year    1827,    the  original   acts  were   bound   in    book   form,    as  they   are 
to-day,   instead  of  being  kept  in  manuscript  form  as  had  previously  been   done. 


[CHAPTER  2.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  certain  persons  by  the  name  of  Pemi- 
gewassett  Social  Library  society  in  Peeling. 

[Approved  June  20,  1827.     Acts,  vol.  24,  p.  3.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened, 

That  Thomas  Pinkham,  John  V.  Barron,  Benjamin  Barron, 
Thomas  Vincent  Junior,  John  Gray  Junior,  Benjamin  Fox.  David 
W.  Wells,  Nathan  Fitts,  Samuel  Newell,  their  associates  and  suc- 
cessors be  and  they  are  hereby  made  a  body  politic  and  corporate 
by  the  name  of  the  Pemigewassett  social  Library  Society  in  Peeling, 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution;  and  are  hereby  vested  with  all  the 
powers  and  privileges,  and  subjected  to  all  the  liabilities,  incident 
to  corporations  of  a  similar  nature;  and  may  receive,  purchase  and 


5 §4  LAWS   OF   NEW  HAMPSHIRE 

hold  personal  estate  to  any  amount  not  exceeding  the  sum  of  one 
thousand  dollars,  for  the  purposes  of  said  Society,  and  the  same  may 
sell,  convey  and  dispose  of  at  pleasure. 

Section  2.  And  be  it  further  enacted,  That  Nathan  Fitts,  John 
V.  Barron,  and  Samuel  Newell,  or  either  two  of  them,  may  call  the 
first  meeting  of  said  Society  by  posting  up  a  notification  for  that 
purpose  at  some  public  place  in  said  Peeling,  at  least  fifteen  days 
prior  to  said  meeting,  containing  the  time,  place,  and  design  of 
said  meeting,  at  which,  or  at  any  subsequent  meeting  of  said  society, 
duly  holden,  the  members  may  make  any  by  laws  for  the  regulation 
and  government  of  said  society,  not  repugnant  to  the  laws  of  this 
State,  and  do  and  transact  any  business  necessary  to  carry  into 
effect  the  objects  of  said  association. 


[CHAPTER  3.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Adams  Social  Library  Society. 

[Approved  June  20,  1827.     Acts,  vol.  24,  p.  5.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened, 

That  George  P.  Meserve,  Joshua  Trickey,  Alexander  Lucy, 
Joseph  Trickey  and  George  Johnson,  their  associates  and  succes- 
sors, be,  and  they  are  hereby  made  a  body  politic  and  corporate,  by 
the  name  of  Adams  Social  Library  society,  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion; and  are  hereby  vested  with  all  the  powers  and  privileges,  and 
subjected  to  all  the  liabilities  incident  to  Corporations  of  a  similar 
nature,  and  may  receive,  purchase  and  hold  personal  estate  to  any 
amount  not  exceeding  five  hundred  dollars  for  the  purposes  of  said 
Society,  and  the  same  may  sell,  convey  and  dispose  of  at  pleasure. 

Section  2.  And  be  it  further  enacted,  That  the  said  George  P. 
Meserve,  Joshua  Trickey  and  Alexander  Lucy,  or  any  two  of  them, 
may  call  the  first  meeting  by  posting  up  a  notice  in  some  public 
place  in  said  Adams,  or  by  giving  personal  notice  to  each  member 
aforesaid  of  the  time  and  place  and  design  of  said  meeting  at  least 
ten  days  prior  to  said  meeting,  at  which,  or  at  any  subsequent 
meeting  of  said  Society  duly  holden,  the  members  may  make  any 
by  laws  for  the  regulation  and  government  of  said  Society  not 
repugnant  to  the  laws  of  this  State,  and  transact  any  business  nec- 
essary to  carry  into  effect  the  objects  of  said  association. 


LAWS  OF   NEW  HAMPSHIRE  5^5 

[CHAPTER  4.] 


State  of  I 

New  Hampshire.  \ 


An  Act,  in  addition  to  the  acts,  relating  to  the  office  of 
Coroner. 

[Approved  June  20,  1827.  Acts,  vol.  24,  p.  9.  Session  Laws,  1827,  Chap. 
4.  See  also  acts  of  June  10,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  747; 
June  19,  1817,  id.,  vol.  8,  p.  608;  June  13,  1823,  ante,  p.  179,  and  June  28,  1827, 
post.     Repealed  by  act  of  July  3,  1829,  Laws,  1830  ed.,  p.  541.] 

Be  it  enacted  by  the  Senate  and  house  of  Representatives  in 
General  Court  convened,  That  every  Coroner  within  the  County 
for  which  he  is  commissioned,  after  taking  an  inquest  of  the  violent 
death  occasioned,  or  casual  death  happening,  of  any  stranger,  shall 
bury  the  dead  body  in  a  decent  manner,  and  the  expenses  thereof 
shall  be  paid  to  said  Coroner  out  of  the  Treasury  of  the  County, 
on  his  account  for  such  expences  being  examined,  and  allowed,  by 
the  Justices  of  the  Superior  Court. 


[CHAPTER  5.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  in  addition  to  the  acts  relative  to  the  preservation 
of  fish  in  Merrimack,  river,  and  its  tributary  streams. 

[Approved  June  20,  1827.  Acts,  vol.  24,  p.  11.  Session  Laws,  1827,  Chap. 
5.  Laws.  1830  ed.,  p.  247.  See  also  acts  of  June  20,  181 1,  Laws  of  New 
Hampshire,  vol.  8,  p.  45;  June  23,  1818,  id.,  p.  685;  December  16,  1820,  id.,  p. 
937,  and  July  2,  1823,  mite,  p.  234.  Repealed  by  acts  of  June  28,  1831,  Session 
Laws,  1831.  Chap.  27,  and  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  That  where  any  two  seines 
now  sweep  opposite  each  other,  or  on  the  same  ground  in  Merri- 
mack river,  the  proprietors  of  such  seines  shall  not  be  entitled  to 
fish  more  than  three  days  in  each  week,  beginning  on  Monday 
morning  at  sun  rising  in  each  week,  and  ending  Thursday  morning 
at  sun  rising  in  the  same  week. 

Section  2.  And  be  it  further  enacted,  That  the  second  section  of 
an  act  passed  sixteenth  of  December  eighteen  hundred  twenty, 
be,  and  the  same,  is  hereby  repealed:  Provided  however,  that  noth- 
ing in  this  act  contained,  shall  be  construed  to  affect  any  action,  or 
right  of  action,  to  recover  any  penaltv  heretofore  incurred  under  the 
provisions  of  the  act  herein  above  referred  to. 


5^6  .  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  6.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  incorporate  certain  persons  by  the  name  of  the 
Goffstown  Union  Library. 

[Approved  June  22,  1827.     Acts,  vol.  24,  p.  13.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  David  Barr,  Jonathan 
Aiken,  Moses  Poor,  William  Brown,  and  their  associates  and  suc- 
cessors, be,  and  hereby  are  incorporated  into,  and  made,  a  body 
politic  and  corporate,  by  the  name  and  style  of  the  Goffstown  Union 
Library,  with  continuance  and  succession  forever,  and  may  hold 
personal  property  for  the  use  of  said  association  not  exceeding  one 
thousand  dollars. 

Section  2.  And  be  it  further  enacted,  That  said  proprietors  be 
and  hereby  are  authorized  to  meet  on  the  first  monday  of  January 
annually,  and  then  choose  all  such  officers  and  transact  all  such 
business  as  may  seem  necessary;  and  may  make,  establish  and  con- 
stitute such  by  laws,  rules  and  regulations  for  the  government  of 
said  corporation  as  may  be  deemed  expedient. 

Section  3.  And  be  it  further  enacted,  That  David  Barr  and 
Jonathan  Aiken  be  authorized  and  empowered  to  call  the  first  meet- 
ing of  the  proprietors  by  giving  personal  notice  to  each  member,  or 
by  posting  up  advertisements  at  each  meeting  house  in  Goffstown, 
stating  the  time,  place  and  purpose  of  said  meeting,  at  least  fifteen 
days  prior  to  the  meeting,  at  which  meeting  the  proprietors  are 
hereby  authorized  to  choose  officers  in  the  same  wa^  as  at  their 
annual  meeting. 


[CHAPTER  7.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  incorporate  Bible  Lodge,  number  twenty  seven,  in 
Goffstown. 

[Approved  June  22,  1827.     Acts,  vol.  24,  p.  15.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonathan  Aiken,  Jesse 
Carr,  Charles  F.  Gove  and  their  associates,  and  all  persons  who 
may  hereafter  become  members  of  said  Lodge,  be,  and  they  hereby 
are,  incorporated  and  made,  a  body  corporate  and  politic  forever, 


LAWS   OF   NEW   HAMPSHIRE  5^7 

by  the  name  of  Bible  Lodge,  number  twenty  seven,  in  Goffs- 
town.  And  the  said  body  corporate  is  hereby  empowered  to  hold  and 
possess,  real  and  personal  estate  not  exceeding  one  thousand  dollars, 
and  is  vested  with  all  the  powers,  rights  and  privileges  incident  to 
such  corporations. 

Section  2.  And  be  it  further  enacted,  That  said  Lodge  may  at 
any  of  their  regular  communications,  by  giving  one  month's  notice 
at  a  regular  communication,  elect  such  officers,  and  establish  such 
by  laws,  rules  and  regulations,  as  may  be  deemed  necessary  for  the 
government  of  said  Lodge,  and  for  carrying  into  effect  the  objects 
of  this  act. 


[CHAPTER  8.] 

State  of  \ 

New  Hampshire,  j 

An  Act  to  incorporate  certain  persons  by  the  name  of  Har- 
mony Lodge,  Number  thirty  eight,  in  the  town  of  Hills- 
borough. 

[Approved  June  22,  1827.     Acts,  vol.  24,  p.  19.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  That,  George  Duncan, 
Thomas  Wilson,  John  Lewis,  Joseph  Bickford,  Nathaniel  Wilson, 
William  Sargeant,  Charles  Champney  and  their  associates,  and  all 
persons  who  may  hereafter  become  members  of  said  Lodge,  be  and 
they  hereby  are  incorporated  and  made  a  body  politic  forever,  by 
the  name  of  Harmony  Lodge  Number  thirty  eight  in  the  town  of 
Hillsborough;  and  the  said  body  corporate  is  hereby  empowered, 
to  hold  and  possess,  real  and  personal  estate  not  exceeding  in  value 
the  sum  of  five  hundred  dollars,  and  is  vested  with  all  the  powers, 
rights  and  privileges  incident  to  Corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  George  Duncan, 
Thomas  Wilson  and  John  Lewis,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  Lodge  by  posting  up  a  notice  of  the  time  and 
place  of  said  meeting,  in  two  or  more  public  places  in  said  town  of 
Hillsborough,  fourteen  days  previous  thereto;  and  at  said  meeting, 
or  any  subsequent  meeting,  the  members  of  said  Lodge  may  choose 
a  Secretary,  and  elect  such  other  officers,  and  establish  such  by  laws, 
rules  and  regulations  as  may  be  deemed  necessary  for  the  govern- 
ment of  said  Lodge  and  the  carrying  into  effect  the  objects  thereof; 
provided  said  by  laws,  rules  and  regulations  be  not  repugnant  to 
the  constitution  and  laws  of  this  State. 


5 88  LAWS  OF   NEW   HAMPSHIRE 

[CHAPTER  9.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  Benjamin  Abbot  and  others  by  the 
name  of  the  exeter  mill  and  water  power  company. 

[Approved  June  22,  1827.  Acts,  vol.  24,  p.  21.  This  corporation  was 
merged  in  the  Exeter  Manufacturing  Company,  June  25,  1861,  Session  Laws, 
1861,  Private  Acts,  Chap.  2543.  See  act  of  incorporation  of  the  latter,  June 
26,  1827,  post.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  Convened,  that  Benjamin  Abbot,  John 
Taylor  Gilman,  Nathaniel  Gilman,  John  Rogers,  William  Perry, 
George  Gardner  and  their  associates  and  successors,  be,  and  they 
are  hereby  incorporated  and  made  a  body  politic,  by  the  name  of 
the  Exeter  mill  and  Water  power  company;  by  which  name  they 
may  sue  and  be  sued,  prosecute  and  defend  to  final  Judgment  and 
execution,  and  shall  be,  and  are  hereby  vested  with  all  the  powers 
of  similar  corporations,  and  may  have  a  common  seal,  which  they 
may  at  pleasure  break,  alter  or  renew. 

Section  2.  And  be  it  further  enacted,  That  the  said  corpora- 
tion shall  have  power  and  authority  to  carry  on  the  making  and 
fabricating  of  woollen  Goods  in  the  town  of  Exeter,  and  to  erect, 
purchase,  and  use  such  saw  mills,  grist  mills,  carding  machines, 
fulling  mills  and  dye  houses,  as  they  may  deem  expedient  or  ad- 
vantageous, together  with  such  other  branches  of  trade  and  business 
as  may  be  necessarily  or  conveniently  connected  therewith. 

And  the  said  Corporation  shall  also  have  power  to  acquire,  by 
purchase  or  otherwise,  such  real  and  personal  estate  as  may  be  nec- 
essary or  convenient  for  carrying  on  said  branches  of  business; 
provided  such  estate  shall  not  exceed  in  value  one  hundred  thousand 
dollars,  and  the  same  may  dispose  of  and  sell  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  the  capital  of  said 
corporation  may  be  divided  into  as  many  shares  as  the  proprietors 
at  any  legal  meeting  shall  determine,  which  shall  be  numbered  in 
progressive  order  beginning  at,  one;  and  each  proprietor  shall  have 
a  certificate  under  the  hand  of  the  Treasurer,  and  seal  of  said  cor- 
poration expressing  the  number  of  shares,  the  progressive  numbers 
thereof,  and  certifying  that  he  is  the  owner  thereof,  which  shares 
may  be  alienated  in  such  manner  as  said  corporation  may  prescribe. 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
corporation,  shall  be  liable  for  all  assessments  thereon  legally  made; 
and  upon  the  nonpayment  of  all  or  any  part  of  the  same  for  thirty 
days  after  the  same  shall  have  become  payable,  the  Treasurer  may 
advertise  and  sell  at  public  auction  such  delinquent's  shares,  or  so 


LAWS  OF   NEW  HAMPSHIRE  589 

many  of  them  as  may  be  necessary  to  pay  the  sums  due  with  inci- 
dental charges;  in  such  manner  as  the  by  laws  of  the  said  corpora- 
tion may  ordain;  provided  no  assessments  be  made  on  one  share 
beyond  the  sum  of  one  hundred  dollars. 

Section  5.  And  be  it  further  enacted,  That  John  Rogers  and 
George  Gardner  may  call  the  first  meeting  of  said  corporation  at 
said  Exeter,  by  advertising  the  same  in  some  newspaper  printed 
in  Exeter  or  Portsmouth,  two  weeks  previous  to  said  meeting, 
and  the  members  of  said  corporation,  at  that,  or  any  legal  meeting, 
by  a  vote  of  the  majority  of  those  present  or  represented,  allowing 
one  vote  for  each  share,  may  choose  such  officers  and  servants 
as  they  may  deem  necessary,  prescribe  their  duties,  order  assess- 
ments and  fix  the  time  of  their  payment,  pass  by  laws,  not  repug- 
nant to  the  Constitution  and  laws  of  the  State,  for  their  due  regu- 
lation and  Government,  prescribe  rules  for  the  transfer  of  their 
stock,  agree  on  the  manner  of  calling  future  meetings;  and  until 
such  method  shall  be  determined,  any  future  meeting  of  said  cor- 
poration may  be  called  in  the  same  way  and  manner  as  is  herein 
prescribed  for  calling  the  first  meeting,  at  which  they  may  transact 
such  other  business  of  the  corporation  as  they  may  deem  necessary. 


[CHAPTER  10.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  an  Episcopal  Society  in  Hopkinton, 

BY  THE  NAME  OF  St.  ANDREW'S  CHURCH. 
[Approved  June  22,  1827.     Acts,  vol.  24,  p.  27.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Baruch  Chase,  John 
Harris,  John  O.  Ballard,  Charles  Chase,  Bodwell  Emerson,  Daniel 
Chase,  Nathaniel  Knowlton  and  their  associates  and  Successors, 
be,  and  they  are  hereby  incorporated,  by  the  name  of  St.  Andrew's 
Church,  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend,  to  final  judgment  and  execution;  And  for  the  sole  purpose 
of  supporting  religious  worship  and  moral  instruction,  may  hold 
real  and  personal  estate  the  annual  income  of  which,  not  exceeding 
one  thousand  dollars. 

Section  2.  And  be  it  further  enacted,  That  Baruch  Chase,  John 
Harris  and  John  O.  Ballard,  or  any  two  of  them,  may  call  the  first 
meeting  of  said  Corporation  by  posting  up  a  notification  in  writing 
stating  the  time,  place,  and  object  thereof,  at  the  town  house  in 
Hopkinton,  ten  days  before  the  time  of  holding  the  same;  at  which 
meeting,  or  at  any  subsequent  meeting,  the  members  of  said  Cor- 


59°,  LAWS  OF   NEW  HAMPSHIRE 

poration  may  choose  officers,  make  by  laws  suitable  for  their  regu- 
lation and  government,  not  being  repugnant  to  the  laws  of  the 
State,  and  agree  on  the  time  for  holding  future  meetings,  and  the 
manner  of  calling  the  same. 


[CHAPTER  11.] 

State  of  \ 

New  Hampshire.  \ 

An   Act   to  incorporate   the   proprietors   of   the   Acworth 
Union  Library. 

[Approved  June  22,  1827.     Acts,  vol.  24,  p.  29.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Nathaniel  Grout,  David 
Blanchard,  Jesse  Slader,  their  Associates  and  Successors,  be,  and 
they  hereby  are  incorporated  and  made  a  body  politic,  by  the  name 
of  The  Proprietors  of  the  Acworth  Union  Library;  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend,  and  be  known 
and  distinguished  in  all  cases  whatever;  and  they  hereby  are  vested 
with  all  the  powers  and  privileges  incident  to  corporations  of  a 
similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  Proprietors 
are  hereby  authorized  and  empowered  to  establish  a  Library,  con- 
sisting of  such  books  and  literary  works  as  they  may  deem  proper, 
and  to  maintain,  use,  and  forever  continue  the  same  in  the  town 
of  Acworth  and  County  of  Cheshire;  and  for  that  purpose  to  ac- 
quire and  receive,  by  gift,  grant,  subscription,  or  otherwise,  moneys 
and  other  property,  not  exceeding  in  value  at  any  one  time,  the  sum 
of  one  thousand  dollars;  and  the  same  to  sell,  convey  and  dispose 
of  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  either  two  of  the 
persons  above  named  may  call  the  first  meeting  of  said  Proprietors, 
at  any  suitable  time  and  place,  by  giving  at  least  three  days  per- 
sonal notice,  or  by  posting  a  notification  for  that  purpose  at  the 
meeting-house  in  said  Acworth,  at  least  eight  days  prior  thereto; 
at  which,  or  at  any  subsequent  meeting  duly  holden,  the  said  Pro- 
prietors may  agree  on  the  manner  of  calling  their  annual  and  other 
meetings;  may  elect  such  officers  as  they  may  deem  necessary,  may 
receive  subscriptions  for  shares,  and  determine  the  manner  of  trans- 
ferring shares;  may  order  assessments  thereon,  and  fix  the  time  of 
payment;  may  establish  bv  laws  for  their  regulation  and  govern- 
ment not  repugnant  to  the  laws  of  the  State;  and  may  do  and  trans- 
act anv  business  necessary  to  carrv  into  effect  the  objects  of  their 
association.     All  questions  shall  be  determined  by  a  majority  of 


LAWS   OF   NEW  HAMPSHIRE  59  * 

votes  present  or  represented  at  any  meeting,  accounting  one  vote 
to  each  share,  except  the  raising  of  money,  which  shall  require  at 
least  three  fourths  of  the  whole  number  of  votes  present,  and  shall 
always  be  done  at  an  annual  meeting  and  at  no  other  time.  Absent 
members  may  vote  by  proxy,  being  authorized  in  writing  signed  by 
the  person  represented,  and  filed  with  the  Clerk. 

Section  4.  And  be  it  further  enacted,  That  the  share  or  shares 
in  said  library  shall  be  liable  and  holden  for  all  assessments  duly 
made  thereon;  and  upon  the  non  payment  thereof,  within  the  time 
fixed  for  their  payment,  the  said  share  or  shares  may  be  sold  at 
public  auction,  or  so  many  of  them  as  may  be  necessary  to  pay  such 
assessments,  with  incidental  charges,  under  such  regulations  as  said 
Proprietors  may  by  their  by  laws  have  prescribed. 


[CHAPTER  12.] 


State  of  } 

New  Hampshire.  \ 


An  act  to  regulate  the  perambulation  of  the  lines  between 

TOWNS. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  33.  Session  Laws,  1827,  Chap. 
12.  Laws,  1830  ed.,  p.  444.  See  act  of  February  8,  1791,  Laws  of  New 
Hampshire,  vol.  5,  p.  587,  and  resolution  of  June  15,  1808,  id.,  vol.  7,  p.  680. 
This  act  repeals  acts  of  December  16,  1796,  id.,  vol.  6,  p.  378,  and  December 
23,  1820,  id.,  vol.  8,  p.  1000.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives in  General  Court  convened,  That  the  lines  between  the 
towns  in  this  State  shall  be  perambulated,  and  the  marks  and 
bounds  renewed  once  in  every  seven  years  forever,  by  the  Select- 
men of  each  town,  or  by  such  person  or  persons  as  they  .shall  in 
writing  appoint  for  that  purpose;  and  their  proceedings  shall  be 
recorded  in  the  respective  town  books;  and  the  Selectmen  of  that 
town  which  has  been  longest  organized  or  incorporated,  shall  give 
notice  in  writing  unto  the  Selectmen  of  the  towns  adjoining,  which 
have  not  been  so  long  organized  or  incorporated,  of  the  time  and 
place  of  meeting  for  such  perambulation,  ten  days  before  the  day 
of  meeting;  and  where  two  towns  were  incorporated  on  the  same 
day,  that  which  is  the  highest  in  the  proportion  of  public  taxes, 
shall  be  considered  as  the  senior  town;  and  if  the  Selectmen,  whose 
duty  it  is  to  give  such  notice,  shall  neglect  to  notify  in  the  manner 
and  season  by  this  act  required,  they  shall  forfeit  the  sum  of 
twenty  dollars  to  be  recovered  by  the  Selectmen  of  any  junior  town 
adjoining  who  are  entitled  to  such  notice,  by  action  of  debt  in  any 
court  competent  to  try  the  same,  one  half  to  the  use  of  the  Select- 


592  LAWS   OF   NEW   HAMPSHIRE 

men  who  sue  for  the  same,  and  the  other  half  to  the  use  of  the 
town,  to  which  the  Selectmen  suing  for  the  same,  belong,  to  be 
commenced  in  one  year  after  such  forfeiture  shall  have  been  in- 
curred and  not  afterwards.  And  in  case  the  Selectmen,  whose  duty 
if  is,  shall  give  such  notice  as  by  law  they  ought  to  give,  but  shall 
neglect  to  attend  at  the  time  and  place,  agreeably  to  the  notifi- 
cation, they  shall  for  every  such  neglect,  forfeit  the  sum  of  twenty 
dollars  to  be  recovered  and  disposed  of  in  the  same  manner  as  the 
forfeiture  above  mentioned,  and  shall  be  prosecuted  in  the  time 
therein  limited  and  not  afterwards.  And  in  case  the  Selectmen  of 
the  junior  town,  after  being  duly  notified  to  attend  such  peram- 
bulation, shall  neglect  to  attend  agreeably  to  such  notification,  they 
shall  forfeit  the  sum  of  twenty  dollars  to  be  recovered  by  the 
Selectmen  of  the  senior  town  so  notifying  in  any  court  proper  to 
try  the  same,  and  to  be  appropriated  one  half  to  the  Selectmen 
sueing  for  the  same,  and  the  other  half  to  the  use  of  the  senior 
town;  Provided,  the  action  be  commenced  within  one  year  after 
the  forfeiture  is  incurred  and  not  afterwards.  And  in  default  of 
such  prosecution,  in  either  of  the  cases  aforesaid,  within  the  time 
limited  as  aforesaid,  any  of  the  said  forfeitures  may  be  recovered 
by  indictment,  in  the  Superior  Court  of  Judicature  for  the  use  of 
the  County,  if  found  within  two  years  next  after  the  forfeiture 
shall  have  been  incurred. 

Section  2.  And  be  it  further  enacted,  That  the  provisions  of 
this  act  shall  extend  to  all  unincorporated  places  which  are  vested 
with  all  the  powers  which  towns  in  this  State  by  law  have,  so  far 
as  relates  to  the  choice  of  assessors,  selectmen,  and  collectors,  and 
such  unincorporated  places  shall  be  considered  to  all  intents  and 
purposes  as  the  junior  towns,  and  the  Selectmen  thereof  shall  be 
entitled  to  notice  accordingly.  And  the  Selectmen  shall  have  the 
same  powers,  and  be  liable  to  the  same  penalties,  for  all  the  pur- 
poses before  mentioned,  as  the  Selectmen  of  towns. 

Section.  3.  And  be  it  further  enacted,  That  when  the  Selectmen 
of  different  towns  in  perambulating  the  lines  of  their  several  towns, 
disagree  in  renewing  and  establishing  the  boundaries  and  lines  of 
such  towns,  the  Court  of  Common  Pleas  for  the  County  in  which 
such  towns  are  situated,  are  authorized,  on  petition  to  them  for 
that  purpose,  to  settle  and  establish  such  disputed  line,  and  renew 
the  bounds  and  marks  of  the  same.  And  the  said  court  shall  cause 
the  towns  interested  to  be  notified  of  any  application  to  them  for 
this  purpose,  before  any  further  proceedings  be  had,  upon  which 
they  may  proceed  to  examine  said  disputed  lines,  either  by  them- 
selves, or  by  a  committee  by  them  appointed,  and  the  judgment  of 
the  said  Court  shall  be  recorded  at  large,  and  shall  be  of  the  same 
force  and  effect  as  would  have  been  an  agreement  of  the  Selectmen 
of  said  towns. 


LAWS  OF  NEW  HAMPSHIRE  593 

Section  4.  And  be  it  further  enacted,  That  when  said  disputed 
lines  are  between  towns  in  different  Counties,  application  shall  be 
made  to  the  Court  in  the  County  in  which  the  senior  town  is  sit- 
uated. And  in  all  cases  said  Court  may  order  either  or  both  towns, 
to  pay  the  costs  of  the  application,  examination,  and  judgment  as, 
they  may  deem  just. 

Section  5.  And  be  it  further  enacted,  That  an  act  entitled,  "an 
act  in  addition  to  an  act  for  regulating  towns  and  the  choice  of 
town  officers  passed  February  8.  1791"  made  and  passed  on  the 
sixteenth  day  of  December  1796,  and  an  act  entitled  "an  act  in 
addition  to  an  act  entitled  an  act  for  regulating  towns  and  the 
choice  of  town  officers"  passed  on  the  twenty  third  day  of  Decem- 
ber, 1820,  be,  and  they  hereby  are  repealed.  Provided  however, 
that  all  things  which  may  have  been  done  under  the  acts  hereby 
repealed,  shall  be,  and  remain  in  the  same  force,  and  all  proceed- 
ings under  the  same  acts  which  may  at  the  time  of  the  passing  of 
this  act  have  been  begun,  but  have  not  been  completed,  shall  and 
may  be  carried  on  and  completed  in  the  same  manner  as  if  this 
act  has  not  been  passed. 


[CHAPTER  13.] 

State  of         1 
New  Hampshire.  \ 

An  Act  to  incorporate  Nathaniel  Gilman  and  others  by  the 
name  of  the  exeter  manufacturing  company. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  37.  See  acts  of  December  22, 
1808,  Laws  of  New  Hampshire,  vol.  7,  p.  750;  July  11,  1876,  Session  Laws, 
1872-76,  p.  642,  and  August  17,  1887,  id.,  1883-87,  p.  594.  This  corporation 
absorbed  the  Exeter  Mill  and  Water  Power  Company  by  act  of  June  25, 
1861,  id.,  1861,  Private  Acts,  Chap.  2543.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Nathaniel  Gilman,  John 
Taylor  Gilman,  Bradbury  Cilley,  Stephen  Hanson,  John  Rogers, 
Nathaniel  Gilman  3d,  and  Paine  Wingate,  and  their  associates  and 
successors,  be,  and  they  are  hereby  incorporated  and  made  a  body 
politic  and  corporate,  by  the  name  of  the  Exeter  Manufacturing 
Company,  by  which  name  they  may  sue  and  be  sued,  prosecute 
and  defend  to  final  judgment  and  execution,  and  shall  be,  and 
hereby  are,  vested  with  all  the  powers  of  similar  corporations, 
and  may  have  a  common  seal  which  they  may  at  pleasure  break, 
alter  or  renew. 

Section  2.  And  be  it  further  enacted,  That  said  corporation  is 
hereby  authorised,  to  carry  on  the  making  and  manufacturing  of 

38 


594  LAWS  OF   NEW  HAMPSHIRE 

Cotton  goods  and  such  other  manufactures  as  they  may  from  time 
to  time  think  fit,  in  Exeter  in  the  County  of  Rockingham,  and  may 
carry  on  such  branches  of  trade  and  bunisess  as  may  be  necessarily 
connected  therewith,  and  may  erect  such  dams,  mills  and  other 
works  as  may  be  necessary  to  carry  on  such  branches  of  manu- 
facture and  business. 

And  the  said  Corporation  shall  also  have  power  to  acquire  by 
purchase  or  otherwise,  such  real  and  personal  estate  as  may  be 
necessary  or  convenient  for  carrying  on  said  branches  of  business: 
provided  such  estate  shall  not  exceed  in  value  five  hundred  thou- 
sand dollars,  and  the  same  may  dispose  of  and  sell  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  corporation  may  be  divided  into  as  many  shares  as  the  pro- 
prietors at  any  legal  meeting  shall  determine,  which  shall  be  num- 
bered in  progressive  order,  beginning  at  one:  And  each  proprietor 
shall  have  a  certificate  under  the  hand  of  the  Treasurer  and  seal 
of  said  corporation,  expressing  the  number  of  shares,  the  progres- 
sive numbers  thereof,  and  certifying  that  he  is  the  owner  thereof, 
which  shares  may  be  alienated  in  such  manner  as  said  corporation 
may  prescribe. 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
corporation,  shall  be  liable  for  all  assessments  thereon  legally  made: 
and  upon  the  non  payment  of  all  or  any  part  of  the  same  for  thirty 
days  after  the  same  shall  have  become  payable,  the  Treasurer  may 
advertise  and  sell  at  public  auction  such  delinquents'  shares,  or  so 
many  of  them  as  may  be  necessary  to  pay  the  sums  due  with  inci- 
dental charges,  in  such  manner  as  the  by-laws  of  the  said  corpora- 
tion may  ordain. 

Section  5.  And  be  it  further  enacted  That  Nathaniel  Gilman, 
John  Rogers  and  Nathaniel  Gilman  3d,  or  any  two  of  them,  may  call 
the  first  meeting  of  said  corporation  at  said  Exeter,  by  advertising 
the  same  in  some  newspaper  printed  in  Exeter  or  Portsmouth,  two 
weeks  previous  to  said  meeting:  and  the  members  of  said  corpora- 
tion, at  that,  or  any  legal  meeting,  by  a  vote  of  the  majority  of  those 
present  or  represented,  allowing  one  vote  for  each  share,  may  choose 
such  officers  and  servants  as  they  may  deem  necessary,  prescribe 
their  duties,  order  assessments  and  fix  the  time  of  their  payment,  pass 
by-laws  not  repugnant  to  the  Constitution  and  laws  of  the  State 
for  their  due  regulation  and  government,  prescribe  rules  for  the 
transfer  of  their  stock,  agree  on  the  manner  of  calling  future  meet- 
ings: and  until  such  manner  shall  be  agreed  upon,  any  future  meet- 
ing may  be  called  in  the  manner  herein  prescribed  for  calling  the 
first  meeting,  at  which  they  may  transact  such  other  business  of  the 
corporation  as  they  may  deem  necessary. 


LAWS  OF   NEW   HAMPSHIRE  595 

[CHAPTER  14.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  more  effectually  to  secure  to  the  citizens  of  this 
State  their  rights  of  suffrage. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  41.  Session  Laws,  1827,  Chap. 
14.  Laws,  1830  ed.,  p.  446.  See  acts  of  December  21,  1808,  Laws  of  New 
Hampshire,  vol.  7,  p.  737;  June  28,  1809,  id.,  p.  841;  June  23,  1815,  id.,  vol.  8, 
p.  416;  July  1,  1825,  ante,  p.  443;  July  2,  1831,  Session  Laws,  1831,  Chap.  42, 
and  July  4,  1838,  id.,  1838,  Chap.  384.  This  act  repeals  acts  of  June  14,  1799, 
Laws  of  New  Hampshire,  vol.  6,  p.  568;  June  23,  1813,  id.,  vol.  8,  p.  247,  and 
June  24,  1814,  id.,  p.  358.  Repealed  by  act  of  December  23,  1842.  See  Re- 
vised Statutes  (1842)  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  every  male  inhabitant 
of  each  town  in  this  State,  and  of  each  un-incorporated  place  whose 
inhabitants  may  be  required  to  assess  taxes  upon  themselves  for  the 
support  of  government,  being  a  native  or  naturalized  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years  and  upwards,  ex- 
cepting paupers  and  persons  excued  from  paying  taxes  at  their  own 
request,  shall  have  a  right  at  the  annual  and  other  meetings  of  the 
inhabitants  of  said  towns  and  places,  to  vote  in  the  town  or  place 
in  which  he  dwells  and  has  his  home. 

Section  2.  And  be  it  further  enacted,  That  the  Selectmen  of  the 
several  towns  and  places  aforesaid,  shall  lodge  with  the  clerk  of  the 
town  or  place,  and  shall  cause  to  be  posted  up  in  some  public  place 
or  places  in  such  towns  or  places  respectively,  fifteen  days  prior  to 
any  meeting  for  the  choice  of  State  and  County  officers,  repre- 
sentatives in  the  Congress  of  the  United  States,  or  electors  of 
President  and  Vice  President  of  the  United  States,  an  alphabetical 
list  of  all  the  legal  voters  in  such  town  or  place;  and  it  shall  be  the 
duty  of  the  Selectmen  to  place  on  said  list  the  name  of  any  legal 
voter  which  may  have  been  omitted  on  receiving  satisfactory  evi- 
dence thereof;  and  at  every  town  meeting  for  the  purposes  afore- 
said, the  town  clerk  shall  check  on  said  list  the  name  of  each 
voter;  and  in  case  any  person  shall  offer  to  vote  whose  name  is  not 
on  said  list,  the  moderator  in  presence  of  the  Selectmen,  whose 
duty  it  shall  be  to  attend,  shall  decide  whether  such  person  be  a 
legal  voter;  and  if  it  be  decided  that  such  person  is  entitled  to  vote 
at  said  meeting,  his  name  shall  be  entered  on  said  list  and  checked 
in  manner  aforesaid;  and  the  Selectmen  and  Town  clerk  shall  assist 
in  sorting  and  counting  the  ballots,  but  no  other  person  shall  in  any 
wise  interfere  therewith:  And  it  shall  be  the  duty  of  the  moderator 
to  cause  the  avenues,  to  and  from  the  place  of  voting,  to  be  kept 
clear,  so  that  the  legal  voters  may  have  free  access  thereto,  and 
pass  without  interruption. 


50  LAWS  OF  NEW  HAMPSHIRE 

Section  3.  And  be  it  further  enacted,  That  the  Selectmen  of  the 
several  towns  and  places  shall  provide,  at  the  expense  of  such 
towns  and  places,  a  suitable  box  or  boxes  to  receive  the  ballots  of 
the  legal  voters,  on  which  ballots  shall  be  written  or  printed  the 
name  or  names  of  the  person  or  persons  voted  for;  and  the  ballots 
shall  be  given  in,  in  the  manner  following,  that  is  to  say;  each 
voter  shall  deliver  his  ballot  to  the  moderator  in  open  meeting,  and 
the  moderator  on  receiving  the  ballot  shall  direct  the  town  clerk  to 
check  the  name  of  the  voter  on  the  list  to  be  provided  as  aforesaid, 
and  the  moderator  shall  without  inspecting  the  name  or  names  of 
the  person  or  persons  voted  for,  examine  the  ballot  so  far  as  to 
determine  whether  the  same  contains  more  than  one  ticket;  and  if 
it  do  not,  he  shall  place  it  in  the  ballotting  box;  but  if  it  does  con- 
tain more  than  one  ticket,  the  moderator  shall  make  it  manifest  to 
the  meeting  and  reject  the  same. 

Section  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  moderator  of  any  meeting  holden  for  the  purposes  aforesaid, 
to  declare  in  open  meeting  at  the  close  of  the  poll  the  state  of  the 
vote  or  votes,  and  no  ballot  shall  be  received  and  counted  after  the 
state  of  the  votes  shall  have  been  declared  as  aforesaid. 

Section  5.  And  be  it  further  enacted,  That  during  the  day  on 
which  any  meeting  shall  be  holden  for  the  purposes  aforesaid,  no 
inhabitant  of  any  town  or  place  who  is  entitled  to  vote  therein,  shall 
be  liable  to  arrest  on  any  civil  process  whatever. 

Section  6.  And  be  it  further  enacted,  That  if  any  person  or 
persons,  in  any  town  in  this  State  shall  directly  or  indirectly  give 
spirituous  liquors  to  the  voters  of  any  such  town,  on  the  day  of 
election,  or  at  any  prior  or  subsequent  period,  and  it  shall  be  made 
to  appear  that  the  same  was  done  with  a  view  to  influence  the 
election,  or  as  a  treat  for  their  suffrages,  or  the  honors  bestowed 
on  any  candidate  in  the  election,  such  person  or  persons  shall 
forfeit  the  sum  of  forty  dollars,  to  be  recovered  on  indictment  to 
the  use  of  the  County  in  which  the  offence  may  be  committed. 

Section  7.  And  be  it  further  enacted,  That  in  ballotting,  at  any 
meeting  of  any  town  or  place  for  State  and  County  officers,  the 
moderator  shall  call  for  the  ballots  for  Governor,  Counsellor,  Sen- 
ator, County  Treasurer  and  Register  of  Deeds,  or  so  many  of  said 
officers  as  it  may  be  necessary  to  vote  for  at  said  meeting,  to  be 
given  in  on  the  same  ticket  with  the  respective  offices  designated 
against  the  name  of  the  person  voted  for;  and  the  same  mode  shall 
be  observed  in  voting  for  representatives  in  the  Congress  of  the 
United  States,  and  electors  of  President  and  Vice  President  of  the 
United  States,  as  is  by  this  act  provided  in  voting  for  State  and 
County  officers.  Provided  however,  that  the  votes  for  electors  of 
President  and  Vice  President  shall  be  brought  in  on  one  ticket, 
and  those  for  Representatives,  on  another.     Provided  further,  that 


LAWS   OF  NEW  HAMPSHIRE  597 

in  voting  for  the  aforesaid  officers  no  person  shall  be  obliged  to 
vote  for  every  officer  to  be  elected. 

Section  8.  And  be  it  further  enacted,  That  if  any  person,  at  any 
meeting  of  any  town  or  place  in  this  State,  holden  for  the  choice 
of  any  State  or  County  officers,  representatives  of  towns  in  the 
General  Court,  representatives  in  the  Congress  of  the  United  States, 
or  electors  of  President  and  Vice  President  of  the  United  States, 
or  any  other  officer  or  officers  usually  chosen  by  ballot,  shall  give  in 
more  than  one  vote  or  list  for  any  officer,  or  list  of  officers  then 
voted  for  at  such  meeting,  he  shall  for  each  offence  forfeit  the  sum 
of  thirty  dollars,  to  be  recovered  by  action  of  debt,  one  half  to  the 
use  of  the  town  or  place  where  the  offence  may  be  committed,  and 
the  other  half  to  the  use  of  the  person  who  may  sue  for  the  same. 

Section  9.  And  be  it  further  enacted,  That  if  any  moderator, 
selectman  or  selectmen,  whose  business  it  is  to  preside  at  any  such 
meeting  within  this  State,  shall  knowingly  and  fraudulently  receive 
and  count  any  such  vote  so  illegally  and  fraudulently  put  in  by  any 
person  for  the  choice  of  any  town,  county,  state  or  other  officer  or 
officers,  usually  chosen  by  ballot,  or  shall  fraudulently  embezzle 
from,  or  add  any  vote  to  the  number  of  votes  legally  given  in  such 
meeting  for  the  choice  of  any  officer  usually  chosen  by  ballot,  he 
shall  forfeit  the  sum  of  forty  dollars  for  each  and  every  vote  so 
received  and  counted,  embezzled,  or  added,  to  be  recovered  by  an 
action  of  debt,  one  half  to  the  use  of  the  town  or  place  where  the 
offence  may  be  committed,  and  the  other  half  to  the  use  of  the 
person  who  may  sue  for  the  same. 

Section  10.  i\nd  be  it  further  enacted,  That  if  any  moderator, 
selectman  or  selectmen,  presiding  at  any  meeting  of  any  town  or 
place  in  this  State,  for  the  choice  of  any  officer  or  officers  usually 
chosen  by  ballot,  shall  receive  and  count  any  vote  given  at  said 
meeting  by  proxy,  and  without  the  personal  delivery  of  such  vote 
by  the  person  entitled  to  give  the  same,  he  or  they  shall  forfeit  the 
sum  of  twenty  dollars  for  each  and  every  vote  so  received  and 
counted,  to  be  recovered  by  action  of  debt,  one  half  to  the  use  of 
the  town  or  place  where  the  offence  may  be  committed,  and  the 
other  half  to  the  use  of  the  person  who  may  sue  for  the  same. 

Section  n.  And  be  it  further  enacted,  That  if  any  person  shall 
give  any  false  answer  or  false  name  to  the  officer  presiding  at  such 
meeting  while  receiving  evidence  of  the  qualifications  of  any  per- 
son, to  vote  at  such  meeting,  he  shall  forfeit  the  sum  of  ten  dollars 
for  each  and  every  offence,  to  be  recovered  by  action  of  debt,  one 
half  to  the  use  of  the  town  or  place  where  the  offence  may  be  com- 
mitted, and  the  other  half  to  the  use  of  the  person  who  may  sue 
for  the  same. 

Section  12.  And  be  it  further  enacted,  That  the  selectmen  of 
any  town  or  place  in  this  State  who  shall  neglect  or  refuse  to  make, 


59§  LAWS   OF  NEW  HAMPSHIRE 

post  up  and  lodge  with  the  clerk  of  such  town  or  place,  a  list  of  the 
legal  voters  in  said  town  or  place  agreeably  to  the  provisions  of  this 
act,  shall  forfeit  the  sum  of  fifty  dollars  for  each  and  every  offence, 
to  be  recovered  by  an  action  of  debt,  one  half  to  the  use  of  the  town 
or  place  where  the  offence  may  be  committed,  and  the  other  half  to 
the  use  of  the  person  who  may  sue  for  the  same. 

Section  13.  And  be  it  further  enacted,  That  if  the  selectmen  of 
any  town  or  place  shall  at  any  time  after  the  posting  up  of  the  list 
of  voters  in  such- town  or  place  as  is  in  this  act  directed,  and  before 
the  meeting  for  the  choice  of  the  officers  aforesaid,  on  application 
for  that  purpose,  and  on  receiving  satisfactory  evidence  that  any 
person  whose  name  is  on  said  list  is  not  duly  qualified  to  vote  for 
said  officers,  refuse  to  strike  and  erase  from  said  list  the  name  of 
any  such  person,  or  if  such  selectmen  shall  refuse  to  hear  and 
examine  any  evidence  that  may  be  offered  or  produced  before  them, 
within  the  time  aforesaid,  for  the  purpose  of  proving  the  want  of 
qualifications  in  any  person  whose  name  may  be  placed  upon  said 
list  as  aforesaid,  they  shall  for  each  and  every  such  offence,  for- 
feit the  sum  of  twenty  dollars,  to  be  recovered  by  an  action  of 
debt,  one  half  to  the  use  of  the  town  or  place  where  the  offence 
may  be  committed  and  the  other  half  to  the  use  of  the  person  who 
may  sue  for  the  same. 

Section  14.  And  be  it  further  enacted,  That  if  the  moderator  of 
any  meeting  of  any  town  or  place,  for  the  purposes  aforesaid,  shall 
fraudulently  receive  and  count  any  vote,  or  ballot  given  in  by  any 
person,  knowing  such  person  not  to  be  a  legal  voter  in  such  town  or 
place  at  the  time;  or  if  the  moderator  of  such  meeting  shall  fraud- 
ulently reject  or  refuse  to  receive  and  count  the  ballot  given  in  by 
any  person,  knowing  such  person  to  be  legally  qualified  to  vote  in 
such  meeting,  he  shall  for  each  and  every  such  offence  forfeit  the  sum 
of  forty  dollars  to  be  recovered  by  an  action  of  debt,  one  half  to  the 
use  of  the  town  or  place  where  the  offence  may  be  committed,  and 
the  other  half  to  the  use  of  the  person  who  may  sue  for  the  same. 

Section  15.  And  be  it  further  enacted,  That  if  any  person  under 
the  age  of  twenty  one  years,  or  any  alien  not  naturalized,  at  any 
meeting  in  any  town  or  place  for  the  purposes  aforesaid,  shall  give 
in  any  vote  or  ballot  for  any  officer  or  list  of  officers  then  voted  for 
at  such  meeting,  he  shall  forfeit  for  each  offence  twentv  dollars,  to 
be  recovered  by  an  action  of  debt,  one  half  to  the  use  of  the  town  or 
place  where  the  offence  may  be  committed,  the  other  half  to  the 
use  of  the  person  who  may  sue  for  the  same. 

Section  16.  And  be  it  further  enacted,  That  all  actions  for  the 
penalties  and  forfeitures  in  this  act  mentioned,  shall  be  commenced 
within  six  months  after  the  offence  is  committed,  and  not  after- 
wards. 

Section  17.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  clerk  of  every  town  and  place  at  the  opening  of  every  meet- 


LAWS  OF   NEW  HAMPSHIRE  599 

ing  when  and  where  any  of  the  foregoing  officers  are  to  be  voted 
for,  and  before  the  business  of  such  meeting  is  entered  upon,  to 
read  this  act,  or  cause  it  to  be  read  in  said  meeting. 

Section  18.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  to  prevent  undue  influence  and  fraud  in  town  meetings,  and  in 
the  choice  of  town  and  state  officers,"  passed  on  the  fourteenth  day 
of  June  1799."  the  act  entitled  "an  act  more  effectually  to  secure 
the  citizens  of  this  State  their  right  of  suffrage"  passed  on  the 
twenty  third  day  of  June  1813,  and  the  act  entitled  "an  act  in  addi- 
tion to,  and  in  amendment  of  an  act  entitled  "an  act  more  effectually 
to  secure  to  the  citizens  of  this  State  their  rights  of  suffrage"  passed 
on  the  24th  day  of  June  1814  be,  and  they  hereby  are  repealed. 
Provided  however,  that  such  repeal  shall  not  be  construed  to  affect 
any  action  now  pending  for  the  recovery  of  any  forfeiture  incurred 
under  the  said  acts. 


[CHAPTER  15.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  directing  the  mode  in  which  process  shall  be  seved 
upon  towns  and  certain  other  corporations,  and  in  which 
executions  against  towns  shall  be  levied,  and  for  other 
purposes. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  53.  Session  Laws,  1827,  Chap. 
15.  Laws,  1830  ed.,  p.  108.  See  act  of  June  27,  1816,  Laws  of  New  Hamp- 
shire, vol.  8,  p.  499.  This  act  repeals  act  of  December  20,  1797,  id.,  vol.  6, 
p.  475.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  inhabitants  of 
every  town  in  this  State  are  declared  to  be  a  body  politic  and  cor- 
porate, and  as  such,  by  the  name  of  their  incorporation,  may  sue 
and  be  sued,  and  may  prosecute  and  defend  any  action  or  suit,  in 
any  proper  court  in  this  State;  and  such  towns  may  at  any  legal 
meeting  duly  warned  and  holden,  in  the  towns,  respectively,  choose 
an  agent  or  agents,  attorney  or  attorneys,  for  the  purposes  afore- 
said; and  a  certificate  of  such  appointment  signed  by  the  Town 
Clerk  shall  be  deemed  sufficient  evidence  thereof. 

Section  2.  And  be  it  further  enacted,  That  all  trustees  of  col- 
leges, academies,  schools  and  proprietors  of  common  and  undivided 
lands,  grants  and  other  estates  or  interests,  be  and  hereby  are  em- 
powered to  sue,  prosecute  and  defend,  any  actions,  and  to  appoint 
an  agent  or  agents,  attorney  or  attorneys,  to  appear  for  them  and 
in  their  behalf. 


600  LAWS  OF   NEW  HAMPSHIRE 

Section  3.  And  be  it  further  enacted,  That  when  any  town,  body 
politic  or  corporate,  or  the  proprietors  of  any  common  and 
undivided  lands,  trustees  of  schools,  academies  or  colleges,  are  sued, 
an  attested  copy  of  the  writ  shall  be  delivered  to  the  clerk  of  such 
town,  body  corporate,  or  proprietors  of  common  and  undivided 
lands,  or  trustees,  or  to  one  of  the  principal  inhabitants  or  members, 
thirty  days  before  the  sitting  of  the  court,  to  which  the  same  is 
returnable,  or  left  the  like  number  of  days  before  the  sitting  of  said 
court  at  his  last  and  usual  place  of  abode. 

Section  4.  And  be  it  further  enacted,  That  when  judgment  shall 
be  rendered  against  towns  in  any  civil  suit,  the  goods  and  estate 
belonging  to  such  corporations  shall  be  answerable  and  stand 
chargeable  to  satisfy  the  judgment;  and  execution  may  be  sued  and 
levied  as  in  other  cases.  And  when  the  officer  having  such  execu- 
tion cannot  find  any  goods  or  estate  belonging  to  such  town,  he 
shall  apply  to  the  Selectmen  of  said  town,  or  any  one  of  them, 
whose  duty  it  shall  be  to  pay  and  satisfy  the  same  in  money,  if 
they  have  any  in  their  hands,  or  in  the  town  treasury;  and  if  the 
Selectmen  have  not  money  in  their  hands,  or  in  the  town  treasury, 
sufficient  to  satisfy  such  execution,  the  said  officer  shall  leave  an 
attested  copy  of  the  same  with  said  Selectmen,  who  are  hereby 
empowered  to  assess  the  inhabitants  of  such  town  in  a  sum  sufficient 
to  satisfy  such  execution  with  costs,  agreeably  to  law,  and  to  collect 
such  assessment  by  themselves,  or  a  collector  by  them  appointed, 
within  thirty  days  from  the  time  of  such  assessment  being  made: 
and  if  any  collector  who  shall  have  an  assessment  committed  to  him 
with  a  warrant  to  collect  the  same,  by  virtue  of  this  act,  shall 
neglect  to  collect  and  pay  over  to  the  Selectmen  the  sums  men- 
tioned in  such  assessment  within  thirty  days  after  he  shall  receive 
the  same,  it  shall  be  lawful  for  the  Selectmen  to  issue  their  extent 
against  such  collector. 

Section  5.  And  be  it  further  enacted,  That  when  any  Selectmen 
shall  be  served  with  the  copy  of  an  execution  agreeably  to  this  act, 
and  the  same  shall  not  be  satisfied  within  sixty  days  from  the  time 
of  leaving  such  copy  with  them,  the  bodies,  goods  and  estates  of 
such  Selectmen,  shall  be  liable  and  subject  to  be  taken  upon  the 
execution  so  sued  out,  and  the  same  may  be  so  satisfied  with  costs. 

Section  6.  And  be  it  further  enacted,  That  upon  any  indict- 
ment, presentment,  or  information  against  any  town,  a  summons 
shall  issue  against  such  town,  and  shall  be  served  by  leaving  an 
attested  copy  with  the  Town  clerk  or  Selectmen,  or  at  either  of 
their  last  and  usual  places  of  abode,  and  if  there  be  no  Selectmen 
or  Town  Clerk,  with  an  inhabitant  of  such  town,  or  at  his  last  and 
usual  place  of  abode,  at  least  thirty  days  prior  to  the  sitting  of  the 
court,  which  shall  be  deemed  a  sufficient  service  and  notice,  and  the 
Selectmen  or  their  agent  or  attorney,  duly  authorized  by  the 
town,    shall    be    admitted    to    defend    in    the    name    and    behalf 


LAWS   OF   NEW  HAMPSHIRE  601 

of  the  town,  and  upon  due  service  being  made,  if  the  Select- 
men, or  the  agent  or  attorney  or  other  inhabitant  so  sum- 
moned do  not  appear,  or  appearing  do  not  plead,  the  Court  may 
order  a  default  to  be  entered,  or  shall  order  the  general  issue  to  be 
entered,  upon  which  the  merits  shall  be  tried,  and  judgment  ren- 
dered accordingly;  and  all  fines  duly  imposed  may  be  levied  and 
collected  by  execution  or  warrant  of  distress  in  the  name  of  the 
State,  to  be  sued  out  upon  the  judgment  in  the  same  manner  as  is 
pointed  out  in  this  act  for  collecting  executions  which  issue  in  civil 
suits. 

Section  7.  And  be  it  further  enacted  that  the  act  entitled  "an 
act  directing  the  mode  of  levying  executions  against  town  corpora- 
tions, and  certain  other  proceedings,"  passed  on  the  twentieth  day 
of  December  1797,  be,  and  the  same  is  hereby  repealed.  Provided 
nevertheless,  that  the  said  act  shall  be,  and  continue,  in  force  in 
relation  to  all  proceedings  had  and  instituted,  and  all  rights  ac- 
quired under  the  same  act. 


[CHAPTER  16.] 

State  of  } 

New  Hampshire.  [ 

An  Act  to  alter  the  time  of  holding  the  annual  meeting  of 
the  Alton  Social  Library. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  61.  See  act  of  incorporation, 
December  10,  1812,  Laws  of  New  Hampshire,  vol.  8,  p.  154.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  annual  meeting  of 
the  Alton  Social  Library  shall  be  holden  on  the  last  Saturday  of 
May  in  each  year,  instead  of  the  first  Monday  of  February;  any 
Law,  usage  or  custom  to  the  contrary  notwithstanding. 


[CHAPTER  17.] 


State  of         ) 
New  Hampshire,  f 


An  Act  to  incorporate  a  Company  by  the  name  of  the  Lan- 
caster Corner  Aqueduct  Company. 

[Approved  June  26,  1827.     Acts,  vol.  24,  p.  63.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Asahel  Going,  Levi 
Barnard,  Jared  W.  Williams.  David  Burnside,  Samuel  White  and 


602 


LAWS  OF   NEW  HAMPSHIRE 


their  associates  and  Successors,  be,  and  they  hereby  are  incorpo- 
rated and  made  a  body  corporate  and  politic  forever  under  the 
name  of  the  Lancaster  Corner  Aqueduct  Company,  and  by  that 
name  may  sue  and  prosecute,  and  be  sued  and  prosecuted  to  final 
judgment  and  execution,  and  shall  be,  and  hereby  are  vested  with 
all  the  powers  and  privileges  which  are  by  law  incident  to  corpora- 
tions of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  Jared  W.  Williams 
and  Samuel  White  before  named  shall  call  a  meeting  of  said  com- 
pany by  posting  advertisements  in  two  public  places  in  said  town 
of  Lancaster,  at  least  ten  days  prior  to  said  meeting,  to  be  holden 
at  such  time  and  place  as  they  shall  think  proper.  And  the  pro- 
prietors by  a  vote  of  a  majority  of  those  present  or  represented,  at 
said  meeting  accounting  and  allowing  one  vote  to  each  share  in  all 
cases,  shall  choose  a  clerk,  who  shall  be  sworn  to  the  faithful  dis- 
charge of  the  duties  of  said  office,  and  shall  agree  on  a  method  of 
calling  future  meetings,  and  at  the  same  time  or  any  future  meet- 
ings may  elect  such  officers  and  make  and  establish  such  rules  and 
by  laws  as  to  them  shall  seem  necessary  and  convenient  for  the 
regulation  and  government  of  said  corporation,  for  securing,  man- 
aging and  improveing  the  interests  thereof  and  for  carrying  into 
effect  the  purposes  by  this  act  intended,  and  the  same  by  laws  may 
cause  to  be  executed,  and  annex  penalties  to  the  breach  thereof, 
provided  the  said  rules  and  by  laws  are  not  repugnant  to  the  Con- 
stitution and  laws  of  this  State.  And  all  representations  at  any 
meeting  of  said  corporation  shall  be  proved  in  writing,  signed  by 
the  person  to  be  represented,  which  shall  be  filed  by  the  Clerk,  or 
recorded  in  a  book  or  books  provided  for  that  purpose. 

Section  3.  And  be  it  further  enacted,  That  said  corporation 
shall  have  power  to  purchase  and  hold  in  fee  simple  so  much  land 
as  may  be  sufficient  to  enable  them  to  convey  to  Lancaster  corner 
aforesaid,  by  means  of  an  aqueduct,  the  water  from  any  spring  or 
springs  of  water  in  the  neighborhood  of,  and  not  more  than  one 
mile  distant  from  said  corner. 

Section  4.  And  be  it  further  enacted,  That  said  corporation 
shall  have  power  to  convey  the  water  from  any  such  spring  or 
springs  to  said  Lancaster  corner,  and  there  to  distribute  the  same 
by  means  of  an  aqueduct  and  cisterns  to  be  by  them  built  for  the 
purpose;  provided  the  land  upon  which  said  aqueduct  and  cisterns 
are  built  is  owned  by  said  corporation,  or  the  owners  of  such  land 
shall  have  previously  consented  thereto. 

Section  5.  And  be  it  further  enacted,  That  the  share  or  shares 
of  said  proprietors  may  be  transferred  by  deed  duly  executed,  ac- 
knowledged and  recorded  by  the  Clerk  of  said  proprietors  on  their 
records,  and  the  share  or  shares  of  any  proprietor  may  be  sold  by 
said  corporation  on  non  payment  of  assessments  duly  made  agree- 
able to  the  by  laws  that  may  be  agreed  upon  by  said  corporation. 


LAWS  OF   NEW   HAMPSHIRE  603 

[CHAPTER  18.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  establish  a  Corporation  by  the  name  of  Hopkin- 
ton  Academy. 

[Approved  June  26,  1827.  Acts,  vol.  24,  p.  69.  See  acts  of  June  21,  1832, 
id.,  vol.  29,  p.  15;  July  4,  1851,  Session  Laws,  1851,  Private  Acts,  Chap.  1196, 
and  January  5,  1853,  id.,  November,  1852,  Private  Acts,  Chap.  1382.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Ebenezer  Lerned,  Philip 
Brown,  Roger  C.  Hatch,  Abram  Brown,  Michael  Carlton,  Stephen 
Sibley,  Phineas  Clough,  Ebenezer  Dustin  and  Horace  Chase  and 
their  successors,  be,  and  they  are  hereby  made  a  corporation  to  be 
known  by  the  name  of  Hopkinton  Academy,  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion. 

Section  2.  And  be  it  further  enacted,  That  said  corporation  may 
hold  real  estate  not  exceeding  the  amount  of  three  thousand  dollars, 
and  personal  estate  the  annual  income  of  which  not  exceeding  one 
thousand  dollars,  for  the  promotion  of  science  and  the  useful  arts. 

Section  3.  And  be  it  further  enacted,  That  the  trustees  of  said 
Academy,  not  being  more  than  nine  nor  less  than  five,  may  establish 
rules  and  by  laws  for  the  government  of  said  institution  not  repug- 
nant to  the  laws  of  the  State,  may  direct  the  application  of  its  funds 
in  such  manner  as  may  best  promote  the  interests  thereof  and  fill 
all  vacancies  in  their  own  board. 

Section  4.  And  be  it  further  enacted,  That  Ebenezer  Lerned, 
Philip  Brown  and  Stephen  Sibley,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  corporation  by  posting  up  a  notice  thereof, 
stating  the  time,  place  and  object  of  said  meeting,  at  the  Town 
House  in  Hopkinton,  ten  days  before  the  time  of  holding  the  same. 


604  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  19.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  authorizing  the  President,  Directors  and  Company 
of  the  Cheshire  Bank  to  reduce  the  Capital  of  said  Bank. 

[Approved  June  27,  1827.  Acts,  vol.  24,  p.  71.  Session  Laws,  1827,  Chap. 
19.  See  acts  of  December  24,  1803,  Laws  of  New  Hampshire,  vol.  7,  p.  203; 
June  28,  1821,  ante,  p.  35;  June  19,  1844,  Session  Laws,  June,  1844,  Private 
Acts,  Chap.  115,  and  June  26,  1863,  id.,  1863,  Private  Acts,  Chap.  2809.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  President,  Directors  and  Com- 
pany cf  the  Cheshire  Bank,  be,  and  they  hereby  are,  authorized 
to  divide  so  much,  and  no  more,  of  the  capital  stock  of  said  Bank 
as  shall  reduce  it  to  the  sum  of  one  hundred  thousand  dollars. 

[CHAPTER  20.] 

State  of  } 

New  Hampshire.  \ 

An  Act  to  incorporate  the  proprietors   of  the  Congrega- 
tional Meeting  House  in  Northwood. 

[Approved  June  27,  1827.     Acts,  vol.  24,  p.  73.I 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Harvey,  William 
Smith,  Jonathan  Piper,  Thomas  Wiggin,  Daniel  French,  Levi  Mead, 
Mary  Clarke,  Simon  Batchelder,  Jonathan  Hill,  David  D.  Bennet, 
John  Willey,  Nicholas  D.  Hill,  Levi  Batchelder,  John  Johnson, 
Ebenezer  Coe,  Jonathan  Jenness,  Susannah  Garland,  Jonathan 
Clarke,  George  Buzel,  Sherburne  Give,  Dudley  D  Blake,  Joshua 
Hoit,  John  Rundlett,  George  James,  John  Bickford,  Betsy  Bick- 
ford,  Samuel  Bartlett,  Benjamin  Coffin,  Asa  Bickford,  William 
Bartlett,  Betsey  Brown,  John  Sherburne,  William  T.  Caswell,  Sam- 
uel Hill,  Elizabeth  Edgerly,  Jonathan  Lancaster,  Mary  Durgin, 
Morris  Knowles  and  Benjamin  Bickford  and  their  associates,  and 
such  other  persons  as  may  hereafter  become  proprietors  of  a  pew  or 
pews  in  said  meeting  house,  be  and  they  hereby  are  incorporated 
and  made  a  body  politic  forever  by  the  name  of  the  proprietors  of 
the  Congregational  meetinghouse  in  Northwood;  and  the  said  body 
corporate  is  hereby  empowered  to  hold  and  possess  real  and  per- 
sonal estate  not  exceeding  in  value  the  sum  of  three  thousand 
dollars  to  be  vested  exclusively  in  the  said  Meeting  house,  common 


LAWS   OF   NEW  HAMPSHIRE  6o$ 

around  it  and  convenient  out  houses,  and  is  vested  with  all  the 
powers  and  privileges  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  John  Harvey, 
William  Smith  and  Jonathan  Piper,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  corporation  by  posting  up  a  notice  of  the  time 
and  place  of  said  meeting,  on  the  principal  outer  door  of  said  meet- 
ing house,  fourteen  days  previous  thereto;  and  at  said  meeting,  or 
any  subsequent  meeting,  the  members  of  said  corporation  may 
choose  a  secretary  and  treasurer,  and  such  other  officers,  and  estab- 
lish such  by  laws,  rules  and  regulations,  as  they  may  deem  necessary 
for  the  carrying  into  effect  the  objects  of  their  incorporation;  pro- 
vided said  by  laws,  rules  and  regulations  be  not  repugnant  to  the 
constitution  and  laws  of  this  State. 

Section  3.  And  be  it  further  enacted,  That  each  proprietor  of 
said  meeting  house  corporation,  shall  be  entitled  to  as  many  votes 
in  any  meeting  thereof,  as  he  may  at  the  time  of  casting  his  vote, 
own  pews  in  said  meeting  house,  and  no  more. 

Section  4.  And  be  it  further  enacted,  That  said  corporation  may 
at  any  meeting  notified  for  that  purpose,  by  a  majority  of  voters 
present,  raise  any  sum  or  sums  of  money  that  they  may  deem  nec- 
essary for  the  purpose  of  repairing  said  meeting  house  and  for 
keeping  the  same  in  repair,  so  long  as  they  may  think  proper.  And 
all  sums  of  money  raised  for  the  purpose  aforesaid,  shall  be  assessed 
on  the  pews  in  said  meeting  house,  owned  by  the  members  of  said 
corporation,  according  to  their  value,  which  value  shall  be  assessed 
by  a  committee  of  three  persons  to  be  chosen  for  that  purpose  by  said 
corporation;  and  if  the  owner  or  proprietor  of  any  such  pew,  or 
pews,  shall  neglect  or  refuse  to  pay  any  assessment  made  as  afore- 
said, said  delinquent  proprietor's  pew  or  pews,  may  be  sold  for  the 
payment  thereof,  in  such  manner  as  said  corporation  may  agree  on. 


[CHAPTER  21.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Cocheco  Manufacturing  Com- 
pany. 

[Approved  June  27,  1827.  Acts.  vol.  24,  p.  77.  See  acts  of  July  2,  1846, 
Session  Laws,  1846,  Private  Acts,  Chap.  458;  December  19,  1848,  id.,  Novem- 
ber, 1848,  Chap.  744;  June  28,  1877,  id.,  1877-81,  p.  105,  and  June  28,  1878,  id., 
1877-81,  p.  259.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Wheeler,  Moses 
Paul,  Matthew  Bridge,  George  Bond,  E.  A.  Bourne,  Patrick  T. 
Jackson,  Edward  H.  Robbins,  Jr.  Samuel  Torrey,  and  their  associ- 


606  LAWS  OF   NEW   HAMPSHIRE 

ates  and  successors,  be,  and  they  hereby  are,  incorporated,  and 
made  a  body  corporate  and  politic  iorever,  by  the  name  of  the 
Cocheco  Manufacturing  Company,  and  by  that  name  may  sue  and 
be  sued,  prosecute  'and  defend  to  final  judgment  and  execution; 
may  have  and  use  a  common  seal,  and  the  same  may  break,  alter 
•and  renew  at  pleasure;  and  may  also  make,  ordain  and  put  in  execu- 
tion such  by  laws  and  regulations,  not  being  repugnant  to  the  Consti- 
tution and  laws  of  this  State,  as  shall  be  necessary,  proper  and 
convenient  for  the  government  of  said  corporation,  and  the  due  man- 
agement of  its  concerns;  and  shall  be  and  hereby  are  vested  with 
all  the  privileges  and  powers  which  by  law  are  incident  to  corpora- 
tions of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  corporation 
be  and  the  same  hereby  is  empowered  to  establish,  manage  and 
carry  on  the  manufacture  of  cotton,  linen  and  woollen  goods,  and 
of  all  kinds  of  machinery  and  such  other  branches  of  trade  and  man- 
ufacture as  shall  be  necessarily  connected  therewith,  at  any  place 
or  places  which  they  may  or  shall  possess,  on  or  near  the  Cocheco 
and  Isinglass  rivers,  or  either  of  them,  in  the  towns  of  Dover,  Bar- 
rington  and  Strafford,  and  to  purchase,  take,  hold  and  convey  real 
and  personal  estate  of  every  kind,  to  such  an  amount  as  they  shall 
find  necessary  or  convenient  in  the  management  of  their  concerns; 
provided  the  same  shall  not  exceed  the  sum  of  fifteen  hundred 
thousand  dollars;  and  the  same  to  manage,  improve,  change  and 
sell  at  their  pleasure;  and  to  erect  on  the  real  estate  owned,  or  to 
be  purchased  and  held  by  them  as  aforesaid,  such  dams,  canals, 
mills,  buildings,  machines  and  works,  as  they  may  deem  necessary 
or  useful  in  managing  and  carrying  on  their  manufactories  and 
works,  and  in  conducting  the  business  of  the  corporation;  and  may 
also  hold,  use  and  improve  for  the  purposes  aforesaid  all  such  mills 
and  other  property  as  is  now  owned  by  the  members  of  said  cor- 
poration. 

Section  3.  And  be  it  further  enacted,  That  the  said  John 
Wheeler,  Moses  Paul  and  Matthew  Bridge,  or  any  two  of  them, 
may  call  the  first  meeting  of  said  corporation,  to  be  holden  at  some 
suitable  time  and  place  in  the  town  of  Dover,  by  publishing  notice 
thereof  at  least  seven  days  prior  to  the  holding  of  said  meeting,  in 
either  of  the  newspapers  printed  in  said  town,  at  which  meeting  a 
clerk  shall  be  chosen,  and  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office,  and  it  shall  be  his  duty  to  record,  in  a  book  or 
books,  provided  and  kept  for  that  purpose,  the  doings  and  proceed- 
ings of  said  corporation,  and  to  perform  such  other  services  as  the 
by  laws 'of  said  corporation  shall  require;  and  at  the  same,  or  any 
subsequent  meeting  duly  holden,  the  members  or  associates  of  said 
corporation,  may  prescribe  and  agree  on  the  manner  of  calling, 
holding  and  conducting  future  meetings,  may  divide  their  capital 
or  joint  stock  into  such  number  of  shares  as  they  may  deem  proper, 


LAWS  OF   NEW  HAMPSHIRE  607 

provided  the  number  shall  not  exceed  fifteen  hundred;  may  pre- 
scribe the  mode  in  which  the  shares  in  said  capital  stock  shall  be 
holden,  and  how  the  same  shall  be  transferred;  may  make  or 
provide  for  the  making  of  assessments  on  the  shares  from  time  to 
time  as  occasion  may  require,  and  fix  the  time  for  the  payment  of 
the  same;  may  appoint  and  constitute  such  officers,  servants  and 
agents  of  said  corporation,  as  they  shall  think  necessary,  and  pre- 
scribe their  respective  duties,  and  may  do  or  transact  any  matter 
or  thing  relating  to  the  property  or  concerns  of  said  corporation. 

Section.  4.  And  be  it  further  enacted,  That  at  all  meetings  of 
said  corporation,  duly  notified  and  holden,  each  member  shall  be 
entitled  to  cast  one  vote  for  each  share  he  may  own  and  hold  in  the 
capital  stock  thereof,  upon  any  question  that  may  come  before 
such  meetings;  and  absent  members  may  be  represented  and  vote 
at  such  meetings  by  an  agent  for  that  purpose  duly  authorized  by 
writing,  signed  by  the  member  or  members  to  be  represented, 
which  writing  shall  be  filed  with  the  clerk  of  said  corporation;  and 
at  such  meetings  all  questions  shall  be  decided  by  a  majority  of 
votes  cast.  Provided  however,  that  in  the  assessment  of  taxes  on 
the  shares  in  said  corporation,  two  thirds  of  the  votes  cast  shall  be 
required  to  make  such  assessment  binding  on  the  members  thereof. 

Section  5.  And  be  it  further  enacted,  That  the  shares  in  the 
capital  stock  of  said  corporation  shall  be  liable  and  holden  for  the 
payment  of  all  assessments  legally  made  thereon,  and  in  case  of 
neglect  by  any  member  to  pay  the  sum  assessed  upon  his  share  or 
shares,  or  any  part  thereof,  for  the  space  of  thirty  days  after  the 
same  shall  have  become  due  and  payable,  such  share  or  shares,  or 
so  many  of  them  as  shall  be  sufficient  to  pay  the  amount  due 
thereon,  may  be  sold  and  transferred  for  the  payment  of  the  same, 
in  such  way  and  manner  as  shall  be  prescribed  in  the  by  laws  of 
said  corporation.  Provided  nevertheless,  That  nothing  in  this  act 
shall  in  any  wise  affect  or  impair  any  rights  or  privileges  hereto- 
fore granted  by  the  Legislature  of  this  State  to  any  individual  or 
other  corporation. 


[CHAPTER  22.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Trustees  or  the  first  Methodist 
Episcopal  Meeting  House  in  Sandwich. 

[Approved  June  27,  1827.     Acts,  vol.  24,  p.  82.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Augustus  Elanchard, 
David  C.  Page,  Elijah  Skinner,  Stephen  Fellows,  Jr.  Samuel  Bus- 


6o8  LAWS  OF   NEW  HAMPSHIRE 

well,  John  Fellows  and  Stephen  Ethridge  and  their  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Trustees  of  the 
first  Methodist  Episcopal  Meeting-house  in  Sandwich,  and  are 
hereby  authorized,  in  their  corporate  capacity  to  acquire  and  hold 
real  and  personal  estate,  not  exceeding  in  value  five  thousand  dol- 
lars, to  be  invested  in  said  Meetinghouse,  necessary  buildings  and 
common  around  the  same,  to  be  held  by  said  corporation  as  trus- 
tees, and  for  the  sole  use  and  benefit  of  those  who  are,  or  may  be 
interested  therein;  and  said  corporation  are  invested  with  all  the 
powers  and  privileges  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  Augustus  Blanchard 
may  call  the  first  meeting  of  said  Trustees  by  giving  to  each  per- 
sonal notice  of  the  time,  place  and  object  thereof  six  da\s  at  least 
prior  thereto. 


[CHAPTER  23.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  to  provide  for  the  maintenance  of  Bastard  Children. 

[Approved  June  28,  1827.  Acts,  vol.  24,  p.  85.  Session  Laws,  1827,  Chap. 
23.  Laws,  1830  ed.,  p.  295.  This  act  repeals  acts  of  February  11,  1791,  Laws 
of  New  Hampshire,  vol.  5,  p.  666,  and  June  29,  1821,  ante,  p.  52.  Repealed 
by  act  of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  every  Justice  of  the 
Peace  to  whom  complaint  may  be  made  by  any  woman,  pregnant 
with  a  child,  which  if  born  alive  may  be  a  bastard,  against  any 
man  charging  him  with  having  begotten  such  child,  may  convene 
such  man  before  him,  and  at  his  discretion  may  bind  him  to  appear 
at  the  next  Court  of  Common  Pleas,  with  sufficient  surety  or  sure- 
ties, to  answer  such  complaint  and  to  abide  the  order  of  said  Court 
thereon.  And  said  Court  may  take  security  by  way  of  recognizance 
of  the  person  so  charged  for  his  appearance  at  any  future  term. 

Section  2.  And  be  it  further  enacted,  That  said  complaint  may 
be  heard  and  tried  by  the  said  Court.  Provided  however,  that  if 
either  party  shall  request  it,  the  same  shall  be  tried  by  a  jury  and 
the  issue  shall  be,  whether  chargeable  or  not. 

Section  3.  And  be  it  further  enacted,  That  when  any  woman 
shall  have  voluntarily  made  her  complaint  as  aforesaid  on  oath 
charging  any  man  with  being  the  father  of  the  child,  and  stating 
the  time  when  and  the  place  where  the  same  was  begotten,  and 
shall  have  declared  in  the  time  of  her  travail  the  same  person  to 
be  the  father  of  the  child,  to  the  persons  attending  her,  if  any  per- 


LAWS  OF   NEW   HAMPSHIRE  609 

son  may  have  attended  her  at  the  time,  and  shall  have  continued 
constant  in  such  accusation,  she  shall  be  admitted  as  a  competent 
witness  on  the  trial,  her  credibility  being  left  to  the  Court  or  jury 
who  try  the  cause.  Provided  however,  that  no  woman  shall  be 
admitted  as  a  witness  as  aforesaid  who  shall  have  been  convicted 
of  any  crime  rendering  her  incompetent  to  testify  in  any  other 
cause. 

Section  4.  And  be  it  further  enacted,  That  any  man  who  shall 
be  found,  by  the  Court  or  the  jury  chargeable  as  aforesaid,  shall 
be  so  adjudged,  and  shall  be  ordered  to  pay  such  sum  or  sums  of 
money  to  the  mother  of  the  child,  or  in  cases  where  the  Court  may 
deem  it  proper,  to  the  selectmen  of  the  town  liable  by  law  to  main- 
tain the  child  when  standing  in  need  of  relief,  to  be  applied  to  the 
maintenance  of  the  child,  as  the  Court  may  under  all  the  circum- 
stances judge  reasonable;  and  he  shall  be  also  ordered  to  pay  the 
costs  of  the  prosecution.  And  the  said  Court  may  further  order  the 
person,  adjudged  chargeable  as  aforesaid  or  the  mother,  or  both, 
to  give  security  to  save  the  town,  liable  by  law  as  aforesaid,  harm- 
less and  free  from  the  maintenance  of  the  child.  And  any  person 
or  persons  who  shall  refuse  or  neglect  to  obey  any  order  of  the 
Court,  made  as  aforesaid,  may  be  committed  to  prison  until  the 
same  be  obeyed. 

Section  5.  And  be  it  further  enacted,  That  if  any  woman  after 
having  made  her  complaint  as  aforesaid,  and  having  prosecuted  the 
same  in  said  Court,  shall  abandon  the  same,  the  town  liable  by  law 
as  aforesaid  shall,  upon  application  to  the  Court  in  writing  for  that 
purpose  by  their  selectmen  agent  or  attorney,  be  admitted  to  pros- 
ecute the  said  complaint  and  procure  an  order  upon  the  person 
accused,  to  give  security  as  aforesaid  to  save  the  town  harmless. 
And  a  record  being  made  that  the  said  town  is  admitted  to  prose- 
cute as  aforesaid,  it  shall  be  deemed  a  party  to  the  prosecution. 
And  if  the  person  accused  be  found  chargeable,  he  shall  be  so  ad- 
judged, and  be  ordered  to  give  security,  to  save  the  town  harmless 
and  pay  the  costs  of  the  prosecution  and  to  stand  committed  until 
the  order  be  obeyed.  And  if  he  shall  be  found  not  chargeable,  he 
shall  be  acquitted,  and  be  allowed  costs,  and  have  execution  there- 
for against  the  town. 

Section  6.  And  be  it  further  enacted,  That  when  any  mother  of 
a  bastard  child  shall  have  neglected  or  refused  to  make  her  com- 
plaint as  aforesaid,  or  having  made  the  same,  shall  neglect  to  prose- 
cute her  complaint  in  the  Court  aforesaid,  every  Justice  of  the 
Peace  to  whom  complaint  may  be  made  by  the  Selectmen  of  any 
town  liable  by  law  as  aforesaid  against  any  man  charging  him  with 
having  begotten  such  Bastard  child,  may  convene  such  man  before 
him  and  at  his  discretion  bind  him  to  appear  at  the  next  Court  of 
Common  Pleas  with  sufficient  surety  or  sureties  to  answer  such 
charge  and  abide  the  order  of  Court  thereon.  And  such  complaint 
39 


6lO  LAWS  OF  NEW  HAMPSHIRE 

may  be  prosecuted  in  the  name  of  the  town  and  heard  and  tried  by 
the  Court.  Provided  however,  That  if  either  party  shall  request  it, 
the  same  shall  be  tried  by  a  jury  and  the  issue  shall  be  whether 
chargeable  or  not.  And  if  upon  such  complaint  made  by  the  select- 
men of  any  town,  the  person  accused  shall  be  found  chargeable,  he 
shall  be  so  adjudged,  and  be  ordered  to  give  security  to  save  the 
town  liable  as  aforesaid  harmless,  and  to  pay  the  costs  of  the  prose- 
cution. And  any  person  neglecting  or  refusing  to  obey  such  order 
may  be  committed  to  prison  until  the  same  be  performed.  And  if 
the  man  so  accused  shall  be  found  not  chargeable,  he  shall  be 
acquitted  and  allowed  his  costs,  and  have  execution  therefor,  against 
the  town. 

Section  7.  And  be  it  further  enacted,  That  if  any  person  com- 
mitted to  prison  by  virtue  of  this  act  be  poor  and  unable  to  pay 
such  sum  or  sums,  or  to  procure  such  sureties  as  may  be  required 
by  order  of  the  Court  aforesaid,  said  Court  may,  on  application  to 
them  for  that  purpose,  discharge  such  person  from  imprisonment, 
at  such  time  and  upon  such  terms  and  conditions  as  they  may  think 
proper. 

Section  8.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  for  the  maintenance  of  bastard  children,"  passed  on  the  eleventh 
day  of  February  1791,  and  the  act  entitled  "an  act  in  addition  to 
an  act  entitled  "an  act  for  the  maintenance  of  bastard  children," 
passed  on  the  twenty  ninth  day  of  June,  1821,  be,  and  they  hereby 
are,  repealed.  Provided  however,  That  nothing  herein  shall  be  con- 
strued to  affect  any  complaint  already  made  under  the  acts  which 
are  hereby  repealed. 

[CHAPTER  24.] 

State  of  } 

New  Hampshire.  \ 

An  Act  regulating  towns  and  the  choice  of  town  officers. 

[Approved  June  28,  1827.  Acts,  vol.  24,  p.  93.  Session  Laws,  1827,  Chap. 
24.  Laws,  1830  ed.,  p.  451.  See  acts  of  December  16,  1796,  Laws  of  New 
Hampshire,  vol.  6,  p.  378;  June  14,  1799,  id.,  p.  568;  June  25,  1830,  Session 
Laws,  1830,  Chap.  3;  July  6,  1833,  id.,  1833,  Chap.  130,  and  June  24,  1834,  id., 
1834,  Chap.  180.  This  act  wholly  repeals  acts  of  February  8,  1791,  Laws  of 
New  Hampshire,  vol.  5,  p.  587;  December  19,  1797,  id.,  vol.  6,  p.  462;  Decem- 
ber 17,  1803,  id.,  vol.  7,  p.  180;  December  13,  1804,  id.,  pp.  347,  352;  June  23, 
181 5,  id.,  vol.  8,  p.  416;  December  23,  1820,  id.,  p.  1000;  June  16,,  1821,  ante, 
p.  7;  June  26,  1823,  ante,  p.  205,  and  partly  repeals  act  of  July  1,  1819,  Laws 
of  New  Hampshire,  vol.  8,  p.  820.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  every  male  inhabitant 
of  each  town  of  the  age  of  twenty  one  years,  excepting  paupers, 
and  persons  excused  from  paying  taxes  at  their  own  request,  shall 


LAWS   OF   NEW  HAMPSHIRE  6 1  I 

have  a  right  to  vote  in  the  town  where  he  lives,  or  of  which  he  is 
an  inhabitant,  in  any  town  meeting,  in  any  matter  that  may  come 
before  such  town. 

Section  2.  And  be  it  further  enacted,  That  when  there  shall  be 
occasion  for  a  town  meeting,  the  Selectmen  shall  make  a  warrant 
under  their  hands  and  seal,  directed  to  some  constable  in  the  same 
town  requiring  him  to  notify  the  inhabitants  of  the  town  qualified 
by  law  to  vote  in  town  affairs  to  meet  at  a  place  in  said  town,  and 
at  a  certain  hour  therein  mentioned;  and  the  said  selectmen  shall 
in  such  warrant  insert  the  intent  and  design  of  such  meeting,  and 
the  subject  matter  of  all  business,  matters  and  things  to  be  consid- 
ered and  done  at  said  meeting;  and  nothing  done  at  said  meeting, 
holden  by  virtue  of  said  warrant  shall  be  considered  as  good  and 
valid  in  law,  unless  the  subject  matter  thereof  shall  have  been  in- 
serted as  aforesaid. 

And    the    constable    shall    post   up    an    attested    copy   of    such 
warrant  at  the  meeting  house  or  some  public  place  in  said  town 
fifteen  days  before  the  day  of  holding  such  meeting,  or  give  per- 
sonal notice  to  the  said  inhabitants  the  like  number  of  days  before 
such  meeting,   except   in   cases   where   other   and   different   notice 
may  be  bv  law  prescribed  and  directed,  or  otherwise  notify  and 
summon  the  said  inhabitants   in  such  way   and  manner   as   they 
at  a  legal  meeting  shall  direct;  and  the  constable  shall  return  such 
warrant  at  the  place,  and  at  the  time  for  holding  such  meeting,  with 
his  doings  therein,  to  the  town  clerk,  or  in  his  absence  to  one  of  the 
selectmen.    Provided  nevertheless,  that  the  selectmen  of  each  town, 
and  place  be  and  they  hereby  are  authorized  and  empowered  to 
warn  meetings  in  their  respective  towns  by  posting  up  a  copy  of  the 
warrant  therein,  in  the  same  way  and  manner,  and  the  same  term 
of  time  before  the  meeting  as  is  herein  before  directed  to  be  done  by 
constables,  and  to  make  return  of  their  doings,  and  of  the  warrant, 
at  the  time  and  place  of  the  meeting.    And  all  matters  and  business 
done  and  transacted  at  a  meeting  thus  warned  shall  be  good  and 
valid  as  though  the  same  had  been  warned  by  a  constable.    And  in 
case  ten  or  more  of  the  freeholders  in  any  town  shall  signify  uVir 
desire  in  writing  to  the  selectmen,  to  have  any  matter  or  thing  in- 
scribed in  a  warrant  for  calling  a  meeting,  the  selectman  are  her^bv 
required  to  insert  the  same  in  the  next  warrant  they  shall  issue  for 
a  meeting,  or  call  a  meeting  for  the  express  purpose  of  considering 
thereof  if  the  same  shall  be  requested. — 

And  in  case  the  selectmen  shall  unreasonably  neglect  to  call  a 
meeting,  or  to  insert  such  article,  the  sixth  part  of  the  legal  voters  in 
any  such  town  may  apply  to  any  justice  of  the  peace  within  the 
same  County,  who  is  hereby  authorized  and  empowered  to  issue  his 
warrant  under  his  hand  and  seal  to  any  constable  of  the  town  if 
such  there  be,  otherwise  to  any  of  the  freeholders  applying,  direct- 
ing and  requiring  him  to  warn  the  inhabitants  of  such  town  quali- 


6l2  LAWS  OF   NEW  HAMPSHIRE 

fied  to  vote  in  town  affairs,  to  assemble  and  meet  at  such  time  and 
place  in  said  town  as  the  said  justice  shall  order,  and  for  the  pur- 
poses in  said  warrant  expressed,  and  the  same  notice  shall  be  given 
and  return  thereof  made  as  in  other  cases.  — 

- — And  when  by  reason  of  death,  or  removal  of  selectmen,  a  major 
part  of  the  number  originally  chosen  shall  not  remain  in  office,  in 
such  case  a  major  part  of  those  who  remain  in  office  shall  have 
power  to  call  a  meeting  for  the  purpose  of  filling  up  vacancies  in 
the  board  of  selectmen  and  for  all  other  lawful  purposes. — 

— And  if  any  constable  shall  in  any  of  the  particulars  aforesaid 
neglect  his  duty,  he  shall  for  each  offence,  forfeit  and  pay  the  sum 
of  forty  dollars,  one  half  to  the  use  of  the  town,  and  the  other  half 
to  the  use  of  any  inhabitant  of  the  town  who  shall  sue  for  the  same. 

Section  3.  And  be  it  further  enacted,  That  all  places  incorpo- 
rated by  the  names  of  parishes  with  town  privileges  are  hereby 
declared  to  be  towns  to  every  intent  and  purpose,  and  are  entitled  to 
all  the  privileges,  and  vested  with  all  the  powers,  and  liable  to  all 
the  penalties  to  which  towns  are  or  may  be  entitled,  vested  with  or 
liable. 

Section  4.  And  be  it  further  enacted,  That  if  any  selectmen 
shall  neglect  to  issue  a  warrant  for  the  holding  of  meetings  in  due 
course  of  law  for  the  choice  of  Governor,  Counsellors,  Senators, 
Representatives  of  towns,  County  Register  and  County  Treasurer, 
Town  officers,  Electors  of  President  and  Vice  President  of  the 
United  States,  and  Representatives  in  the  Congress  of  the  United 
States,  they  shall  for  each  neglect  forfeit  the  sum  of  fifty  dollars 
to  the  use  of  any  person  who  will  sue  for  the  same. 

Section  5.  And  be  it  further  enacted,  That  whenever  it  shall 
happen  that  the  annual  meeting  of  any  town  has  not  been  duly 
holden,  or  in  case  any  town  shall  never  have  had  a  legal  meeting, 
then  on  the  application  of  any  ten  freeholders  of  such  town  made 
in  writing  to  any  Justice  of  the  Peace,  such  Justice  shall  call  a  meet- 
ing of  the  inhabitants  of  such  town  by  warrant  under  his  hand  and 
seal  directed  to  any  of  the  freeholders  of  such  town,  in  which  war- 
rant shall  be  expressed  the  design  of  such  meeting  and  the  articles 
to  be  acted  upon;  and  the  same  notice  shall  be  given  as  in  other 
cases  of  warning  town  meetings,  and  the  said  Justice  shall  preside 
in  said  meeting  until  a  moderator  be  chosen. 

Section  6.  And  be  it  further  enacted,  That  at  every  town  meet- 
ing a  moderator  shall  be  first  chosen  by  ballot  by  a  majority  of 
votes,  who  shall  then  be  empowered  to  manage  and  regulate  the 
business  of  the  meeting;  and  when  any  vote  declared  by  the  mod- 
erator, which  vote  shall  have  been  taken  in  any  other  way  than  by 
ballot,  shall  immediately,  and  before  any  other  business  is  com- 
menced, be  scrupled  or  questioned  by  seven  or  more  of  the  voters 
present,  the  moderator  shall  make  the  vote  certain  by  polling  the 
votes.    And  no  person  shall  speak  in  the  meeting  without  leave  of 


LAWS   OF   NEW  HAMPSHIRE  613 

the  moderator,  nor  when  any  person  is  orderly  speaking,  and  all 
persons  shall  be  silent  at  the  desire  of  the  moderator,  on  pain  of 
forfeiting  one  dollar  for  the  breach  of  every  such  order  to  the  use 
of  the  town;  and  if  any  person  after  being  notified  by  the  mod- 
erator of  such  offence,  or  being  out  of  order,  shall  persist  in  such 
disorderly  conduct,  or  shall  in  any  way  disturb  the  meeting,  the 
moderator  is  hereby  authorized  and  empowered  to  command  any 
constable  of  said  town  to  carry  such  disorderly  person  or  persons 
out  of  the  meeting  and  detain  him  or  them  until  the  business  of 
the  meeting  is  finished;  and  it  shall  be  the  duty  of  the  constable 
to  obey  such  order  and  command,  and  he  is  hereby  authorized  to 
command  such  assistance  as  may  be  necessary. 

Section  7.  And  be  it  further  enacted,  That  there  shall  be  holden 
annually  a  meeting  of  the  inhabitants  of  each  town  in  this  State, 
qualified  to  vote  in  town  affairs  in  their  respective  towns,  in  the 
month  of  March,  for  the  purpose  of  choosing  town  officers.  And 
said  meeting  may  in  any  town  be  holden  on  the  second  Tuesday  of 
March,  any  thing  in  the  charter  of  said  town,  or  in  any  law,  usage 
or  custom  to  the  contrary  notwithstanding. 

And  the  said  inhabitants  of  each  town  at  such  annual  meeting 
shall  choose  by  ballot,  and  by  a  major  vote,  a  suitable  person  to  be 
clerk  of  the  town,  whose  duty  it  shall  be,  truly  to  record  all  votes 
passed  by  the  town  while  he  may  remain  in  office,  and  to  discharge 
all  the  duties  of  the  office  according  to  law. 

And  the  said  inhabitants  of  each  town  at  such  annual  meeting, 
shall  choose  by  ballot  and  by  a  major  vote,  three  or  more  persons, 
not  exceeding  nine,  able  and  discreet,  of  good  moral  character,  and 
freeholders  residing  in  the  town,  to  be  selectmen,  who  shall  have  the 
ordering  and  managing  of  all  the  prudential  affairs  of  the  town,  and 
shall  faithfully  do,  perform  and  execute  all  matters  and  things  in  the 
laws  appointed  by  them  to  be  done  and  performed.  And  in  all  cases 
where  anything  by  law  is  enjoined  to  be  done  by  the  selectmen  of 
any  town  or  place,  it  shall  be  sufficient  if  done  by  the  major  part 
of  such  selectmen.  And  the  selectmen  of  any  town  may  and  shall 
discharge  the  duties  of  overseers  of  the  poor,  and  treasurer,  where 
such  officers  shall  not  be  particularly  chosen.  And  any  town  may 
choose  assessors,  by  ballot,  who  shall  have  the  qualifications  of  se- 
lectmen; and  together  with  the  selectmen  of  such  town  constitute 
a  joint  board  for  the  assessment  of  taxes;  and  all  questions  arising 
at  such  board  shall  be  decided  by  the  major  vote  of  the  joint  mem- 
bers thereof. 

And  the  said  inhabitants  of  each  town  at  such  annual  meeting, 
shall  choose,  by  a  major  vote,  overseers  of  the  poor,  a  treasurer, 
firewards,  and  a  constable  or  constables,  who  shall  be  freeholders 
residing  in  the  town;  and  also  collectors  of  taxes,  surveyors  of 
highways,  tythingmen,  fence  viewers,  clerk  of  the  market,  sealers 
of  leather,  sealers  of  weights  and  measures,  hogreeves,  corders  of 


6  1  4  LAWS   OF    NEW   HAMPSHIRE 

wood,  surveyors  of  lumber,  culler  of  staves,  haywards  or  field 
drivers,  and  every  other  officer,  which  may  be  directed  by  the  law 
of  this  State,  and  such  other  officers  as  they  may  judge  necessary  for 
managing  their  affairs.  And  all  the  said  officers  shall  faithfully  do, 
perform  and  execute  all  matters  and  things  in  the  laws  appointed 
by  them  to  be  done  and  performed. 

And  the  before  named,  and  all  other  town  officers  known  in  law  as 
such  shall  have  an  oath  administered  to  them  agreeably  to  the  form 
prescribed,  for  the  faithful  discharge  of  the  duties  of  their  respective 
offices  by  the  town  clerk,  one  of  the  selectmen,  or  a  justice  of  the 
peace,  who  are  hereby  authorized  to  administer  the  same.  And  the 
town  clerk  shall  make  a  record  of  the  names  of  such  persons  as 
shall  be  sworn  into  any  town  office.  And  such  officers  shall  con- 
tinue in  office  the  space  of  one  year,  or  until  the  next  annual  meet- 
ing for  the  choice  of  town  officers,  and  until  others  be  chosen  and 
sworn  in  their  stead,  except  in  cases  where  the  law  shall  otherwise 
direct.  And  the  powers  of  all  collectors  of  taxes  and  surveyors  of 
highways,  shall  continue  until  they  shall  have  collected  all  the 
monies  in  their  list  contained,  of  the  persons  therein  named,  or  have 
caused  the  labor  required  to  be  done  in  such  surveyors'  warrants 
to  be  done  and  performed. 

And  the  town  clerk,  or  any  two  of  the  selectmen  shall  forthwith 
after  the  choice  of  such  town  officers  by  writing  under  his  or  their 
hands  direct  a  constable  of  the  town  to  notify  the  persons  so  chosen 
and  named  in  such  writing,  to  appear  within  six  days  from  the 
day  of  such  notice  given,  before  the  town  clerk,  or  one  of  the  select- 
men, or  a  justice  of  the  peace  in  the  same  county,  and  take  the 
oath  by  law  prescribed;  and  the  constable  shall  within  four  days 
after  the  receipt  of  such  writing  or  precept,  notify  the  persons 
therein  named,  agreeably  to  the  tenor  of  said  precept,  which  notice 
shall  be  personal,  or  left  at  the  usual  place  of  abode  of  the  person 
so  chosen;  or  such  persons  may  be  notified  to  take  the  oath 
of  office  in  open  town  meeting  by  the  moderator,  any  selectmen,  or 
the  town  clerk;  and  such  persons,  if  present  shall  immediately  in 
open  meeting  declare  their  acceptance  or  refusal. 

And  every  person  not  by  law  exempt  from  serving  in  such  office, 
who  shall  after  due  notice  given  to  him  in  open  town  meeting  as 
aforesaid  neglect  for  the  space  of  one  hour  to  take  the  oath  of 
office;  and  every  person  who  shall  neglect  for  the  space  of  six  days 
after  he  shall  have  received  such  other  personal  notice  as  afore- 
said, or  for  the  same  space  of  time  after  the  notice  shall  have  been 
left  at  his  place  of  abode  as  aforesaid  or  for  the  space  of  six  days 
after  he  shall  have  returned  to  his  dwelling  house,  in  case  he  shall 
be  absent  when  the  said  notice  may  be  left,  to  appear  and  take 
such  oath,  and  in  case  the  same  is  taken  before  any  person  other 
than  the  town  clerk  to  file  a  certificate  of  his  having  so  taken  it, 
with  the  town  clerk,  shall  forfeit  the  sum  of  four  dollars,  one  half 


LAWS    OF    NEW    HAMPSHIRE  615 

to  the  use  of  the  town,  and  the  other  half  to  the  use  of  the  person 
who  may  sue  for  the  same.  Provided,  this  clause  shall  not  be  con- 
strued as  applying  to  such  officers,  for  whose  neglect  in  this  resptct 
a  different  penalty  is  by  law  provided. 

And  every  constable  shall  within  ten  days  after  the  receipt  of 
such  writing  or  precept  return  the  same  with  his  doings  therein  to 
the  town  clerk  for  the  time  being;  and  every  constable  neglecting 
his  duty  in  any  of  the  particulars  aforesaid  shall  forfeit  and  pay 
the  sum  of  five  dollars  one  half  to  the  use  of  the  town,  and  the 
other  half  to  the  use  of  him  who  may  sue  for  the  same. 

Provided  always,  that  no  person  shall  be  obliged  to  serve  in  any 
office  in  any  town  two  years  successively,  nor  shall  any  person  in 
any  case  be  compelled  to  serve  as  a  collector  of  taxes. 

Section  8.  And  be  it  further  enacted,  That  when  there  shall  be 
a  vacancy  in  any  town  office  by  reason  of  the  death  of  any  town 
officer,  or  by  reason  of  the  non  acceptance  of  any  person  chosen 
into  any  office,  or  by  reason  of  any  person  becoming  non  compos 
mentis  in  the  judgment  of  the  town,  or  where  there  shall  be  a 
vacancy  in  any  other  way,  or  when  there  shall  be  a  want  of  any 
town  officer  or  officers,  the  said  inhabitants  of  such  town,  at  any 
legal  meeting  duly  warned  and  holden  in  such  town,  or  at  the  ad- 
journment of  the  annual  meeting,  may  proceed  to  fill  up  such  vacan- 
cies, and  choose  such  officer  or  officers  as  may  be  wanting;  and  the 
officer  or  officers  so  chosen  and  sworn,  shall  have  the  same  power 
and  authority  as  though  chosen  at  the  annual  meeting  for  the  choice 
of  town  officers.  And  in  every  such  case  the  person  filling  such 
vacancy  is  authorized  to  take  up  the  business,  appertaining  to  his 
office,  where  his  immediate  predecessor  in  office  left  it,  and  to  pro- 
ceed to  the  full  execution  and  discharge  of  the  same  as  fully  to  all 
intents  and  purposes  as  the  officer  first  chosen  into  said  office  that 
year  might  or  could  have  done.  And  all  officers  chosen  at  said 
meetings  shall  be  liable  to  the  same  penalties  and  forfeitures  for 
not  accepting,  or  not  taking  the  oath  of  office,  and  for  every  neglect 
of  duty  in  their  respective  offices  as  though  such  officers  were  or 
had  been  chosen  at  the  annual  meeting  for  the  choice  of  town 
officers. 

Section  o.  And  be  it  further  enacted,  That  in  case  any  collector 
of  taxes  in  any  town  in  this  State  shall  die,  abscond,  or  become  non 
compos  mentis  before  he  shall  have  completed  the  collection  of  the 
several  sums  in  his  list  contained,  the  inhabitants  of  any  such  town 
may  at  any  public  meeting  duly  holden  in  such  town  choose  a  col- 
lector in  his  room,  who  shall  have  power  and  authority  to  finish 
the  collection  of  the  sums  in  such  list  contained,  in  as  ?mple  manner 
as  the  collector  to  whom  such  list  was  originally  committed  could 
have  done,  and  shall  be  liable  for  the  taxes  outstanding  at  the  time 
he  received  the  list  in  the  same  manner  as  other  collectors  are  by 
law  answerable  for  the  lists  committed  to  them  to  collect. 


6l6  LAWS  OF   NEW  HAMPSHIRE 

Section  10.  And  be  it  further  enacted,  That  if  any  town  or  place 
shall  neglect  or  refuse  to  choose  a  collector  or  collectors,  or  shall 
refuse  to  fill  up  a  vacancy  in  case  the  office  be  vacant,  in  either  of 
the  ways  before  mentioned,  in  every  such  case  the  selectmen  of 
such  town  or  place  shall  and  may  make  such  choice,  or  fill  up  such 
vacancy,  and  the  person  so  appointed  by  the  selectmen,  shall  have 
all  the  power  and  authority  to  collect  any  State,  county,  or  town 
taxes,  and  shall  be  liable  to  the  same  pains  and  penalties  and  liabil- 
ities in  case  of  neglect  of  duty  as  collectors  chosen  by  the  inhabi- 
tants of  any  town  or  place  by  law  are  or  may  be  liable.  And  the 
selectmen  may  allow  such  collector  by  them  so  appointed  in  the 
case  aforesaid  a  reasonable  sum  for  his  trouble,  and  may  charge 
the  same  to  the  town. 

Section  n.  And  be  it  further  enacted,  That  the  inhabitants  of 
any  town  may  at  their  annual  meetings  duly  holden  for  the  choice 
of  town  officers  by  vote  authorize  the  selectmen  of  such  town  to 
appoint  a  collector  or  collectors  of  taxes  for  such  towns,  and  the 
collectors  so  appointed  by  the  selectmen  shall  have  the  same  powers 
and  be  subject  to  the  same  liabilities  as  they  would  have,  and  be, 
liable  to,  had  they  been  chosen  by  the  inhabitants  of  such  town. 

Section  12.  And  be  it  further  enacted,  That  the  selectmen, 
whenever  they  appoint  a  collector,  shall  take  bonds  to  their  re- 
spective towns  with  sufficient  sureties  for  the  faithful  performance 
of  his  duties,  and  shall  also  agree  in  behalf  of  their  towns  with  such 
collector  on  the  rate  or  amount  of  compensation  to  which  he  shall 
be  entitled  for  his  services,  which  agreement  shall  be  in  writing  and 
signed  by  the  selectmen  and  collector. 

Section  13.  And  be  it  further  enacted,  That  the  inhabitants  of 
every  town  in  this  State  qualified  by  law  to  vote  in  town  affairs  at 
any  meeting  duly  warned  and  legally  holden,  are  hereby  empowered 
to  make  and  agree  upon  such  necessary  rules,  orders,  and  by  laws 
for  the  directing,  managing,  and  ordering  the  prudential  affairs  of 
such  town,  and  to  annex  penalties  to  such  laws  not  exceeding  four 
dollars  for  one  offence  and  enuring  to  such  uses  as  they  shall  direct. 
Provided  such  laws  be  not  repugnant  to  the  constitution  and  laws 
of  this  State.  And  the  said  penalties  for  any  breach  of  any  such 
by  law  shall  be  recovered  before  any  justice  of  the  peace  not  in- 
terested therein. 

Section  14.  And  be  it  further  enacted,  That  the  inhabitants  of 
each  town  in  this  State  qualified  to  vote  in  town  affairs,  at  any 
meeting  duly  and  legally  warned  and  holden  in  such  town,  may 
grant  and  vote  such  sums  of  money  as  they  shall  judge  necessary 
for  the  support  of  schools,  schoolhouses,  the  maintenance  of  the 
poor,  for  laying  out  and  repairing  highways,  for  building  and  re- 
pairing bridges,  and  for  all  the  necessary  charges  arising  within 
the  town,  to  be  assessed  upon  the  polls  and  estates  in  the  town  as 
the  law  directs. 


LAWS   OF   NEW  HAMPSHIRE  617 

Section  15.  And  be  it  further  enacted,  That  towns  between 
which  and  any  settled  minister  there  was  prior  to  or  on 'the  first  day 
of  July  in  the  year  of  our  Lord  eighteen  hundred  and  nineteen,  a 
subsisting  contract,  shall  have  a  right  from  time  to  time  to  vote, 
assess,  collect  and  appropriate  such  sum  or  sums  of  money  as  may 
be  necessary  for  the  fulfilment  of  such  contract;  and  every  town 
shall  have  a  right  to  raise  money  for  repairing  meeting  houses 
owned  by  the  town  so  far  as  to  render  them  useful  for  town  pur- 
poses. Provided,  that  no  person  shall  be  liable  to  taxation  for  the 
purpose  of  fulfilling  any  contract  between  any  town  and  a  settled 
minister  who  may  have  heretofore  filed,  or  shall  file  previous  to 
such  assessment,  with  the  town  clerk  of  the  town  where  he  may 
reside,  a  certificate  declaring  himself  not  to  be  of  the  religious  per- 
suasion or  opinion  of  the  minister  settled  in  said  town. 

Section  16.  And  be  it  further  enacted,  That  all  penalties  and 
forfeitures  in  this  act  mentioned  not  exceeding  thirteen  dollars  and 
thirty  three  cents,  shall  be  sued  for  before  a  justice  of  the  peace  in 
the  County  where  the  offence  may  be  committed;  the  action  to  be 
commenced  within  three  months  after  the  offence  committed,  and 
not  afterwards. 

Section  17.  And  be  it  further  enacted,  That  all  places  unincor- 
porated which  shall  from  time  to  time  be  ordered  to  pay  any  part  of 
the  public  taxes  shall  be,  and  they  hereby  are  invested  with  all  the 
powers  which  towns  in  this  State  by  law  have  so  far  as  relates  to 
the  choice  of  assessors,  selectmen,  and  collectors,  and  the  persons 
chosen  into  said  offices  respectively  shall  be  liable  to  the  same  pen- 
alties, forfeitures  and  process  for  not  taking  the  oath  of  office,  and 
for  the  neglect  of  duty  in  anything  pertaining  to  their  respective 
offices,  as  such  officers  in  towns  by  law  are;  and  the  inhabitants  of 
such  unincorporated  places  who  may  neglect  or  refuse  to  choose  as- 
sessors, selectmen  and  collectors,  shall  be  liable  to  the  same  process 
as  the  inhabitants  of  towns  so  refusing  or  neglecting;  and  any  justice 
of  the  peace  upon  the  application  of  any  five  inhabitants  of  any  such' 
place  shall  warn  a  meeting  for  the  choice  of  such  officers  in  the 
manner  he  is  authorized  and  required  by  law  to  do  on  the  appli- 
cation of  the  inhabitants  of  any  town,  on  the  neglect  or  refusal  of 
selectmen;  and  the  assessors  of  such  places  shall  have  the  same 
powers  in  this  respect,  and  it  shall  be  their  duty  to  warn  meetings 
in  such  places,  for  the  choice  of  the  officers  aforesaid. 

Section  18.  And  be  it  further  enacted,  That  where  any  town  or 
place  by  law  liable  to  pay  public  taxes  have  refused  or  neglected, 
or  shall  refuse  or  neglect  to  choose  proper  officers  for  assessing  and 
collecting  taxes  according  to  law,  the  Treasurer  of  the  State  and 
the  County  Treasurers  respectively,  are  empowered  and  authorized 
to  issue  their  executions  against  the  inhabitants  of  such  towns  or 
places;  and  the  persons  from  whom  such  sums  shall  be  levied,  shall 
have  contribution  against  the  other  inhabitants  of  such  town  or 


6l8  LAWS  OF   NEW   HAMPSHIRE 

place  for  such  sums  so  levied  from  them  as  aforesaid,  and  all  costs 
and  damages  by  them  sustained,  and  shall  recover  double  costs  of 
suit. 

Section  19.  And  be  it  further  enacted,  That  the  act  entitled  an 
act  for  regulating  towns  and  the  choice  of  town  officers,  passed  on 
the  eighth  day  of  February  1791;  the  act  entitled  an  act  directing 
that  State  and  County  officers  shall  be  elected  on  the  same  day 
throughout  this  State  passed  on  the  seventeenth  day  of  December 
1803;  the  act  entitled  an  act  defining  the  powers  and  duties  of 
assessors  of  taxes  passed  on  the  twenty  sixth  day  of  June  1823; 
the  act  entitled  "an  act  providing  for  the  appointment  of  collectors 
of  taxes  by  the  selectmen  of  towns  in  certain  cases,"  passed  on  the 
sixteenth  day  of  June  182 1;  and  the  first  and  second  sections  of 
an  act  entitled  "an  act  in  amendment  of  an  act  "entitled  an  act 
for  regulating  towns  and  the  choice  of  town  officers"  passed  Feb- 
ruary 8,  anno  Domini  1791,"  passed  on  the  first  day  of  July  1819; 
the  act  entitled,  "an  act  in  addition  to  and  in  amendment  of  an  act, 
entitled  an  act  for  regulating  towns  and  the  choice  of  town  officers," 
passed  February  8,  1791,"  passed  on  the  twenty  third  day  of  June 
1 81 5;  the  act  entitled  "an  act  in  addition  to  "an  act  entitled  "an 
act  for  regulating  towns  and  the  choice  of  town  officers"  passed 
on  the  nineteenth  day  of  December  1797;  the  act,  entitled  "an  act 
in  addition  to  an  act  entitled  "an  act  for  regulating  towns  and  the 
choice  of  town  officers"  passed  on  the  thirteenth  day  of  December 
1804;  the  act  entitled  "an  act  directing  that  certain  town  officers 
shall  be  chosen  by  ballot  passed  on  the  thirteenth  day  of  December 
1804,  be  and  they  hereby  are  repealed.  Provided  however,  That 
all  officers  duly  chosen  in  pursuance  of  the  said  acts  shall  remain 
in  their  respective  offices,  and  all  rights  acquired,  and  all  acts  done 
under  and  in  pursuance  of  the  same,  shall  be  and  remain  unim- 
paired and  in  force,  in  the  same  manner  they  would  and  ought,  had 
the  said  acts  remained  in  force. 


[CHAPTER  25.] 


State  oj  \ 

New  Hampshire.  \ 


An  act  limiting  the  term  of  the  office  of  Coroner  and  No- 
tary Public,  and  for  other  purposes. 

[Approved  June  28,  1827.  Acts,  vol.  24,  p.  113.  Session  Laws,  1827,  Chap. 
25.  See  acts  of  June  19,  1817,  Laws  of  New  Hampshire,  vol.  8,  p.  608,  June 
13,  1823,  ante,  p.  179,  and  June  20,  1827,  ante,  p.  S85.  This  act  repeals  act  of 
June  10,  1 791,  Laws  of  New  Hampshire,  vol.  5,  p.  747.  Repealed  by  act  of 
July  3,  1829,  Laws,  1830  ed.,  p.  541.] 

Section.  1.  Be  it  enacted — by  the  Senate  and  House  of  Repre- 
sentatives   in    General    Court    convened,    That    all    Coroners    and 


LAWS   OF   NEW  HAMPSHIRE  619 

Notaries  public  hereafter  appointed,  shall  be  commissioned  for  the 
term  of  five  years,  and  every  Coroner  before  he  enters  upon  the 
duties  of  the  office,  shall  be  sworn  to  the  faithful  discharge  thereof, 
and  shall  give  a  bond  to  the  county  for  which  he  shall  be  commis- 
sioned in  the  penal  sum  of  five  thousand  dollars,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office,  to  be  approved  by 
the  Justices  of  the  Court  of  Common  Pleas  of  such  county,  and  to 
be  kept  by  the  clerk  of  the  same  court. 

Section  2.  And  be  it  further  enacted,  That  so  much  of  an  act, 
entitled  "an  act  regulating  the  office  of  Coroner,"  passed  June  iotl1 
1 79 1,  as  may  be  inconsistent  with  the  provisions  of  this  act,  be,  and 
the  same  is  hereby — repealed. 


[CHAPTER  26.] 


State  of  ) 

New  Hampshire,  f 


An  Act  to  establish  a  Corporation  by  the  name  of  the  Page 
Sabbath  School  Corporation  in  Haverhill. 

[Approved  June  28,  1827.     Acts,  vol.  24,  p.  115.] 

Whereas  William  G.  Page,  late  of  Haverhill  in  the  county  of 
Grafton,  deceased,  did  in  his  life  time,  give  and  bequeath  the  sum 
of  two  hundred  dollars,  the  interest  of  which  should  be  annually 
appropriated  for  the  support  of  Sabbath  schools  in  the  south  Parish 
in  Haverhill,  and  did  appoint  Edmund  Carlton,  John  Page  and 
Grant  Powers,  trustees  to  manage  said  fund.  And  whereas  said 
sabbath  school  has  received,  by  donation,  more  than  three  hundred 
volumes  of  books  to  constitute  a  Library  for  their  encouragement 
and  use.  And  whereas  the  said  Carlton,  Page  and  Powers,  have 
petitioned  the  Legislature,  for  an  act  of  incorporation: 

Section  1.  Therefore,  Be  it  enacted  By  the  Senate  and  House 
of  Representatives  in  General  Court  convened,  That  the  said 
Edmund  Carlton,  John  Page  and  Grant  Powers,  be,  and  hereby  are, 
constituted  a  Board  of  Trustees,  and  made  a  Corporation  forever, 
by  the  name  of  "The  Page  Sabbath  School  Corporation  in  Haver- 
hill," and  by  that  name  may  sue  and  be  sued,  defend  and  be  de- 
fended, and  be  known  and  distinguished  in  their  acts  and  proceed- 
ings in  all  cases  whatever,  and  may  have  and  use  a  common  seal, 
and  the  same  may  alter  and  change  at  pleasure. 

Section  2.  And  be  it  further  enacted.  That  said  corporation  is 
hereby  made  capable  in  law,  of  purchasing,  receiving  and  holding, 
in  fee  simple  or  any  less  estate,  by  gift,  grant  or  otherwise,  any 
lands,  tenements,  or  other  estate,  real  or  personal,  to  any  amount, 
not  exceeding  an  annual  income  of  one  hundred  dollars,  and  the 
same  to  sell,  convey  and  dispose  of  at  pleasure. 


620 


LAWS   OF   NEW  HAMPSHIRE 


Section  3d  And  be  it  further  enacted,  That  said  John  Page  be 
authorized  to  call  the  first  meeting  of  said  corporation,  by  personal 
notice  to  each  of  his  associates;  at  which  meeting  the  said  corpo- 
rators may  add,  by  an  election  by  ballot,  two  persons  to  the  board 
of  trustees,  elect  such  officers,  and  establish  such  by  laws  as  they 
may  deem  necessary  for  the  well  being,  and  well  ordering  the  af- 
fairs of  said  corporation. 

Section  4.  And  be  it  further  enacted,  That  the  before  named 
corporators,  with  such  persons  as  they  may  elect  in  virtue  of  the 
third  section,  as  their  associates,  be  authorized  to  perpetuate  their 
succession,  by  filling  vacancies  in  their  board,  whenever  they  may 
happen,  so  however  that  the  number  of  Trustees  shall  never  be  more 
than  five,  nor  less  than  three. 


[CHAPTER  27.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  Gil- 
ford Iron  Manufacturing  Company. 

[Approved  June  29,  1827.     Acts,  vol.  24,  p.  121.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  ReDre- 
sentatives  in  General  Court  convened,  That  Branch  Harlow, 
Stephen  C.  Lyford  and  Daniel  Tucker,  and  those  who  now  are,  or 
hereafter  may  be  associated  with  them,  and  their  successors,  be,  and 
hereby  are,  constituted  a  body  corporate,  by  the  name  of  the  Gil- 
ford Iron  Manufacturing  Company,  and  by  that  name  may  sue  and 
be  sued,  prosecute  and  be  prosecuted  to  final  judgment  and  execu- 
tion in  all  actions,  suits  and  processes  whatsoever:  And  also  are 
authorized  to  make,  use,  alter  break  and  renew  at  their  pleasure  a 
common  seal;  and  also  to  ordain,  establish  and  put  in  execution, 
such  by  laws  and  regulations,  not  repugnant  to  the  laws  of  this 
State,  as  to  them  may  be  deemed  necessary  for  the  management  of 
the  affairs  of  said  corporation,  and  shall  have,  possess  and  enjoy, 
all  powers  and  privileges  incident  to  corporations  of  a  similar  kind. 

Section  2.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  Corporation  shall  not  exceed  forty  thousand  dollars;  the  per- 
sonal estate  of  said  corporation  not  exceeding  ten  thousand  dollars, 
together  with  the  furnace  and  building  or  buildings  necessarily  con- 
nected therewith,  shall  be,  and  remain,  exempt  from  taxation  for 
the  term  of  five  years  next  after  the  passing  of  this  act;  and  said 
stock  shall  be  divided  into  shares  of  one  hundred  dollars  each,  and 
may  be  transferred  in  such  manner  as  the  stock-holders  by  their 
by  laws  may  ordain. 


LAWS   OF  NEW  HAMPSHIRE  621 

Section  3.  And  be  it  further  enacted,  That  at  all  meetings  of 
the  stockholders  in  said  corporation,  after  the  same  be  organized, 
they  shall  be  entitled  to  vote  in  proportion  to  their  several  shares 
in  the  following  manner;  that  is  to  say;  for  every  one  share,  one 
vote;  for  every  two  shares,  from  one  to  ten,  one  vote;  for  every 
three  shares,  from  ten  to  thirty,  one  vote;  and  one  vote  for  every 
five  shares  above  thirty;  and  absent  members  may  vote  by  proxy, 
being  authorized  in  writing,  signed  by  the  person  represented,  and 
filed  with  the  clerk  of  the  corporation. 

Section  4.  And  be  it  further  enacted,  That  Branch  Harlow, 
Stephen  C.  Lyford  and  Daniel  Tucker,  or  any  two  of  them,  be 
authorized  to  call  the  first  meeting  of  said  company,  by  giving 
personal  notice  to  all  concerned,  at  least  ten  days  prior  to  the  day 
of  meeting,  setting  forth,  in  such  notice,  the  time,  place  and  object 
of  such  meeting. 


[CHAPTER  28.] 

State  oj  I 

New  Hampshire,  j 

An  Act  concerning  the  discontinuance  of  High-ways. 

[Approved  June  29,  1827.  Acts,  vol.  24,  p.  123.  Session  Laws,  1827,  Chap. 
28.  Repealed  by  acts  of  January  3,  1829,  ])ost,  and  July  3,  1829,  Session 
Laws,  1829,  Chap.  52.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  in  all  cases  hereafter 
when,  on  the  neglect  or  refusal  of  the  selectmen  of  any  town  to  lay 
out  any  highway  petitioned  for,  application  shall  be  made  to  the 
Court  of  Common  Pleas  to  lay  out  the  same,  and  during  the  pen- 
dency of  said  application,  the  selectmen  of  such  town  shall  lay 
out  the  highway  petitioned  for,  it  shall  not  be  lawful  for  the  town  in 
which  such  highway  is  situated,  to  discontinue  the  same,  without 
the  consent  and  approbation,  in  writing  of  the  Court  of  Common 
Pleas  first  had  and  obtained. 

Section  2.  And  be  it  further  enacted,  That  in  all  cases  when, 
on  the  neglect  of  any  town  to  make  or  repair  any  road  laid  out  in 
manner  before  mentioned,  an  indictment  shall  have  been  found 
against  said  town  for  such  neglect,  it  shall  not  be  lawful  for  any 
town  to  discontinue  such  road  without  the  consent  of  the  Court  of 
Common  Pleas. 


622  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  29.] 

State  of  } 

New  Hampshire,  j 

An  Act  relating  to  the  election  of  Governor,  Counsellors, 
Senators,  and  Representatives. 

[Approved  June  29,  1827.  Acts,  vol.  24,  p.  125.  Session  Laws,  1827,  Chap. 
29.  Laws,  1830  ed.,  p.  421.  See  acts  of  June  23,  1813,  Laws  of  New  Hamp- 
shire, vol.  8,  p.  247,  July  4,  1834,  Session  Laws,  1834,  Chap.  184,  and  July  3, 
1839,  id.,  1839,  Chap.  444.  This  act  repeals  acts  of  December  17,  1803,  Laws 
of  New  Hamnshire,  vol.  7,  p.  180,  and  July  1,  1825,  ante,  p.  443.  Repealed  by 
act  of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  meetings  of  the 
several  towns  and  places  in  this  state  for  the  election  of  Governor, 
Counsellors,  Senators  and  Representatives,  shall  be  holden  on  the 
second  Tuesday  of  March  annually,  and  at  no  other  time.  Pro- 
vided nevertheless,  that  when  two  or  more  towns  are  classed  for  the 
choice  of  a  Representative,  the  election  of  such  Representative  may 
take  place  on  any  day  in  March. 

Section  2.  And  be  it  further  enacted,  That  the  meetings  for  the 
choice  of  Representatives  shall  be  warned  by  warrant  from  the 
selectmen,  and  governed  by  a  moderator,  who  shall  in  presence  of 
the  selectmen,  whose  duty  it  shall  be  to  attend,  in  open  meeting 
receive  the  votes  of  the  inhabitants  present  and  qualified  to  vote 
for  Senators,  and  shall,  in  said  meetings,  in  presence  of  said  select- 
men and  of  the  town  clerk  in  said  meetings,  sort  and  count  the 
votes  and  make  a  public  declaration  thereof  with  the  name  of  every 
person  voted  for,  and  the  number  of  votes  for  each  person;  and  the 
person  or  persons  having  a  majority  of  all  the  votes,  shall  be  de- 
clared to  be  the  representative  or  representatives  of  the  town  for 
the  ensuing  year.  And  it  shall  be  the  duty  of  the  several  town 
clerks  in  making  out  the  certificates  of  the  election  of  the  Repre- 
sentatives of  their  respective  towns  to  certify  in  such  certificate 
that  the  check  list  was  posted  up  and  used  during  the  balloting  on 
which  they  were  chosen,  and  also  to  certify  the  number  of  voters 
which  said  list  contained  as  certified  by  the  selectmen. 

Section  3.  And  be  it  further  enacted,  That  an  act  entitled  an 
act  directing  that  State  and  County  officers  shall  be  elected  on  the 
same  day  throughout  the  State  passed  on  the  seventh  day  of  Decem- 
ber 1803,  and  an  act  entitled  "an  act  in  addition  to  and  in  amend- 
ment of  an  act  entitled  an  act  more  effectually  to  secure  to  the  cit- 
izens of  this  State  their  rights  of  sufferage"  approved  June  23.  18 13, 
passed  on  the  first  day  of  July  1825,  be  and  they  hereby  are  re- 
pealed. 

Section  4.     And  be  it  further  enacted,  That  the  number  of  bal- 


LAWS   OF   NEW  HAMPSHIRE  623 

lots  for  Governor,  Counsellor  and  Senator  shall  be  returned  and 
certified  to  the  office  of  the  Secretary  of  the  State  on  distinct  and 
separate  pieces  of  paper. 


[CHAPTER  30.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Proprietors  of  Rochester  Academy. 

[Approved  June  30,  1827.     Acts,  vol.  24,  p.  127.] 

Section  i.     Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  an  Academy  for  the  in- 
struction of  youth  in  the  various  elementary  branches  of  useful 
education,   be   established   in   Rochester,   and   that   Isaac   Willey, 
Hatevil  Knight,  William  Hurd,  William  G.  Webster,  John  McDuf- 
fee,  Jun.  Joseph   S.  Hanson,   David   Barker,  James  Tebbets,   D. 
Barker,  Jr.  I.  H.  Woodman,  Nath1  Upham,  Charles  Dennet,  Joseph 
Cross,  I.  H.  Torr,  John  Greenfield,  Simon  Chase,  James  C.  Cole, 
Moses  Hale,  Joseph  Hanson,  Jr.  John  Smith,  John  Roberts,  Jr.  and 
William  Barker,  and  their  associates  and  successors,  be  and  they 
hereby  are  incorporated  and  made  a  body  corporate  and  politic  for- 
ever, by  the  name  of  the  Proprietors  of  Rochester  Academy,  and  by 
that  name  may  sue  and  be  sued,  prosecute  and  be  prosecuted,  de- 
fend and  be  defended  to  final  judgment  and  execution;  may,  for  the 
use,  benefit  and  support  of  said  Academy  and  for  no  other  purpose, 
receive,  purchase  and  hold,  grants  and  donations  of  real  and  per- 
sonal estate  to  the  value  of  ten  thousand  dollars;  may  erect,  build 
and  repair  suitable  buildings  for  the  use  and  accommodation  of  said 
Academy;  may  choose  and  appoint  all  necessary  officers,  and  make 
such  by  laws,  rules  and  regulations  as  they  may  think  expedient 
for  warning  and  holding  the  meetings  and  conducting  the  business 
of  said  corporation,  and  may  elect  and  appoint  at  such  times,  and 
for  such  terms  as  they  shall  think  proper,  trustees  of  said  academy 
not  exceeding  twelve  in  number,  a  majority  of  whom  shall  constitute 
a  quorum,  who  shall  have  power  to  hire,  appoint  and  compensate 
such  instructers  as  they  may  judge  necessary,  and  to  make,  ordain 
and  enforce  such  by  laws  and  ordinances  as  may  be  necessary  for 
the  well  government  of  said  institution;    provided  such  by  laws, 
rules,  regulations  and  ordinances  be  not  repugnant  to  the  consti- 
tution and  laws  of  this  State.    And  said  corporation  may  have  and 
use  a  common  seal,  and  the  same  may  break,  alter  and  renew  at 
their  pleasure,  and  may  possess  and  exercise  all  the  powers  and 
privileges  incident  to  corporations  of  a  similar  nature. 


624  LAWS   OF   NEW  HAMPSHIRE 

Section  2.  And  be  it  further  enacted,  That  said  corporation  may- 
forever  elect  and  receive  additional  members  thereof  in  such  manner 
and  under  such  restrictions  as  they  may  think  proper. 

Section  3d  And  be  it  further  enacted,  That  David  Barker,  Jr. 
I.  H.  Woodman  and  Hatevil  Knight,  or  any  two  of  them,  may  call 
the  first  meeting  of  the  corporation,  by  posting  up  notifications 
for  that  purpose,  in  two  or  more  public  places  in  Rochester,  speci- 
fying the  object  of  said  meeting,  fifteen  days  prior  to  said  meeting, 
and  may  preside  in  said  meeting  till  a  moderator  shall  be  chosen. 


[CHAPTER  31.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  a  religious  Society  in  Hopkinton  by 
the  name  of  union  baptist  society. 

[Approved  June  30,  1827.     Acts,  vol.  24,  p.  139.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonathan  Fowler, 
Samuel  Folsom  and  Asa  Kimball  and  their  associates  an  successors, 
be,  and  they  hereby  are,  made  a  corporation  by  the  name  of 
Union  Baptist  Society  in  Hopkinton,  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execution; 
may  make  by  laws  suitable  for  their  regulation  and  government  not 
repugnant  to  the  laws  of  this  State  and  for  the  sole  purpose  of  erect- 
ing a  meeting  house,  and  holding  the  land  necessary  for  the  same, 
may  hold  real  and  personal  estate  not  exceeding  five  thousand 
dollars. 

Section  2.  And  be  it  further  enacted,  That  Samuel  Folsom  may 
call  the  first  meeting  of  said  corporation  by  posting  up  a  written 
notice  thereof  stating  the  time,  place  and  object  of  said  meeting, 
at  the  house  of  David  Page  in  Hopkinton,  at  least  fourteen  days 
before  the  time  of  holding  the  same. 


LAWS   OF   NEW  HAMPSHIRE  625 

[CHAPTER  32.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Eaton  Lead  mine  Company. 

[Approved  June  30,  1827.  Acts,  vol.  24,  p.  141.  See  act  of  June  25,  1835^ 
Session  Laws,  1835,  Private  Acts,  Chap.  49.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  James  W.  Ripley, 
Stephen  Chase,  Colman  Colby  John  Kennett  Jr.  John  March, 
Samuel  Atkinson,  their  associates  and  successors,  be  and  they 
hereby  are  incorporated  and  made  a  body  corporate  and  politic,  by 
the  nane  of  the  Eaton  Lead  mine  Company,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  be  known  and  distinguished  in  all  their  acts  and  pro- 
ceedings, and  shall  be  and  hereby  are  vested  with  all  the  powers  and 
privileges,  and  subject  to  all  the  liabilities,  incident  to  corporations 
of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  the  capital  or  joint 
stock  of  said  company  may  consist  of  a  sum  not  exceeding  two 
hundred  thousand  dollars,  of  which  a  sum  not  exceeding  one  hun- 
dred thousand  dollars  may  be  vested  in  real  estate,  which  may  be 
purchased  held  and  owned  by  said  company,  in  fee  simple,  and  by 
them  sold  and  conveyed  at  pleasure;  and  the  residue  of  said  cap- 
ital or  joint  stock  may  be  employed  and  used  by  said  company,  in 
such  manner  as  they  may  think  proper,  in  searching  and  digging  for 
lead  and  other  ores,  fossils  and  mineral  substances,  on  lands  which 
may  be  owned  by  them  in  the  town  of  Eaton;  and  in  analyzing  and 
smelting  them  or  converting  them  into  useful  manufactures;  and  in 
erecting  and  constructing  buildings,  furnaces,  and  machinery,  nec- 
essary for  facilitating  the  various  operations  and  purposes  contem- 
plated by  said  Company. 

Section  3.  And  be  it  further  enacted,  That  James  W.  Ripley, 
Stephen  Chase  and  Colman  Colby,  or  any  two  of  them  may  call  the 
first  meeting  of  said  company,  to  be  holden  at  some  suitable  time 
and  place  in  said  town  of  Eaton,  by  publishing  notice  thereof  in  one 
of  the  newspapers  printed  in  Dover,  at  least  three  weeks  prior  to 
holding  the  same,  at  which  meeting  a  clerk  shall  be  chosen,  who 
shall  be  sworn  to  the  faithful  discharge  of  the  duties  of  his  office; 
and  it  shall  be  his  duty  to  record  this  act,  and  all  the  proceedings 
of  said  company  in  a  book  or  books  provided  and  kept  for  that 
purpose,  and  to  give  certified  copies  thereof  when  required.  And 
at  the  same,  or  any  subsequent  meetine  duly  notified  and  holden, 
the  said  company  may  agree  on  the  method  of  calling  and  holding 

40 


626  LAWS   OF   NEW  HAMPSHIRE 

future  meetings;  may  choose  all  necessary  officers  and  agents  for 
managing  the  business  of  said  company;  may  divide  their  capital 
or  joint  stock  into  such  number  of  snares  as  may  be  deemed  proper, 
and  agree  upon  the  manner  of  transferring  them;  may  order  as- 
sessments and  fix  the  time  of  their  payment,  may  establish  by  laws 
for  the  regulation  and  government  of  said  company,  provided  they 
are  not  repugnant  to  the  Constitution  and 'laws  of  this  State;  and 
may  do  and  transact  any  business  necessary  for  carrying  into  effect 
the  objects  of  this  association.  All  questions  shall  be  determined 
by  a  majority  of  votes,  accounting  and  allowing  one  vote  to  each 
share,  provided  however,  that  no  member  of  said  company  shall 
be  entitled  to  a  greater  number  of  votes  than  one  fifth  part  of  the 
whole  number  of  shares;  and  absent  members  may  vote  by  proxy, 
duly  authorized  in  writing  signed  by  the  person  or  persons  repre- 
sented, which  writing  shall  be  filed  with  the  clerk. 

Section  4.  And  be  it  further  enacted,  That  the  share  or  shares 
in  the  capital  or  Joint  stock  of  said  company,  shall  be  liable  and 
holden  for  the  payment  of  all  assessments  duly  made  thereon,  and 
if  any  member  of  said  company  shall  neglect  or  fail  to  pay  the 
assessments  made  upon  his  share  or  shares  after  the  same  shall 
have  become  due  and  payable,  the  share  or  shares  of  such  delin- 
quent member  or  so  many  of  them  as  will  pay  the  sums  due  thereon, 
with  incidental  charges,  may  be  sold  and  transferred  in  such  way 
and  manner  as  said  company  in  their  by  laws  shall  direct  and  pre- 
scribe. 


[CHAPTER  33.] 


State  oj  ) 

New  Hampshire.  \ 


An  Act  to  empower  Turnpike  corporations  to  make  altera- 
tions IN  THEIR  ROADS. 

[Approved  July  2,  1827.  Acts,  vol.  24,  p.  147.  Session  Laws,  1827,  Chap. 
33.  Laws,  1830  ed.,  p.,  183.  See  act  of  June  22,  1818,  Laws  of  New  Hamp- 
shire, vol.  8,  p.  684.  Repealed  by  act  of  December  23,  1842.  See  Revised 
Statutes  (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  whenever  any  alteration  in  any  turn- 
pike road  shall  be  necessary,  the  corporation,  by  their  a*?ent  or 
attorney,  may  aoply  by  petition  to  the  Court  of  Common  Pleas,  at 
any  t^rm  of  said  Court  holden  in  the  Countv  where  such  alteration 
is  proposed,  to  be  made,  which  petition  shall  set  out  the  alteration 
proDOsed.  And  the  Court  aforesaid  shall  thereupon  order  such 
notice  as  thev  may  think  proper  to  all  concerned,  to  appear  at  the 
next  term  of  said  Court,  to  be  holden  within  the  same  county,  to 


LAWS  OF   NEW   HAMPSHIRE  627 

shew  cause,  if  any  they  have,  why  the  prayer  of  the  petitioners 
should  not  be  granted;  and  if  no  sufficient  cause  be  shewn,  the  court 
may  adjudge  that  the  alteration  on  said  turnpike  road  be  made 
according  tc  the  prayer  of  said  petition;  and  the  Court  aforesaid 
may  thereupon  appoint  a  committee,  of  three  persons,  to  assess  the 
damages  which  may  be  occasioned  by  such  alteration,  and  said 
committee,  before  they  shall  proceed  to  assess  damages  in  any  case, 
shall  give  notice  to  all  persons  concerned,  and  a  report  of  the  doings 
of  said  committee  with  a  statement  of  the  damages  by  them  as- 
sessed, shall  be  returned  to  said  Court,  and  shall  be  there  recorded. 
Section  2.  And  be  it  further  enacted,  That  whenever  the  report 
so  made  shall  be  accepted  by  said  Court,  and  the  petitioners  shall 
have  paid  or  tendered  to  the  respective  persons  injured,  the  amount 
of  the  damage  assessed,  and  all  the  expenses  incurred  in  conse- 
quence of  their  petition,  as  settled  and  adjusted  by  said  Court,  the 
corporation  shall  have  the  right  to  make  the  alterations  defined  and 
established,  and,  with  the  consent  of  said  Court,  to  discontinue 
that  part  of  said  turnpike  road  for  which  the  alteration  is  a  substi- 
tute, and  may  thereafter  hold  and  occupy  said  road  so  altered  and 
substituted,  as  a  part  of  their  grant. 


[CHAPTER  34.] 


State  of  } 

New  Hampshire.  \ 


An  act  to  divide  the  town  of  Londonderry  and  to  constitute 
a  new  town. 

[Approved    July   2,    1827.     Acts,    vol.    24,    p.    149.     Session    Laws,    1827, 
Chap.  34.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  all  that  part  of  the  town 
of  Londonderry  in  the  County  of  Rockingham,  lying  and  being 
easterly  of  the  following  line,  to  wit,  beginning  at  the  intersection 
of  the  centre  of  the  Londonderry  turnpike  road  with  the  town  line 
between  said  town  of  Londonderry  and  the  town  of  Chester,  thence 
south  one  degree  and  thirty  minutes  west  twelve  hundred  and  sev- 
enteen ro^s  to  an  oak  tree  marked,  standing  at  Captain  William 
Gage's  pasture;  thence  by  the  same  course  nine  hundred  and  sev- 
enty seven  rods  to  a  stake  and  stones  on  the  line  between  said 
Londonderry  and  the  town  of  Windham,  with  the  inhabitants 
thereof,  be  and  hereby  is  constituted  and  made  a  body  corporate 
and  politic  by  the  n?me  of  Derry;  with  all  the  powers,  privileges 
nnd  immunities  incident  and  common  to  other  towns  in  this  State. 
And  all  the  real  estate  now  owned  by  said  town  of  Londonderry, 
situate  and  being  easterly  of  said  line,  shall  be  the  property  of  said 


628  LAWS   OF   NEW  HAMPSHIRE 

town  of  Derry;  and  all  the  real  estate  now  owned  by  said  London- 
derry, situate  and  being  westerly  of  said  line,  shall  be  the  property 
of  said  Londonderry. 

Section  2.  And  be  it  further  enacted,  That  three  fifths  of  all  the 
personal  estate,  debts,  claims  and  taxes  now  due  to  the  town  of 
Londonderry,  shall  be  the  property  of  said  town  of  Derry,  and 
two  fifths  of  the  same  shall  be  the  property  of  said  Londonderry; 
and  that  said  town  of  Derry  shall  pay  to  said  Londonderry  two 
thousand  Dollars  as  an  equivalent  for  real  estate.  And  that  said 
town  of  Derry  shall  also  pay  three  fifths  of  all  the  debts,  dues  and 
liabilities  of  the  present  town  of  Londonderry,  including  three 
fifths  of  all  sums  that  may  be  recovered  on  any  suits,  indictments, 
or  petitions  for  highways,  now  pending  in  any  Court,  or  on  any 
petition  for  a  highway  through  Londonderry,  on  or  near  the  same 
route  described  in  the  petition  of  James  Burnham  and  others  now 
pending  in  Court,  which  may  be  presented  and  entered  in  the  Court 
of  Common  Pleas,  which  is  now  served  or  may  be  served  within 
eighteen  months  on  the  selectmen  of  Londonderry,  and  of  all  ex- 
penses that  may  be  incurred  in  making  said  road;  and  that  said 
Londonderry  shall  pay  two  fifths  thereof.  Provided  that  each 
town,  at  its  own  expense,  shall  have  the  right  to  defend  against  such 
petitions  for  highways;  and  that  either  of  said  towns  may  recover 
of  the  other  by  action  on  the  case,  before  any  court  proper  to  try 
the  same,  any  sum  that  may  be  justly  due  agreeably  to  the  provi- 
sions of  this  act. 

Section  3.  And  be  it  further  enacted,  That  said  town  of  Derry 
shall  pay  three  fifths,  and  said  town  of  Londonderry  shall  pay  two 
fifths  of  all  expences  incurred  in  the  support  and  maintenance  of 
the  paupers  now  supported  by  the  present  town  of  Londonderry. 

Section  4.  And  be  it  further  enacted,  That  in  all  future  assess- 
ments of  State  and  County  taxes,  until  the  Legislature  shall  other- 
wise order,  said  Derry  shall  pay  seven  dollars  and  eighty  two  cents, 
and  said  Londonderry  shall  pay  five  dollars  and  thirty  eight  cents  of 
every  thousand  dollars;  and  the  State  and  County  Treasurers  may 
and  shall  issue  their  respective  warrants  accordingly,  any  law  or 
usage  to  the  contrary  notwithstanding. 

Section  5.  And  be  it  further  enacted,  That  James  Thorn,  Samuel 
Adams  and  Mark  Fisk,  or  any  two  of  them,  may  call  the  first  meet- 
ing of  said  Derry,  by  giving  such  notice  of  the  time,  place  and  de- 
sign of  said  meeting  as  the  law  requires  for  calling  town  meetings; 
and  either  of  said  persons  may  preside  at  such  meeting,  until  a 
moderator  shall  be  chosen;  and  all  town  officers  necessary  and 
proper  may  be  chosen  at  such  meeting,  who  shall  be  sworn  and 
have  all  the  powers  and  be  subject  to  all  the  liabilities  by  law  apper- 
taining to  such  like  town  officers. 


LAWS  OF   NEW   HAMPSHIRE  629 

[CHAPTER  35.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to. vest  in  Horace  Metcalf  and  Richard  Kimball  the 
exclusive  privilege  of  keeping  a  ferry  over  a  certain  part 
of  Connecticut  River. 

[Approved  July  3,  1827.     Acts,  vol.  24,  p.  153.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  exclusive  privilege 
of  keeping  a  ferry  with  the  immunities  thereof  over  Connecticut 
river  at  any  place  between  a  point  one  mile  south  of  little  Sugar 
river  and  one  mile  north  of  little  Sugar  river  in  Charlestown  in 
the  County  of  Cheshire,  be,  and  hereby  is  granted  to  and  vested  in 
Horace  Metcalf  and  Richard  Kimball  of  Charlestown  in  the 
County  of  Cheshire,  their  heirs  and  assigns,  they,  the  said  Met- 
calf and  Kimball  giving  bonds  with  sufficient  sureties,  in  the  sum 
of  five  hundred  dollars  to  the  clerk  of  the  Court  of  Common  Pleas, 
for  the  time  being,  for  said  County  of  Cheshire,  that  the  said  ferry 
shall  be  constantly  kept,  and  well  attended. 

Section  2.  And  be  it  further  enacted,  That  the  rates  of  ferriage 
to  be  taken  by  the  said  Horace  Metcalf  and  Richard  Kimball,  their 
heirs  or  assigns,  shall  at  all  times  be  established  by  the  Justices 
of  the  Court  of  Common  Pleas  in  said  County  of  Cheshire,  and  said 
Justices  are  hereby  authorized  and  empowered  to  establish  said 
rates  of  ferriage  from  time  to  time  as  they  shall  judge  proper. 

Section  3.  And  be  it  further  enacted,  That  if  any  person  shall 
demand  or  receive  any  greater  rate  of  ferriage  than  the  said  Court 
of  Common  Pleas  shall  establish,  he  shall  for  each  and  every  such 
offence  forfeit  and  pay  to  the  party  injured,  the  sum  of  six  dollars, 
to  be  recovered  by  action  of  debt  in  any  Court  proper  to  try  the 
same. 

Section  4.  And  be  it  further  enacted,  That  if  any  person  shall 
for  hire  or  reward  transport  over  said  river  within  the  limits  afore- 
said any  person,  creature  or  thing,  such  person  so  offending  shall 
forfeit  and  pay  to  the  said  Horace  Metcalf  and  Richard  Kimball, 
their  heirs  and  assigns,  the  sum  of  six  dollars  to  be  recovered  by 
action  of  debt  in  any  court  proper  to  try  the  same.  Provided 
nevertheless,  That  nothing  in  this  act  shall  be  construed  to  prevent 
the  building  and  maintaining  of  any  bridge  over  said  river  in  any 
place  within  the  limits  aforesaid — in  the  same  way  and  manner  as 
the  same  might  have  been  done  had  this  act  never  been  passed. 
And  provided  further,  that  if  the  said  Metcalf  and  Kimball  or  their 
assigns  shall  neglect  for  the  space  of  six  months,  at  any  one  time, 


63O  LAWS  OF   NEW  HAMPSHIRE 

to  keep  at  said  ferry  boats  and  assistance  sufficient  for  the  trans- 
portation across  said  ferry  of  such  persons,  carriages  and  teams 
as  are  proper  to  pass  the  same,  then  this  grant  to  be  to  all  intents 
and  purposes  void 


[CHAPTER  36.] 


State  of  I 

New  Hampshire.  \ 


An  act  empowering  religious  associations  to  assume  and  ex- 
ercise CORPORATE  POWERS. 

[Approved  July  3,  1827.  Acts,  vol.  24,  p.  157.  Session  Laws,  1827,  Chap. 
36.  Laws,  1830  ed.,  p.  462.  This  act  partly  repeals  act  of  July  1,  1819,  Laws 
of  New  Hampshire,  vol.  8,  p.  820,  and  wholly  repeals  act  of  July  3,  1823,  ante, 
p.  245.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  members  of  any 
religious  sect  or  denomination  of  christians  in  this  State,  may  as- 
sociate together  and  form  a  society;  may  admit  members  and  as- 
sume a  name  and  style  by  which  such  society  may  be  known,  and 
distinguished  in  law;  and  having  recorded  the  same  in  a  book  of 
records  which  shall  be  kept  by  the  clerk  of  such  society,  and  pub- 
lished the  same  in  some  newspaper  in  the  County  where  such 
society  may  be  formed,  if  any  be  printed  therein,  and  if  not,  then 
in  some  paper  printed  in  some  adjoining  County,  shall  be  thereby 
constituted  and  become  a  body  corporate  and  politic,  and  by 
such  name,  so  assumed,  shall  have  perpetual  sucession,  and 
may  possess  and  enjoy  all  the  powers,  privileges,  and  im- 
munities, and  shall  be  subject  to  all  the  liabilities  incident  to 
corporations  of  a  similar  nature;  shall  have  power  and  authority 
and  be  capable  in  law,  to  take,  hold  and  possess,  to  them  and  their 
successors,  for  the  use  and  benefit  of  such  society,  by  purchase 
gift,  grant,  devise  or  otherwise,  any  real  or  personal  estate,  for  the 
purpose  of  erecting  and  repairing  a  house  of  public  worship  and 
a  parsonage  house  and  other  buildings  necessarily  connected  there- 
with, and  for  supporting  the  ministry  in  such  society;  and  shall 
have  power  to  improve,  sell,  convey  and  dispose  of  the  same  for 
the  sole  use  and  benefit  of  such  society.  Provided  always,  That  the 
annual  value  or  income  of  the  estate  of  any  one  society,  shall  not, 
at  any  one  time,  exceed  one  thousand  dollars.  Provided  also,  That 
no  person  shall  be  compelled  to  join  or  support,  or  be  classed  with, 
or  associated  to  any  congregation,  church,  or  religious  society 
without  his  express  consent  first  had  and  obtained. 

Section  2.     And  be  it  further  enacted,  That  any  religious  so- 


LAWS  OF   NEW   HAMPSHIRE  63  I 

ciety  formed  as  aforesaid,  may  have  and  use  a  common  seal,  and 
the  same  alter  and  renew  at  pleasure;  shall  have  authority  to 
choose  all  such  officers,  and  make,  and  ordain,  all  such  by  laws  and 
regulations  as  may  seem  expedient  or  convenient  for  the  due  gov- 
ernment of  such  society,  and  the  management  of  their  funds.  Pro- 
vided such  by  laws  be  not  repugnant  to  the  constitution  and  laws 
of  this  State.  Provided  also,  That  if  any  person  shall  choose  to 
separate  himself  from  such  society  to  which  he  may  belong,  and 
shall  leave  a  written  notice  thereof  with  the  clerk  of  such  society, 
and  shall  have  paid  all  legal  assessments  and  arrearages  from  him 
due  to  such  society,  he  shall  thereupon  cease  to  be  a  member  of  said 
society,  and  be  no  longer  liable  for  any  future  expenses  which  may 
be  incurred  by  such  society. 

Section  3.  And  be  it  further  enacted,  That  any  religious  society 
in  this  State,  vested  with  corporate  powers  as  is  provided  by  this 
act,  shall  have  full  power  and  authority,  at  any  meeting  legally  not- 
ified and  holden  for  that  purpose,  to  assess  and  raise  money  by 
taxes  upon  the  polls  and  rateable  estate  of  the  members  of  such 
society,  and  shall  have  power  to  collect  and  appropriate  the  same 
for  the  purposes  aforesaid.  And  the  assessors  and  collectors  of 
such  societies  or  associations  shall  have  the  same  powers  in  assess- 
ing, and  collecting  taxes,  and  shall  be  subject  and  liable  to  the  same 
penalties,  as  similar  town  officers  have,  and  are  liable  to. 

Section  4.  And  be  it  further  enacted,  That  the  third  section  of 
the  act,  entitled  "an  act  in  amendment  of  an  act  entitled  an  act  for 
regulating  towns  and  the  choice  of  town  officers,"  passed  February 
8,  anno  Domini  1791,"  made,  and  passed  on  the  first  day  of  July 
1 819,  and  and  act  in  addition  to  and  in  amendment  of  the  last  men- 
tioned act,  passed  on  the  third  day  of  July  1823,  be,  and  they 
hereby  are  repealed.  Provided,  that  all  religious  societies  which 
may  have  been  formed  under  the  same  shall  continue  to  have  and 
enjoy  all  the  corporate  powers,  privileges  and  immunities  which 
they  could  or  would  have  had  and  enjoyed  if  they  had  been  formed 
under  this  act,  and  all  acts  done,  and  all  rights  acquired  under  the 
provisions  of  said  acts,  which  are  hereby  repealed,  by  said  societies 
or  by  individuals,  shall  be  and  remain  in  full  force  and  unimpaired 
by  this  act. 


632  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  37.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  for  the  punishment  of  certain  offences  therein 

NAMED. 

[Approved  July  3,  1827.  Acts,  vol.  24,  p.  161.  Session  Laws,  1827,  Chap. 
2,7.  Laws,  1830  ed.,  p.  83.  See  also  act  of  June  28,  1834,  Session  Laws,  1834, 
Chap.  190.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes 
(1842) ,  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  if  any  person  shall 
wantonly  and  maliciously  break  down,  cut  up,  pluck  up  or  other- 
wise injure  or  destroy  any  tree  or  trees,  planted  or  growing,  either 
for  use  or  ornament,  in  any  garden,  field,  walk,  yard,  street,  square 
or  road,  or  shall  aid  or  assist  therein,  or  procure  the  same  to  be 
done,  such  person,  upon  conviction  thereof  before  the  Justices  of 
the  Superior  Court  of  Judicature,  shall  be  punished  by  imprison- 
ment in  the  common  gaol  for  a  term  not  less  than  ten  days  nor 
more  than  twelve  months,  or  by  fine  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars,  according  to  the  aggravation  of  the 
offence.  Provided  that  no  costs  shall  be  allowed  to  the  prosecutor 
in  any  prosecution  arising  under  the  provisions  of  this  act,  unless 
the  Court  shall  certify  that  such  prosecution  was  commenced  for  a 
sufficient  cause  and  from  justifiable  motives. 

Section  2.  And  be  it  further  enacted,  That  this  act  shall  not 
take  effect  until  the  first  day  of  September  next. 


[CHAPTER  38.] 


State  oj  } 

Nciv  Hampshire.  \ 


An  Act  relating  to  Proprietary  Records. 

[Approved  July  3,  1827.  Acts,  vol.  24,  p.  163.  Session  Laws,  1827,  Chap. 
38.  Laws,  1830  ed.,  p.  118.  This  act  repeals  act  of  July  6,  1826,  aw*e  n.  531. 
See  also  act  of  July  3,  1839,  Session  Laws,  1839,  Chap.  436.  Repealed  by  act 
of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  be  the  duty  of 
every  person  in  this  State,  not  being  a  proprietors'  clerk,  nor  being 
the  clerk  of  any  town,  having  in  his  or  her  possession,  the  proprie- 
tary records  or  any  parts  thereof  of  any  town  in  this  State,  so 
connected  with  the  proprietary  records  of  any  other  town  or  place, 


LAWS  OF   NEW  HAMPSHIRE  633 

that  they  cannot  be  separated  therefrom  without  injury,  to  deposite 
all  such  records,  either  in  the  office  of  the  town  clerk  of  some  one 
of  the  towns  first  incorporated,  to  which  such  records  may  relate, 
or  in  the  office  of  the  Seretary  of  State,  within  three  months  after 
the  passage  of  this  act,  or  within  three  months  from  the  time  such 
records  may  hereafter  come  to  his  or  her  possession,  on  penalty  of 
forfeiting  the  sum  of  one  hundred  dollars  to  the  use  of  any  person 
who  may  sue  for  the  same,  to  be  recovered  in  an  action  of  debt. 

Section  2.  And  be  it  further  enacted,  That  after  such  records 
shall  be  deposited  in  the  office  of  the  town  clerk  as  aforesaid,  or  of 
the  Secretary  of  State  it  shall  be  the  duty  of  such  town  clerk,  or 
Secretary,  as  the  case  may  be,  to  make  and  certify  copies  thereof, 
or  any  part  thereof,  for  the  use  of  any  person  applying  for  the 
same;  and  such  copies  shall  be  received  and  used  in  all  Courts,  and 
all  other  places,  as  duly  authenticated  copies  of  such  records. 

Section  3.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  in  addition  to  an  act  regulating  proprietary  matters,"  passed 
July  6.  1826,  be,  and  the  same  is  hereby  repealed:  Provided  how- 
ever, That  such  repeal  shall  not  be  construed  to  affect  any  action 
now  pending  for  the  recovery  of  any  forfeiture  incurred  under  said 
act. 

[CHAPTER  39.] 

State  of         } 
New  Hampshire.  \ 

An  Act  to  establish  a  corporation  by  the  name  of  the  Amos- 
keag  Fire  Engine  Company  number  one  in  Goffstown. 

[Approved  July  3,  1827.     Acts,  vol.  24,  p.  165.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Mayo  Pond,  Charles 
Morgan,  and  John  T.  Morgan,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Amoskeag  Fire 
Engine  Company  number  one  in  Goffstown,  and  are  vested  with 
all  the  powers  and  privileges  incident  to  corporations  of  a  similar 
nature. 

Section  2.  And  be  it  further  enacted,  That  said  corporation  are 
hereby  authorised  to  acquire  and  hold  real  and  personal  estate  for 
the  purposes  of  their  association,  not  exceeding  in  value  one  thou- 
sand dollars,  and  the  same  may  dispose  of  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  Mayo  Pond  may 
call  the  first  meeting  of  said  corporation  at  any  suitable  time  and 
place  in  Goffstown  in  the  County  of  Hillsborough,  by  giving  to  the 
members  thereof  at  least  three  days  personal  notice  of  the  time,  and 
place,  and  object,  of  said  meeting. 


634  LAWS   OF   NEW   HAMPSHIRE 

[CHAPTER  40.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Trustees  of  the  Methodist  Epis- 
copal Meeting  house  at  Lamprey  River  Village  in  New 
Market. 

[Approved  July  3,  1827.     Acts,  vol.  24,  p.  177.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Brodhead,  Ben- 
jamin Mathes,  Junior,  Elhanen  W.  Fenner,  Joseph  H.  Smith,  John 
C.  Fowler,  Robert  Mathes,  and  Benjamin  Smith,  are  hereby  made 
a  body  corporate,  by  the  name  of  the  Trustees  of  the  Methodist 
Episcopal  Meeting  house,  at  Lamprey  River  Village  in  New 
Market,  and  in  their  corporate  capacity  are  authorized  to  receive 
by  gift,  grant,  devise  bequest,  or  otherwise,  and  hold  any  estate, 
real,  personal  or  mixed,  to  any  amount  not  exceeding  five  thousand 
dollars,  to  be  invested  in  a  meeting  house,  necessary  common 
around  it,  and  out  buildings,  to  be  held  in  trust  for  the  sole  use 
and  benefit  of  the  persons  interested  therein,  and  are  vested  with 
all  the  powers  and  privileges,  and  made  subject  to  all  the  duties 
and  liabilities  of  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said, and  their  successors,  shall  be  the  true  and  sole  trustees  and 
governors  of  said  corporation,  with  continuance  and  succession  for- 
ever; four  of  whom  shall  constitute  a  quorum  for  the  transaction 
of  business;  and  as  often  as  any  vacancy  or  vacancies  shall  occur 
by  death,  resignation  or  otherwise,  in  said  board  of  trustees,  a 
majority  of  the  trustees  remaining  or  surviving,  shall  elect  one 
person  or  more,  to  fill  such  vacancy  or  vacancies,  at  their  next 
annual  meeting,  or  at  a  special  meeting,  called  for  that  purpose. 

Section  3.  And  be  it  further  enacted,  That  John  Brodhead  may 
call  the  first  meeting  of  said  trustees  by  giving  to  each  of  them, 
personal  notice  of  the  time,  place  and  object  thereof  three  days  at 
least  prior  to  said  meeting. 


LAWS  OF   NEW   HAMPSHIRE  635 

[CHAPTER  41.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Boscawen  Aqueduct  Corporation. 

[Approved  July  4,  1827.     Acts,  vol.  24,  p.  179.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  James  West,  Benjamin 
Morrill,  Joseph  Chadwick  and  Worcester  Webster,  and  their  asso- 
ciates and  successors,  be,  and  they  hereby  are,  incorporated  and 
made  a  body  corporate  and  politic  by  the  name  of  the  Boscawen 
Aqueduct  corporation,  and  in  that  name  may  sue  and  be  sued, 
prosecute  and  defend  to  final  judgment  and  execution:  And  shall 
be  and  hereby  are  invested  with  all  the  powers  and  privileges, 
which  by  law  are  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  James 
West  and  Benjamin  Morrill  may  call  a  meeting  of  said  corpora- 
tion, by  posting  up,  at  some  public  place  in  said  Boscawen,  a  notice 
for  that  purpose,  four  days  before  said  day  of  meeting;  at  which 
meeting  said  proprietors  may  choose  a  clerk,  who  shall  be  sworn  to 
the  faithful  discharge  of  the  duties  of  his  office;  and  may  also 
agree  upon  the  method  of  calling  future  meetings;  and  may  at  the 
same  or  at  any  subsequent  meeting  elect  such  officers,  and  make 
and  establish  such  rules  and  regulations  for  assessing  and  collecting 
the  assessments  on  the  shares  in  said  corporation  as  to  them  shall 
seem  necessary  and  convenient;  provided  that  such  rules  and  reg- 
ulations be  not  repugnant  to  the  constitution  and  laws  of  this  State. 

Section  3.  And  be  it  further  enacted,  That  said  corporation 
may  by  deed  take,  hold  and  enjoy,  all  such  real  estate  as  may  be 
conveyed  to  them,  and  may  be  necessary  and  convenient  to  them 
in  laying  down  the  said  Aqueduct,  and  may  take,  hold  and  enjoy 
personal  estate  not  exceeding  one  thousand  dollars  in  amount,  and 
the  same  may  sell  and  dispose  of  at  pleasure. 


636  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  42.] 

State  oj  I 

Neiv  Hampshire.  \ 

An  Act  regulating  the  selection  and  services  of  grand  and 
petit  jurors. 

[Approved  July  4,  1827.  Acts,  vol.  24,  p.  181.  Session  Laws,  1827,  Chap. 
42.  Laws,  1830  ed.,  p.  464.  This  act  repeals  acts  of  June  17,  1785,  Laws  of 
New  Hampshire,  vol.  5,  p.  67;  February  8,  1791,  id.,  p.  584;  December  6, 
1800,  id.,  vol.  6,  p.  655;  December  10,  1800,  id.,  p.  677;  June  19,  1806,  id.,  vol.  7, 
p.  536;  December  20,  1808,  id.,  p.  731,  and  November  5,  1813,  id.,  vol.  8,  p.  277. 
Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  from  and  after  the  passing  of  this 
act  it  shall  be  the  duty  of  the  Selectmen  of  each  town,  and  each 
place  having  the  privileges  and  powers  of  a  town  to  make  a  list 
annually  in  the  month  of  December  of  such  persons  being  inhabi- 
tants of  their  respective  towns,  of  good  moral  character,  and  having 
a  freehold  of  the  value  of  one  hundred  and  fifty  dollars,  or  other 
estate  of  the  value  of  two  hundred  dollars,  as  they  shall  judge  most 
suitable  and  best  qualified  to  serve  as  jurors,  excepting  the  Gov- 
ernor, the  Judges  and  clerks  of  the  common  law  courts,  the  secre- 
tary and  treasurer  of  the  State,  judges  and  registers  of  probate, 
registers  of  deeds,  sheriffs  and  their  deputies,  counsellors  and  at- 
torneys at  law,  ordained  ministers,  and  practicing  physicians  and 
surgeons.  Provided  however,  That  said  list  shall  in  no  case  con- 
tain the  names  of  more  than  twelve  persons,  in  towns  containing 
less  than  one  hundred  and  fifty  rateable  polls,  twenty  in  all  other 
towns  containing  less  than  three  hundred,  twenty  five  in  all  other 
towns  containing  less  than  four  hundred,  thirty  in  all  other  towns 
containing  less  than  twelve  hundred,  and  forty  in  all  ether  towns 
containing  more  than  twelve  hundred  rateable  polls;  and  said  list 
shall  contain  as  nearly  as  may  be  the  above  numbers.  And  the  list 
thus  annually  made  by  the  selectmen  shall  be  by  them  kept,  and 
delivered  over  to  their  successors  in  office.  And  the  selectmen  shall 
write  the  names  of  the  persons  on  said  list  upon  separate  pieces  of 
paper  and  put  them  into  a  box  to  be  provided  by  said  selectmen  for 
that  purpose;  which  box  shall  be  delivered  to  the  clerk  of  the  town 
or  place  to  be  by  him  kept  under  lock. 

Section  2.  And  be  it  further  enacted,  That  the  venire  facias,  for 
jurors,  shall  be  issued  by  the  clerks  of  the  Superior  court  of  judi- 
cature, and  of  the  Court  of  Common  Pleas  forty  days  at  least  before 
the  day  of  the  sitting  of  the  court  to  which  it  is  returnable;  and 
shall  be  directed  to  the  clerk  of  the  town  or  place,  requiring  him 
to  cause  so  many  persons  to  be  selected  and  returned,  of  those 


LAWS   OF   NEW  HAMPSHIRE  637 

duly  qualified  within  the  town  or  place  of  which  he  is  clerk, 
as  shall  be  mentioned  in  the  venire;  and  the  clerks  of  the 
respective  courts  shall  deliver  the  venires  for  the  selection  of  jurors 
to  the  town  clerks  to  whom  they  may  be  directed  at  least  twenty 
five  days  before  the  sitting  of  the  court  to  which  they  may  be 
returnable,  or  to  the  sheriff  of  the  county,  at  least  forty  days  before 
the  sitting  of  the  same  court.  And  the  sheriff  shall  cause  all  venires 
which  may  be  seasonably  delivered  to  him,  to  be  delivered  to  the 
town  clerks  respectively  at  least  twenty  five  days  before  the  sitting 
of  the  court  to  which  they  may  be  returnable.  And  if  any  clerk  or 
sheriff  shall  make  default  herein,  he  shall  be  fined  by  the  court, 
where  the  same  default  shall  be  made  for  each  offence  in  a  sum  not 
exceeding  twenty  dollars.  And  the  town  clerk  upon  receiving  the 
venire  shall  by  warrant  under  his  own  hand  notify  in  the  usual 
form  and  manner  the  inhabitants  of  the  town  qualified  to  vote  in 
town  affairs,  and  particularly  the  selectmen,  whose  duty  it  shall 
be  to  attend,  to  assemble  and  be  present  at  the  selection  of  the  num- 
ber of  jurors  mentioned  in  the  venire;  which  meeting  shall  be  held, 
not  more  than  twenty  nor  less  than  six  days  before  the  sitting  of 
the  court  to  which  the  venire  shall  be  returnable. 

Section  3.  And  be  it  further  enacted,  That  for  the  more  orderly 
proceeding  at  such  meeting,  the  qualified  voters  in  town  affairs 
who  shall  be  present,  shall  choose  a  suitable  person  to  be  moderator 
of  the  meeting,  and  until  a  moderator  shall  be  chosen,  the  town 
clerk,  whose  duty  it  shall  be  to  attend  the  meeting,  or  in  case  of  his 
absence  one  of  the  selectmen,  shall  govern  the  meeting.  And  that 
a  selection  of  jurors  may  be  fairly  and  impartially  made,  the  town 
clerk,  or  in  case  of  his  absence  one  of  the  selectmen,  shall  carry  into 
the  said  meeting  the  said  box,  locked,  which  shall  be  there  un- 
locked, and  the  pieces  of  paper  containing  the  names  as  aforesaid 
mixed  by  the  town  clerk  or  one  of  the  selectmen;  and  the  moder- 
ator of  the  meeting  shall  draw  from  the  box,  which  shall  be  held  at 
the  time  by  the  town  clerk  or  one  of  the  selectmen,  in  such  manner 
that  the  pieces  of  paper  containing  the  names  as  aforesaid  cannot 
be  seen  by  the  moderator,  so  many  pieces  of  paper  as  there  shall 
be  jurors  required  by  the  venires.  And  the  persons,  whose  names 
shall  be  upon  the  pieces  of  paper  thus  drawn  shall  be  returned  to 
serve  as  jurors.  And  the  town  clerk  shall  make  a  record  of  the  do- 
ings of  the  said  meeting  which  shall  state  the  time  of  holding  it, 
the  name  of  the  moderator  and  the  name  or  names  of  the  person  or 
persons  drawn  to  serve  as  jurors  as  aforesaid.  And  the  persons, 
whose  names  may  be  thus  drawn  shall  not  have  their  names  again 
in  said  box  at  any  time  within  two  years  from  the  time  when  they 
may  be  so  drawm  as  aforesaid. 

Section  4.  And  be  it  further  enacted,  That  previously  to  the 
carrying  of  the  said  box  into  any  meeting  as  aforesaid,  the  select- 
men shall  inspect  the  list  of  persons  whose  names  are  in  the  box. 


638  LAWS  OF   NEW  HAMPSHIRE 

and  if  any  person  or  persons,  whose  name  or  names  may  be  upon 
said  list  and  may  have  been  put  into  the  box  as  aforesaid,  shall 
have  deceased,  have  removed  from  the  town,  or  become  in  any  way 
disqualified,  unable  or  unfit  to  serve  as  a  juror,  the  name  or  names 
of  such  person  or  persons  shall  be  withdrawn  from  the  box,  and 
the  names  of  other  persons  duly  qualified  substituted. 

Section  5.  And  be  it  further  enacted,  That  the  town  clerk  shall 
send  a  notice  in  writing,  by  the  hand  of  the  constable,  or  deliver  the 
same,  to  the  person  or  persons  selected  as  aforesaid,  which  notice 
shall  be  delivered  to  them  respectively  or  left  at  their  respective 
places  of  abode  at  least  four  days  before  the  sitting  of  the  court  at 
which  they  are  to  serve,  and  shall  state  the  time  when  their  names 
were  drawn,  the  court  at  which  they  are  to  attend  and  the  day  and 
hour  when  they  are  to  appear.  And  the  town  clerk  shall  certify 
to  the  clerk  of  the  court  from  which  the  venire  issued,  on  the  back 
thereof,  the  names  of  the  persons  selected  to  serve  as  aforesaid, 
and  that  they  have  been  notified  as  aforesaid,  and  shall  cause  the 
venire  to  be  returned  to  the  clerk  of  the  court  at  or  before  the  hour 
when  the  jurors  may  have  been  notified  to  attend  as  aforesaid. 

Section  6.  And  be  it  further  enacted,  That  if  any  person  se- 
lected and  notified  as  aforesaid,  to  attend  as  aforesaid,  shall  unnec- 
essarily and  without  sufficient  cause  neglect  to  attend  agreeably  to 
the  notice  given  to  him,  he  shall  be  fined  by  the  court  by  whose 
order  the  venire  issued  in  a  sum  not  exceeding  twenty  dollars. 

Section  7.  And  be  it  further  enacted,  That  if  any  town  clerk, 
having  received  such  precept  from  the  clerk  of  either  of  the  courts 
aforesaid,  shall  neglect  to  warn  a  meeting  of  the  inhabitants  of  his 
town  qualified  as  aforesaid,  or  shall  neglect  to  notify  and  summon 
the  persons  selected  as  jurors  as  aforesaid,  or  shall  not  make  due 
return  of  the  precept  to  him  directed  with  his  doings  thereon,  he 
shall  pay  such  fine  as  the  court,  by  whose  order  the  venire  issued, 
in  their  discretion,  may  impose,  not  exceeding  twenty  dollars.  And 
if  the  selectmen  of  any  town  shall  wilfully  neglect  to  make  a  list 
as  aforesaid,  or  to  put  the  names  of  the  persons  upon  the  list  into 
the  box  as  aforesaid,  or  shall  neglect  to  regulate  the  box  as  afore- 
said, previously  to  its  being  carried  into  any  meeting,  or  shall  put 
upon  the  list  a  greater  number  of  names  than  is  by  law  allowed, 
or  shall  put  into  the  box  the  name  of  any  person  not  duly  qualified, 
or  shall  put  upon  the  list  the  name  of  any  person  at  his  own  re- 
quest, or  at  the  request  of  any  other  person,  or  shall  withdraw 
from  the  box  within  the  year  the  name  of  any  person  who  shall 
have  been  legally  put  upon  the  list  without  sufficient  cause,  or  shall 
be  guilty  of  any  fraud  or  collusion  with  respect  to  the  drawing 
of  the  jurors  to  serve  as  aforesaid,  every  selectman  so  offending 
shall  forfeit  the  sum  of  fifty  dollars  for  each  offence  to  be  recovered 
by  indictment,  for  the  use  of  the  town  where  the  offence  shall  be 
committed.    And  if  any  moderator  of  any  meeting  held  for  the  pur- 


LAWS   OF   NEW  HAMPSHIRE  639 

pose  aforesaid  shall,  at  such  meeting,  draw  from  the  box  a  greater 
number  of  names  than  the  number  mentioned  in  the  venire,  or  shall 
be  guilty  of  any  fraud  or  collusion  in  drawing  the  same,  or  shall 
return  to  the  box  any  name  duly  drawn  and  draw  another  in  lieu 
of  it,  every  moderator  so  offending  shall  forfeit  for  each  and  every 
such  offence  the  sum  of  fifty  dollars,  to  be  recovered  by  indictment 
for  the  use  of  the  town  where  the  offence  shall  be  committed. 

Section  8.  And  be  it  further  enacted,  That  if  a  sufficient  num- 
ber of  grand  jurors  do  not  appear,  the  court  may  order  the  sheriff 
to  return  grand  jurors  of  such  persons  present  as  occasion  shall 
require,  and  the  court  shall  judge  necessary;  provided  the  number 
wanted  do  not  exceed  five;  and  the  sheriff  is  hereby  ordered  and 
directed  to  do  the  same  accordingly. 

Section  9.  And  be  it  further  enacted,  That  the  Justices  of  the 
respective  courts  aforesaid  are  hereby  directed  upon  motion  from 
either  party  in  the  cause  to  be  tried,  to  put  a  juror  to  answer  upon 
oath,  whether  returned  as  aforesaid  or  as  a  talisman,  whether  he  ex- 
pects to  gain  or  lose  by  the  issue  of  the  cause  then  pending? 
whether  he  is  in  any  way  related  to  either  party?  and  whether  he 
has  been  of  counsel  to  either  party,  or  directly  or  indirectly  given 
his  opinion,  or  is  sensible  of  any  prejudice  in  the  cause?  And  if 
it  shall  appear  to  the  court  that  such  juror  does  not  stand  indif- 
ferent in  said  cause,  he  shall  be  set  aside  from  the  trial  of  that 
cause  and  another  appointed  in  his  stead.  And  the  Sheriff  and 
coroner  respectively  are  hereby  authorized  to  fill  up  a  jury  by  re- 
turning talismen  as  the  case  may  require 

Section  10.  And  be  it  further  enacted,  That  upon  any  emer- 
gency a  sufficient  number  of  jurors  may  be  appointed  and  sum- 
moned while  said  courts  respectively  are  sitting.  And  the  venire 
shall  be  issued  to  the  clerk  of  the  town  or  place  immediately,  and 
the  names  drawn  according  as  this  act  directs.  And  in  such  cases 
the  clerk  of  the  town  or  place  shall  warn  a  meeting  forthwith,  and 
the  number  of  jurors  required  in  the  venire  shall  be  immediately 
drawn  as  aforesaid,  and  notified  to  attend  the  service  of  the  court 
from  whence  the  venire  issued,  which  shall  be  returned  as  soon  as 
may  be.  And  the  jurors  so  appointed  and  notified  shall  immedi- 
ately attend  accordingly,  on  the  pains  and  penalties  aforesaid  in 
case  of  neglect  so  to  do.  And  the  town  clerks  shall  be  paid  for 
the  services  enjoined  them  by  this  act  what  is  reasonable,  by  the 
towns  and  places  in  which  they  serve  yearly. 

Section  11.  And  be  it  further  enacted.  That  the  number  of 
jurors  to  be  summoned  at  each  term,  and  the  towns  to  which  the 
venires  shall  be  directed  for  that  purpose,  shall  be  regulated  by  the 
said  courts  respectively.  Provided,  that  each  town  in  the  respective 
counties,  shall  be  required  in  the  course  of  each  year  to  furnish  its 
due  proportion  of  jurors.  And  each  talisman  shall  be  allowed  the 
sum  of  one  dollar  and  twenty  five  cents  for  each  day's  attendance. 


64O  LAWS  OF   NEW  HAMPSHIRE 

Section  12.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  regulating  the  choice  and  service  of  grand  jurors"  passed  on  the 
eighth  day  of  February  1791;  an  act  entitled  "an  act  relative  to 
grand  jurors"  passed  on  the  sixth  day  of  December  1800;  an  act 
entitled  "an  act  directing  the  appointment  and  choice  of  grand 
jurors"  passed  on  the  twentieth  day  of  December  1808;  an  act 
entitled  "an  act  directing  and  regulating  the  appointment  and 
choice  of  petit  jurors,"  passed  on  the  seventeenth  day  of  June  1785; 
an  act  entitled  "an  act  making  compensation  to  grand  and  petit 
jurors"  passed  on  the  tenth  day  of  December  1800;"  an  act  en- 
titled "an  act  to  repeal  the  last  section  of  an  act  entitled  an  act 
making  compensation  to  grand  and  petit  jurors,"  passed  on  the 
nineteenth  day  of  June  1806;  and  an  act  entitled  "an  act  in  amend- 
ment of  the  laws  now  in  force  directing  and  regulating  the  appoint- 
ment and  choice  of  grand  and  petit  jurors,"  passed  on  the  fifth  day 
of  November  1813,  be  and  they  are  hereby  repealed.  Provided 
however,  That  this  act  shall  not  be  in  force  and  take  effect  until 
the  first  day  of  December  next. 


[CHAPTER  43.] 

State  of  } 

New  Hampshire.  \ 

An  Act  for  raising  forty  thousand  dollars  for  the  use  of 
the  State. 

[Approved  July  5,  1827.  Acts,«vol.  24,  p.  197.  Session  Laws,  1827,  Chap. 
43-] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  there  shall  be  raised  for  the  use  of 
this  State,  the  sum  of  forty  thousand  dollars,  which  sum  shall  be 
assessed,  collected,  and  paid  into  the  Treasury,  on  or  before  the 
first  day  of  December  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty  eight.  And  the  Treasurer  is  hereby  directed 
seasonably  to  issue  his  warrants  to  the  Selectmen  or  Assessors  of 
the  several  towns,  parishes  and  districts  within  this  State,  accord- 
ing to  the  last  proportion  act;  and  the  said  Selectmen  and  Assess- 
ors, are  hereby  respectively  required  to  assess  the  sums  specified  in 
the  warrants  of  the  Treasurer,  and  to  cause  the  same  to  be  paid 
into  the  Treasury  on  or  before  the  first  day  of  December,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  twenty  eight. 
And  the  Treasurer  may  issue  extents  for  all  taxes  which  shall  then 
remain  unpaid. 


LAWS  OF   NEW   HAMPSHIRE  64  l 

[CHAPTER  44.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  establishing  the  times  and  places  of  holding  Pro-' 
bate  Courts  within  and  for  the  County  of  Rockingham 

[Approved  July  5,  1827.  Acts,  vol.  24,  p.  199.  Session  Laws,  1827,  Chap. 
44.  See  acts  of  June  29,  1819,  Laws  of  New  Hampshire,  vol.  8,  p.  811; 
December  15,  1824,  ante,  p.  318;  July  6,  1826,  ante,  p.  532;  June  16,  1831, 
Session  Laws,  183 1,  Chap.  24;  June  23,  1832,  id.,  1832,  Chap.  82,  and  July  2, 
1833,  id.,  1833,  Chap.  120.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  Probate  Court 
within  and  for  the  County  of  Rockingham,  shall  hereafter  be  holden 
at  the  following  times  and  places  in  said  County.  At  Exeter,  on 
the  Wednesday  following  the  second  Tuesday  in  each  and  every 
month.  At  Portsmouth,  on  the  second  Tuesday  of  January,  March, 
May,  July,  September  and  November.  At  Derry  on  the  first  Tues- 
day of  January,  on  the  Thursday  next  following  the  first  Tuesday 
of  May;  and  on  the  first  Tuesday  of  September  annually.  At 
Deerfield  on  Wednesdays  following  the  first  Tuesdays  of  January, 
May  and  September. 

Section  2.  And  be  it  further  enacted,  That  such  part  or  parts, 
of  all  acts  and  resolves,  as  direct  the  Probate  Court  for  the  County 
of  Rockingham  to  be  held  at  other  times,  and  places,  than  are  hereby 
appointed,  be  and  the  same  are  hereby  repealed. 

Section  3d  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Judge  and  Register  of  Probate,  within  and  for  the  County  of 
Rockingham,  to  attend  at  the  several  times  and  places  mentioned  in 
the  preceeding  section  for  holding  said  Probate  court;  and  the  said 
Judge  may  adjourn  the  said  Court  from  day  to  day,  as  he  may 
consider  necessary.  Provided  however  that  this  act  shall  not  be 
in  force  until  the  first  day  of  September  next. 


41 


642  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  45.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  prescribing  the  duty  and  directing  the  mode  of 
choosing  Register  of  deeds  and  County  Treasurers,  and 
providing  for  the  payment  of  county  expences. 

[Approved  July  5,  1827.  Acts,  vol.  24,  p.  201.  Session  Laws,  1827,  Chap. 
45.  Laws,  1830  ed.,  p.  469.  This  act  repeals  acts  of  June  8,  1791,  Laws  of 
New  Hampshire,  vol.  5,  p.  743,  June  12,  1801,  id.,  vol.  7,  p.  23;  June  10,  1802, 
id.,  p.  54;  December  13,  1804,  id.,  p.  349;  June  29,  1815,  id.,  vol.  8,  p.  453;  June 
26,  1823,  ante,  p.  202,  and  July  3,  1823,  ante,  p.  247.  See  also  acts  of  June 
23,  1818,  Laws  of  New  Hampshire,  vol.  8,  p.  690;  June  24,  1823,  ante,  p.  202, 
and  June  25,  1830,  Session  Laws,  1830,  Chap.  8.  Repealed  by  act  of  Decem- 
ber 2^,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  be  chosen 
annually  on  the  second  Tuesday  of  March,  in  each  County  in  this 
State  by  the  written,  or  printed,  votes  of  such  inhabitants  of  the 
several  towns  in  said  Counties  respectively  as  are  by  the  constitu- 
tion qualified  to  vote  for  senators,  a  register  of  deeds,  and  a  county 
treasurer.  And  the  meetings  of  the  said  inhabitants  for  the  pur- 
pose aforesaid  shall  be  duly  warned  and  holden  in  their  respective 
towns,  and  be  governed  by  a  moderator,  who  shall  in  the  presence 
of  the  selectmen,  whose  duty  it  shall  be  to  attend,  in  open  meeting, 
receive  the  votes  of  all  the  inhabitants  present  and  qualified  as 
aforesaid,  and  shall  in  presence  of  the  selectmen  and  of  the  town 
clerk,  in  open  meeting  sort  and  count  the  said  votes,  and  make  a 
public  declaration  thereof  with  the  name  of  every  person  voted  for 
and  the  number  of  votes  for  each  person,  and  the  town  clerk  shall 
make  a  fair  record  of  the  same  at  large  in  the  town  book,  and  shall 
make  out  a  fair  attested  copy  thereof  to  be  by  him  sealed  up  and 
directed  to  the  justices  of  the  Court  of  Common  Pleas  in  the  same 
County,  with  a  superscription  expressing  the  purport  thereof,  and 
shall  transmit  the  same  to  the  said  justices  on  the  first  day  of  the 
sitting  of  said  Court  at  the  stated  term  next  after  the  month  of 
March  in  every  year.  And  the  votes  being  examined  by  said  Court, 
the  person  having  the  highest  number  of  votes  for  either  of  said 
offices  shall  be  declared  duly  elected,  and  shall  continue  in  office  one 
year  from  the  time  of  declaring  the  election,  and  until  some  person 
be  chosen  and  qualified  to  enter  upon  the  duties  of  thp  office. 

Section  2.  And  be  it  further  enacted,  That  if  it  shall  so  hanDpn 
at  any  time  that  two  or  more  persons  of  those  having:  the  hio-h^st 
number  of  votes,  for  either  of  said  offices,  shall  have  an  equal 
number  of  votes  the  said  court  of  Common  Pleas  shall  appoint  one 
of  the  persons  so  having  an  equal  number  of  votes,  who  shall  be 
declared  duly  elected. 


LAWS  OF   NEW  HAMPSHIRE  643 

Section  3.  And  be  it  further  enacted,  That  no  person  shall  be 
eligible  to  either  of  said  offices  who  shall  not  be  at  the  time  of  his 
election  a  freeholder  and  resident  in  the  County  in  which  he  is 
chosen;  and  no  person  shall  be  considered  as  qualified  to  enter  upon 
the  duties  of  either  of  said  offices  until  he  shall  have  taken  the 
oath  by  law  prescribed  for  civil  officers,  and  have  given  bond  for  the 
faithful  discharge  of  the  trust  with  such  sureties  and  in  such  penal 
sum  as  the  said  Court  shall  order;  which  sum  shall  in  no  case  be 
less  than  two  thousand  dollars  nor  more  than  fifty  thousand  dol- 
lars. 

Section  4.     And  be  it  further  enacted,  That  the  said  Court  of 
Common  Pleas  shall  have  power  to  remove  from  office  any  person 
holding  either  of  said  offices  for  misconduct  in  the  discharge  of  the 
duties  thereof;  and  to  declare  said  offices  vacant,  whenever  the  per- 
sons holding  the  same  shall  die,  remove  from  the  County,  or  be- 
come non  compos  mentis.    And  in  case  the  person  chosen  into  either 
of  said  offices  in  either  of  the  ways  before  mentioned,  shall  decline 
to  accept  the  office  to  which  he  may  be  elected,  or  shall  be,  at  the 
time  of  declaring  such  choice,  non  compos  mentis,  or  shall  at  said 
time  have  removed  from  the  County,  or  shall  have  died  before 
said  choice  is  declared,  and  also  in  case  of  the  death,  resignation, 
or  removal  from  office  of  any  person  holding  either  of  said  offices, 
the  said  Court  of  Common  Pleas  shall  appoint  some  person  to  take 
the  charge  of  the  papers   and  books  belonging   to   the   office   so 
vacant,  and  to  perform  the  duties  of  the  same  office  until  a  reg- 
ister of  deeds  or  treasurer  can  be  legally  chosen  by  the  people. 
And  the  person  so  appointed  shall  be  a  freeholder  and  resident 
in  the  county  and  shall  before  he  begins  the  discharge  of  said 
duties  be  sworn  and  give  bonds  in  the  same  manner  that  registers 
of  deeds  and  County  treasurers  are  herein-before  required  to  be 
sworn  and  to  give  bonds.    And  the  person  so  performing  the  duties 
of  either  of  said  offices  shall  be  entitled  to  all  the  emoluments  b°- 
longing  to  the  same.     And  whenever  it  rrmv  be  necpssarv  in  the 
opinion  of  the  chief  or  first  justice  of  said  Court  of  Common  Pleas, 
to  appoint  a  special  session  of  the  same  Court,  for  the  purpose  of 
examining  and  determining  the  necessity  of  declaring  either  of  said 
offices  vacant  in  any  County  the  said  chief  or  first  justice  is  hereby 
authorized  to  appoint  such  special  session  to  be  holden  at  some 
convenient  place  either  in  the  County  where   it  may  be  deemed 
necessary  to  declare  such  vacancy  to  exist,  or  in  any  other  County; 
and  any  two  or  more  of  the  justices  of  said  Court,  convened  at  such 
session  shall  in  the  cases  aforesaid  have  authoritv  to  declare  either 
of  said  offices  vacant  in  any  County,  and  to  appoint  some  person  as 
aforesaid  to  execute  the  duties  of  the  office  as  aforesaid. 

Section  5.  And  be  it  further  enacted,  That  the  bonds  to  be 
given  by  the  register  of  deeds,  or  bv  the  person  appointed  as  afore- 
said to  perform  the  duties  of  the  office,  shall  be  given  to  the  County 


644  LAWS  OF   NEW  HAMPSHIRE 

by  its  corporate  name  and  shall  be  for  the  benefit  of  the  person  or 
persons  injured  by  the  misconduct  of  the  register  of  deeds  in  his 
said  office,  or  of  the  person  performing  the  duties  of  said  office  as 
aforesaid;  and  shall  be  put  in  suit  by  order  of  the  Court  of  Com- 
mon Pleas,  and  execution  shall  issue  from  time  to  time  for  all  such 
sums  as  any  person  or  persons  shall  have  recovered  judgment  for 
against  such  register  of  deeds,  or  such  person  executing  the  duties 
of  the  office  as  aforesaid,  and  for  which  they  shall  not  have  other- 
wise obtained  satisfaction.  And  the  bonds  given  by  the  County 
treasurer,  or  the  person  appointed  as  aforesaid  to  perform  the 
duties  of  the  office,  shall  be  given  to  the  County,  by  its  corporate 
name,  and  shall  be  for  the  use  of  the  County  and  shall  be  put  in 
suit  by  order  of  the  said  Court  and  execution  shall  issue  on  any 
judgment  obtained  thereon  for  all  such  sums  not  exceeding  the 
amount  of  such  judgment  as  the  treasurer  shall  be  in  arrear  in 
his  account  with  the  county,  and  the  suit  shall  be  commenced  in  an 
adjacent  County.  And  the  bonds  given  by  the  register  of  deeds  or 
by  the  person  appointed  as  aforesaid  to  perform  the  duties  of  the 
office,  and  the  bonds  given  by  the  County  treasurer,  or  by  the 
person  appointed  as  aforesaid  to  do  the  duties  of  the  office  of 
County  treasurer  shall  be  lodged  with  the  clerk  of  said  Court. 

Section  6.  And  be  it  further  enacted,  That  no  clerk  of  any 
Court  in  this  State  shall  at  the  same  time  be  register  of  deeds  and 
county  treasurer,  nor  shall  any  person  be  at  the  same  time  register 
of  Deeds  and  County  Treasurer 

Section  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  register  of  deeds  to  keep  his  office  open  daily  in  the  same 
County,  Sundays  excepted,  and  to  keep  the  books,  records,  files  and 
papers,  to  the  said  office  belonging,  and  for  the  fees  by  law  estab- 
lished, to  record  all  deeds  and  instruments  in  said  office  to  be 
recorded,  that  shall  be  brought  to  him  for  that  purpose;  and  every 
deed  received  and  filed  by  the  register  of  deeds  shall  be  recorded 
by  him,  and  he  shall  not  suffer  the  same  to  be  taken  out  of  the  office 
until  the  same  be  recorded 

Section  8.  And  be  it  further  enacted.  That  the  registers  of 
deeds  in  the  several  Counties  be  directed  and  required  to  keep  a 
general  index  referring  to  deeds.  The  index  shall  contain  two  lists 
one  to  consist  of  all  the  names  of  the  grantors  to  the  grantees,  the 
other  to  consist  of  all  the  names  of  the  grantees  from  the  grantors. 
And  as  often  as  any  deeds  are  recorded  and  at  the  time  of  record- 
ing the  same,  the  names  of  the  grantors  and  grantees  shall  be  added 
to  said  lists  as  aforesaid.  And  any  recorder  of  deeds  who  shall 
neglect  to  comply  with  these  directions  shall  forfeit,  for  each  and 
every  neglect  the  sum  of  twenty  dollars  to  be  recovered  by  an  action 
of  debt  in  the  name  of  the  treasurer  of  the  County  for  the  use  of 
the  County. 


LAWS  OF  NEW  HAMPSHIRE  645 

Section  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  County  treasurer  to  collect  and  receive  all  monies  belonging 
and  coming  to  the  county  and  to  improve  and  employ  the  same  for 
the  defraying  of  County  charges  in  the  manner  by  law  prescribed. 
And  the  said  county  treasurer  shall  render  a  true  account  to  said 
Court  of  Common  Pleas,  whenever  thereto  required,  of  all  sums  by 
him  as  county  treasurer  received  and  paid.  And  the  said  county 
treasurer  shall  issue  his  warrants  to  the  selectmen  of  the  several 
towns  and  places  in  his  County  liable  by  law  to  pay  state  taxes, 
requiring  them  to  assess  and  cause  to  be  collected  their  just  pro- 
portion of  all  such  sums  as  shall  be  legally  voted,  granted  and 
agreed  to  be  raised  as  a  tax  upon  the  same  County.  And  in  making 
said  proportion,  the  said  treasurer  shall  be  governed  by  the  existing 
laws  establishing  the  proportion  of  public  taxes  among  the  several 
towns  and  places  in  this  State.  And  the  said  treasurer  may  enforce 
the  collection  and  payment  of  said  several  sums  in  the  same  manner 
as  the  State  treasurer  may  and  can  by  law  enforce  the  collection 
and  payment  of  outstanding  state  taxes.  And  the  said  Court  of 
Common  Pleas  shall  make  the  said  County  treasurer  such  allow- 
ance for  his  services  in  said  office  as  to  said  Court  shall  seem  reason- 
able. 

Section  10  And  be  it  further  enacted,  That  the  order  of  the 
Superior  Court  of  Judicature  or  of  the  Court  of  Common  Pleas 
respectively  shall  be  a  sufficient  voucher  for  the  payment  out  of 
the  County  treasury,  of  the  travel  and  attendance  of  the  grand 
jurors  at  the  Superior  Court,  for  the  travel  and  attendance  of  the 
petit  jurors  at  either  of  said  Courts  with  the  fees  for  venires  and 
the  fees  of  the  clerks  for  examining  and  certifying  the  same  and  for 
the  payment  of  all  other  sums  necessary  for  the  discharge  of  the 
claims  of  witnesses  attending  said  Courts  on  behalf  of  the  State 
for  their  travel  and  attendance,  of  the  high  sheriff  and  other  officers 
for  their  attendance  and  services,  and  of  all  other  charges  and 
expences  incident  to  the  sittings  of  said  Courts  respectively  and  to 
the  due  administration  of  justice  in  the  same.  And  for  the  payment 
from  the  County  treasury  of  all  other  County  charges,  except  in 
cases  where  the  law  may  otherwise  direct,  the  order  of  the  Court 
of  Common  Pleas  shall  be  a  sufficient  voucher. 

Section  n.  And  be  it  further  enacted,  That  the  several  County 
treasurers  shall  in  the  month  of  December  annually,  make  out  and 
certify  to  the  judges  of  the  Court  of  Common  Pleas,  at  their  next 
stated  term  in  the  Counties  respectively  a  particular  statement  of 
the  state  of  the  treasury,  and  the  said  judges  shall  determine  what 
monies  are  in  their  opinion  necessary  to  be  raised  in  the  County 
for  the  year  ensuing,  stating  in  general  the  purposes  for  which  such 
moneys  are,  or  probably  will  be,  needed.  And  the  clerks  of  the 
several  Courts  of  Common  Pleas  shall  attend  on  the  second  wednes- 


646  LAWS   OF   NEW  HAMPSHIRE 

day  of  the  session  of  the  General  Court  in  the  month  of  June  fol- 
lowing, and  lay  the  same  with  a  particular  statement  of  the  expendi- 
tures and  appropriation  of  the  preceeding  year,  before  the  repre- 
sentatives of  the  county  then  assembled ;  who  are  hereby  authorized 
and  empowered,  at  such  session  of  the  General  Court,  to  form 
themselves  into  a  convention  for  the  sole  purpose  of  granting  and 
appropriating  taxes  for  their  County;  and  they  may  at  such  conven- 
tion choose  a  chairman,  who  is  authorized  to  swear  the  clerk  of  the 
court  attending,  or  in  case  of  his  necessary  absence,  appoint  and 
swear  some  other  person  as  clerk,  who  shall  keep  a  true  record  of 
all  matters  and  things  done  in  such  convention,  and  the  taxes  which 
shall  be  voted  by  such  convention  or  a  major  part  thereof  attending 
shall  be  held  good  and  valid  in  law,  and  may  be  assessed  and  collected 
by  the  County  treasurers  in  the  manner  herein  before  prescribed. 
And  the  said  judges  of  the  Court  of  Common  Pleas  shall  from  time 
to  time  make  orders  on  the  treasurers  of  the  respective  counties 
for  paying  out  such  monies  agreeably  to  appropriations  made  by 
such  conventions  where  appropriations  are  by  them  made  and  for 
other  necessary  county  charges  when  an  overplus  is  granted  for 
contingencies,  and  the  several  treasurers  are  hereby  authorized  to 
pay  out  monies  accordingly. 

Section  12.  And  be  it  further  enacted,  That  the  several  County 
treasurers,  be,  and  hereby  are  directed  and  required  to  make  out 
and  deliver  to  the  clerks  of  the  Court  of  Common  Pleas  in  their 
respective  Counties  on  or  before  the  first  day  of  June  annually  a 
statement  of  their  accounts  as  treasurers  as  aforesaid  for  the  year 
ending  at  the  time  of  the  then  last  annual  settlement  of  said  ac- 
counts, in  which  statement  shall  be  specified  the  amount  of  monies 
paid  out  of  the  treasury  for  that  year  and  the  purposes  for  which 
such  payments  were  made,  and  when  payments  have  been  made  for 
the  support  of  county  paupers,  the  sum  paid  to  each  town;  also 
all  monies  received  into  the  treasury,  from  whom  received,  and  for 
what  purpose;  and  the  said  clerk  of  the  Court  of  Common  Pleas 
shall  cause  the  same  to  be  delivered  to  the  Secretary  of  the  State 
or  left  at  his  office  on  or  before  the  second  Wednesday  of  June  an- 
nually; which  statement  shall  be  published,  by  the  respective  clerks, 
in  such  newspaper  as  the  Court  of  Common  Pleas  shall  direct. 

Section  13.  And  be  it  further  enacted  that  whenever  the  justices 
of  the  Court  of  Common  Pleas  shall  conceive  that  any  lands  be- 
longing to  any  County  ought  to  be  sold  for  the  benefit  of  such 
County,  said  justices  are  hereby  empowered  to  authorize  and  direct 
the  treasurer  of  said  County  to  make,  execute  and  deliver  to  any 
purchaser  or  purchasers  of  such  lands  a  good  valid  conveyance 
thereof,  and  to  receive  of  such  purchaser  or  purchasers  the  consid- 
eration money  directed  by  said  justices  to  be  named  in  such  deed 
of  conveyance,  and  said  treasurer  is  hereby  authorized  to  execute 
such  deed  and  to  receive  said  money,  and  is  directed  to  deposite  the 


LAWS   OF   NEW  HAMPSHIRE  647 

same  in  the  treasury  of  said  county  to  be  appropriated  in  the  man- 
ner by  law  authorized  in  other  cases. 

Section  14.  And  be  it  further  enacted,  That  if  any  town  Clerk 
shall  neglect  or  refuse  to  make  return  of  votes  for  register  of  deeds 
and  county  treasurer  as  by  this  act  he  is  directed  to  do  he  shall  for- 
feit and  pay  for  every  such  neglect  or  refusal  a  sum  not  exceeding 
fifty  dollars  nor  less  than  twenty  dollars  for  the  use  of  the  county. 
And  the  clerks  of  the  Court  of  Common  Pleas  as  soon  as  may  be 
after  the  return  day  of  said  votes  in  their  respective  counties  shall 
give  information  to  the  Attorney  General  of  all  such  neglects  and 
refusals,  that  such  offending  town  clerks,  may  be  prosecuted  by 
information,  indict — or  otherwise  in  any  court  proper  to  try  the 
same.  Provided  that  all  prosecutions  for  penalties  incurred  by 
such  neglect  or  refusal  shall  be  commenced  within  six  months  from 
the  return  day  of  said  votes  as  aforesaid. 

Section  15.  And  be  it  further  enacted,  That  an  act  entitled  "an 
act  prescribing  the  duty  and  directing  the  mode  of  choosing  regis- 
ters of  deeds  and  county  treasurers"  passed  on  the  eighth  day  of 
June  1 791;  an  act  entitled  "an  act  in  addition  to  and  amendment 
of  an  act  entitled  an  act  prescribing  the  duty  and  directing  the  mode 
of  choosing  registers  of  deeds  and  county  treasurers  passed  on  the 
tenth  day  of  June  1802;  an  act  entitled  "an  act  directing  the  re- 
corders of  deeds  to  make  a  general  index  of  the  deeds  recorded" 
passed  on  the  thirteenth  day  of  December  1804,  an  act  entitled 
"an  act  in  addition  to  an  act  to  abolish  the  courts  of  general  ses- 
sions of  the  peace  and  to  vest  in  the  Courts  of  Common  Pleas  all 
the  judicial  powers,  authorities  and  jurisdiction  and  all  other  powers 
except  granting  taxes  heretofore  by  law  vested  in  said  courts  of 
general  sessions  of  the  peace  passed  February  21.  1794,"  passed 
on  the  twelfth  day  of  June  1801;  an  act  entitled  "an  act  directing 
the  mode  of  conveying  lands  belonging  to  any  county  in  this  State," 
passed  on  the  twenty  ninth  day  of  June  181 5;  an  act  entitled  "an 
act  to  provide  for  the  annual  returns  of  the  receipts  and  expendi- 
tures of  the  several  counties  in  this  State"  passed  on  the  third  day 
of  July  1823;  and  an  act  "entitled  "an  act  in  addition  to  an  act 
entitled  an  act  prescribing  the  duty  and  directing  the  mode  of 
choosing  registers  of  deeds  and  county  treasurers,"  passed  on  the 
twenty  sixth  day  of  June  1823,  be,  and  they  hereby  are  repealed, 
after  the  first  day  of  December  next;  Provided  nevertheless,  That 
the  said  acts  shall  be,  and  continue,  in  force  in  relation  to  all  pro- 
ceedings had  and  instituted,  all  rights  acquired,  and  penalties  in- 
curred under  them  before  the  said  first  day  of  December  next. 


648  LAWS   OF    NEW   HAMPSHIRE 

[CHAPTER  46.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  alter  the  names  of  certain  persons  therein  men- 
tioned. 

[Approved  July  5,  1827.     Acts,  vol.  24,  p.  217.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  from  and  after  the  passage  of  this 
act,  the  several  persons  herein  named  shall  be  called  and  known  by 
the  names  which  by  this  act  they  are  respectively  allowed  to  as- 
sume, viz.  Charles  Augustus  Woods,  of  Sullivan,  may  take  the 
name  of  Enoch  Charles  Augustus  Woods;  that  Ebenezer  W.  Cut- 
ler of  Fitzwilliam,  may  take  the  name  of  Benson  White;  that 
Rufus  King  Copp  of  New  Durham,  may  take  the  name  of  Rufus 
Home  King;  that  John  Edward  Holyoke  Hopkins,  of  Portsmonth, 
may  take  the  name  of  John  Edward  Hopkins  Holyoke;  That  Mary 
Barns  Holyoke  Hopkins  of  Portsmouth  may  take  the  name  of  Mary 
Barns  Hopkins  Holyoke;  that  Nathaniel  Folsom,  of  Portsmouth, 
may  take  the  name  of  Nathaniel  Rindge  Folsom;  That  Mark  Ken- 
ison  of  Tuftonborough,  may  take  the  name  of  Mark  Roberts;  that 
Adam  Kenison  of  Tuftonborough,  may  take  the  name  of  Adam 
Roberts;  that  William  Neal  Kenison  of  Tuftonborough,  may  take 
the  name  of  William  Neal  Roberts;  that  Joseph  Alcock  of  Hills- 
borough may  take  the  name  of  Joseph  Phipps,  that  Lucy  Alcock, 
wife  of  the  aforesaid  Joseph  Alcock,  may  take  the  name  of  Lucy 
Phipps;  that  Elbridge  Gerry  Alcock  of  Hillsborough  may  take  the 
name  of  Elbridge  Gerry  Phipps;  that  Joseph  Alcock,  Junior,  of 
Hillsborough  may  take  the  name  of  Joseph  Phipps;  and  the  same 
shall  be  considered  as  their  only  proper  and  legal  names. 


[CHAPTER  47.] 


State  oj  } 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Candia  Sacred  Music  Society 

[Approved  July  5,  1827.     Acts,  vol.  24,  p.  219.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Isaiah  Lane,  Nathaniel 
Wheet,  Samuel  Cass,  Daniel  Fitts,  Junior,  Samuel  Buswell,  Lowell 
B.  French,  Coffin  M.  French,  Henry  M.  Eaton  and  Ezekiel  Lane, 


LAWS   OF   NEW  HAMPSHIRE  649 

their  associates  and  successors  be,  and  they  are  hereby  made  a  body 
politic  and  corporate,  by  the  name  of  the  Candia  Sacred  Music 
Society,  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend  to  final  judgment  and  execution,  and  are  hereby  vested 
with  all  the  powers  and  privileges,  and  subjected  to  all  the  liabili- 
ties incident  to  corporations  of  a  similar  nature,  and  may  receive, 
purchase  and  hold  personal  estate  to  any  amount  not  exceeding 
one  thousand  dollars,  for  the  purposes  of  said  society,  and  the  same 
may  sell,  convey,  and  dispose  of  at  pleasure. 

Section  2.  And  be  it  further  enacted,  That  the  said  Isaiah  Lane, 
Nathaniel  Wheet  and  Samuel  Cass,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  Society,  by  posting  up  a  notice  at  the  Congre- 
gational meeting  house  in  said  Candia,  or  by  giving  personal  notice 
to  each  member  aforesaid  of  the  time  and  place  and  design  of  said 
meeting  at  least  ten  days  before  said  meeting,  at  which,  or  at  any 
subsequent  meeting  of  said  society,  duly  holden,  the  members  may 
make  any  by  laws  for  the  regulation  and  government  of  said  so- 
ciety, not  repugnant  to  the  laws  of  this  State,  and  do  and  transact 
any  business  necessary  to  carry  into  effect  the  objects  of  said  asso- 
ciation. 


[CHAPTER  48.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  constitute  a  new  County  in  this  State  by  the 
name  of  Sullivan,  and  to  prescribe  the  times  of  holding 
the  Courts  in  the  Counties  of  Merrimack  and  Cheshire. 

[Approved  Julv  5,  1827.  Acts,  vol.  24,  p.  221.  Session  Laws,  1827,  Chap. 
48.  See  acts  of  December  13,  1796,  Laws  of  New  Hampshire,  vol.  6,  p.  371; 
June  16,  1824,  and  June  28,  1825,  ante,  pp.  287,  412.  Repealed  by  act  of 
January  2,  1829,  post.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  be,  and  hereby 
is,  constituted  and  established  a  County  within  this  State  by  the 
name  of  Sullivan,  and  that  the  same  be  and  hereby  is  vested  with 
all  the  powers,  privileges  and  immunities  which  other  Counties  in 
this  State  possess  and  enjoy;  Provided  that  in  the  choice  of  Coun- 
sellors, the  Counties  of  Cheshire  and  Sullivan  shall  form  one  Coun- 
cil district. 

Section  2.  And  be  it  further  enacted,  That  said  County  of  Sul- 
livan shall  contain  all  the  land  and  waters  included  in  the  following 
towns  and  places,  which  now  constitute  a  part  of  the  Countv  of 
Cheshire,  to  wit:  Acworth,  Charlestown,  Claremont,  Cornish,  Croy- 
don. Grantham,  Goshen,  Lempster,  Langdon,  Newport,  Plainfield, 


65O  LAWS   OF   NEW  HAMPSHIRE 

Springfield,  Unity,  Washington  and  Wendell;  and  that  said  towns 
be  and  they  are  hereby  disannexed  from  the  County  of  Cheshire. 

Section  3d  And  be  it  further  enacted,  That  the  Superior  Court 
of  Judicature  shall  be  holden  at  Newport  in  said  County  of  Sulli- 
van on  the  first  Tuesday  of  January  and  the  first  Tuesday  of  Au- 
gust annually,  and  that  the  Court  of  Common  Pleas  shall  be  holden 
at  Newport  in  said  County  on  the  third  Tuesday  of  April,  and  the 
first  Tuesday  of  November  annually,  and  a  Court  of  Probate  shall 
be  holden  at  such  times  and  places  as  the  Judge  of  said  Court  may 
determine,  or  as  the  Legislature  may  appoint,  which  shall  have 
similar  jurisdiction,  and  possess  like  powers  and  privileges  with 
other  courts  of  Probate  in  this  State.  And  the  term  of  the  Superior 
Court  of  Judicature  now  holden  at  Newport  on  the  first  Tuesday  of 
May  annually,  and  the  term  of  the  Court  of  Common  Pleas  now 
holden  at  Charlestown  on  the  third  Tuesday  of  September  annu- 
ally, shall  respectively  hereafter  be  holden  at  Keene  within  and  for 
the  County  of  Cheshire  annually,  on  the  several  days  aforesaid. 
Provided  however,  That  the  term  of  the  Court  of  Common  Pleas, 
to  be  holden  at  Charlestown  on  the  third  Tuesday  of  September 
next,  shall  be  then  holden  for  the  County  of  Cheshire  at  said 
Charlestown,  and  all  writs,  venires,  recognizances,  appeals  warrants 
and  processes  of  every  kind  made  returnable  to  said  term  of  said 
Court  of  Common  Pleas  shall  be  returned,  have  day  be  heard, 
tried,  and  judgment  be  rendered  and  executions,  and  other  process 
issued  in  the  same  way  and  manner  as  though  this  act  did  not  take 
effect  until  the  first  day  of  October  next. 

Section  4.  And  be  it  further  enacted,  That  instead  of  the  times 
of  holding  the  terms  of  the  Superior  Court  of  Judicature,  and  Court 
of  Common  Pleas  in  the  County  of  Merrimack  as  now  established, 
the  Superior  Court  of  Judicature  shall  be  holden  at  Concord  in  said 
County  on  the  third  Tuesday  of  January  and  the  third  Tuesday  of 
August,  and  the  Court  of  Common  Pleas  shall  be  holden  at  said 
Concord  on  the  first  Tuesdav  of  April,  and  the  third  Tuesday  of 
October  annually,  and  all  writs,  venires,  recognizances,  appeals,  in- 
dictments, warrants  and  processes  of  every  kind  issued  before  this 
act  takes  effect,  and  made  returnable  to  either  of  the  terms  of  said 
Courts  in  said  County  of  Merrimack,  shall  be  returned  to  the  terms 
of  the  respective  courts  next  to  be  holden  in  said  County  accord- 
ing to  this  act,  and  be  sustained  therein  in  the  same  way  and  man- 
ner as  if  the  same  had  been  made  returnable  at  the  terms  herein 
specified. 

Section  5.  And  be  it  further  enacted,  That  the  Judge  and  Reg- 
ister of  Probate,  Sheriff,  Register  of  deeds,  County  treasurer,  and 
all  other  officers,  for  and  within  said  County  of  Sullivan,  shall  be 
appointed  and  chosen  in  the  same  manner  as  by  the  constitution  and 
laws  of  this  State  thpy  are  required  to  be  appointed  and  chosen  in 
other  counties  thereof. 


LAWS   OF   NEW   HAMPSHIRE  65  I 

Section  6.  And  be  it  further  enacted,  That  the  representatives 
of  the  several  towns  composing  said  County  of  Sullivan,  are  hereby 
authorized  and  empowered  to  form  themselves  in  conventions  in 
the  same  way  and  manner  as  the  representatives  of  other  Counties 
are  authorized  to  form  conventions  for  the  purpose  of  granting  and 
appropriating  taxes  for  defraying  the  expenses  of  said  County,  to 
be  assessed  and  collected  in  the  same  way  and  manner  that  county 
taxes  are  assessed  and  collected  in  the  other  Counties  of  this  State. 
And  said  Convention  shall  be  vested  with  all  the  powers  of  the 
Conventions  of  other  Counties  in  this  State. 

Section  7.  And  be  it  further  enacted,  That  all  actions  and  suits 
which  shall  be  pending  or  returnable  to  the  Superior  Court  of  Judi- 
cature in  the  County  of  Cheshire  at  the  time  when  this  act  takes 
effect,  and  all  actions  and  suits  which  shall  be  pending  or  return- 
able to  the  Court  of  Common  Pleas  in  the  County  of  Cheshire  on 
the  first  Tuesday  of  October  next,  in  which  both  parties  shall  be- 
long to  any  of  the  towns  in  said  County  of  Cheshire,  shall  remain 
and  be  heard  and  determined  at  the  Courts  to  be  holden  in  said 
County  of  Cheshire.  And  all  actions  and  suits  pending  or  return- 
able to  said  courts  at  their  respective  terms  aforesaid  in  which  both 
parties  shall  live  in  any  towns  within  the  said  County  of  Sullivan, 
shall  be  removed  to  and  be  heard  and  determined  by  the  said 
Courts  respectively  within  the  County  of  Sullivan,  in  the  same  way 
and  manner  as  though  the  same  had  been  commenced  and  made 
returnable  to  said  Courts  in  said  County  of  Sullivan.  And  all  other 
actions,  processes  and  matters,  pending  or  returnable  in  said  Courts 
for  the  County  of  Cheshire  as  aforesaid  at  the  times  aforesaid,  shall 
be  returned  to,  heard  and  determined  in  the  Courts  in  said  County 
of  Cheshire  in  which  the  same  is  pending  or  to  which  the  same  is 
returnable,  unless  the  justices  of  either  of  said  Courts  shall 
otherwise  order,  any  of  said  actions  so  pending  in  either  of  said 
Courts  respectively  to  be  removed  to  the  said  County  of  Sullivan, 
there  to  be  heard  and  determined  as  aforesaid. 

Section  8.  And  be  it  further  enacted,  That  all  matters  pending 
in  the  Probate  Courts  for  said  County  of  Cheshire,  or  necessary  to 
be  transacted  in  the  Probate  Courts  relative  to  the  settlement  of 
any  estate  on  which  administration  shall  have  been  granted,  or 
where  any  will  shall  have  been  presented  for  approval  and  allow- 
ance before  the  first  Tuesday  of  September  next,  shall  be  done  and 
transacted  at  the  Probate  Courts  within  and  for  the  County  of 
Cheshire,  and  under  the  order,  direction  and  adjudication  of  the 
Judge  of  Probate  for  the  time  being,  of  said  County  of  Cheshire, 
in  the  same  way  and  manner  as  if  this  act  had  not  been  passed. 
And  all  records  and  files  of  public  documents  belonging  to  said 
County  of  Cheshire  at  the  time  this  act  takes  effect  shall  belong 
to  the  County  of  Cheshire  and  be  delivered  over  to  the  proper  offi- 
cers within  and  for  said  County. 


652  LAWS   OF   NEW   HAMPSHIRE 

Section  9.  And  be  it  further  enacted,  That  all  the  estate,  prop- 
erty and  County  buildings  now  belonging  to  the  County  of  Cheshire, 
which  shall  remain  in  the  County  of  Cheshire,  shall  be  the  property 
of  said  County  of  Cheshire;  and  all  the  estate  and  property  except 
the  records  and  files  and  public  documents  aforesaid  and  the 
County  buildings  belonging  to  said  County  of  Cheshire  falling  and 
being  within  the  County  of  Sullivan  shall  be  the  property  of  said 
County  of  Sullivan.  And  the  balance  of  all  monies  voted  to  be 
raised  and  assessed  for  the  County  of  Cheshire  by  the  conventions 
of  that  County  held  in  June  A.D.  1826  and  June  A.D.  1827,  after 
paying  and  discharging  the  debts  due  from  said  County  of  Cheshire 
at  the  time  this  act  takes  effect,  and  also  the  expences  of  the  Court 
of  Common  Pleas  to  be  holden  at  Charlestown  on  the  third  Tuesday 
of  September  as  aforesaid,  shall  be  divided  under  the  direction  of 
the  Judges  of  the  Court  of  Common  Pleas,  between  the  Counties  of 
Cheshire  and  Sullivan  in  proportion  to  the  sums  raised  and  col- 
lected from  the  several  towns  in  the  respective  Counties;  and  the 
taxes  as  aforesaid  raised  and  assessed  in  June  A.D.  1826,  shall  be 
collected  and  paid  into  the  treasury  of  the  County  of  Cheshire; 
and  the  proportion  of  the  tax  so  as  aforesaid  voted  to  be  raised  and 
assessed  in  June  A.D.  1827  which  is  to  be  paid  by  the  towns  remain- 
ing in  the  County  of  Cheshire  shall  be  assessed  and  collected  under 
the  authority  of  the  County  of  Cheshire  and  paid  in  to  the  treas- 
ury thereof  in  the  same  way  and  manner  as  if  this  act  had  not  been 
passed;  and  the  proportion  of  the  tax  aforesaid  which  is  to  be  paid 
by  the  towns  in  the  County  of  Sullivan  shall  be  assessed  and  col- 
lected under  the  authority  of  the  County  of  Sullivan,  in  the  same 
way  and  manner  as  if  said  tax  had  been  voted  and  raised  by  a 
convention  of  said  County,  and  shall  be  paid  into  the  treasury 
thereof.  And  the  Judges  of  the  Court  of  Common  Pleas,  on  ad- 
justing the  accounts  between  said  Counties,  as  herein  before  pre- 
scribed, shall  order  the  treasurer  of  the  County  from  which  a 
balance  shall  be  found  due  to  the  other,  to  pay  the  same  to  the 
treasurer  of  said  other  County,  which  shall  be  paid  over  by  said 
treasurer,  according  to  said  order.  And  any  collector  of  taxes  in 
any  town  within  the  County  of  Sullivan  to  whom  any  list  of  taxes 
shall  have  been  committed  prior  to  the  passage  of  this  act,  and  who 
has  not  completed  his  collection,  shall  be  and  hereby  is  authorized 
to  proceed  in  collecting  said  taxes  in  the  same  manner  as  if  said 
County  had  not  been  formed,  except  that  the  commitment  of  de- 
linquents shall  be  to  the  gaol  in  said  County  of  Sullivan,  instead 
of  the  gaol  in  the  County  of  Cheshire. 

Section  10.  And  be  it  further  enacted,  That  the  Justices  of  the 
Court  of  Common  Pleas  shall  appoint  some  suitable  person  to  per- 
form and  discharge  the  duties  of  a  County  treasurer,  and  also  some 
suitable  person  to  discharge  and  perform  the  duties  of  a  register 
of  deeds  in  and  for  said  County  of  Sullivan,  both  of  whom  shall 


LAWS   OF   NEW  HAMPSHIRE  653 

be  freeholders  and  residents  in  said  County,  who  shall  be  sworn 
and  give  bonds  previous  to  their  entering  upon  the  duties  of  their 
respective  offices,  in  the  same  way  and  manner  as  is  now  prescribed 
by  law;  and  such  treasurer  and  register  of  deeds,  so  appointed  and 
qualified  as  aforesaid,  shall  thereupon  be  invested  in  their  re- 
spective offices,  with  all  the  powers  incident  thereto  in  the  same 
manner  as  if  such  treasurer  and  register  had  been  appointed  thereto 
at  an  annual  election,  and  shall  hold  their  respective  offices  until 
persons  shall  be  chosen,  at  the  next  annual  election  and  qualified 
to  enter  upon  the  duties  thereof. 

Section  n.  And  be  it  further  enacted,  That  instead  of  the  sal- 
aries now  by  law  established,  there  shall  be  paid  to  the  Judge  of 
Probate  for  the  County  of  Cheshire  the  sum  of  two  hundred  and 
twenty  five  dollars,  and  to  the  Register  of  Probate  for  said  County 
of  Cheshire  the  sum  of  three  hundred  dollars.  And  to  the  Judge 
of  Probate  for  the  County  of  Sullivan  the  sum  of  one  hundred  and 
fifty  dollars,  and  to  the  Register  of  Probate  for  said  County  of  Sul- 
livan the  sum  of  two  hundred  dollars. 

Section  12.  And  be  it  further  enacted,  That  all  acts,  and  parts 
of  acts  inconsistent  with  the  provisions  of  this  act  be,  and  the  same 
are  hereby  repealed. 

Section  13.  And  be  it  further  enacted,  That  this  act  shall  not 
take  effect  until  the  first  Tuesday  of  September  next.  Provided 
however,  That  the  same  shall  be  so  far  effective  that  all  officers 
within  and  for  said  County  of  Sullivan  may  be  appointed  and  com- 
missioned at  any  time  after  its  passage. 


[CHAPTER  49.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  incorporate  the  United  Fraternity. 

[Approved,  July  6,  1827.     Acts,  vol.  24,  p.  237.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  David  Pillsbury,  John 
B.  Richardson,  Jonathan  R.  Thompson,  Moses  Norris  Junior, 
William  H.  Freeland,  Kendrick  Metcalf  and  Oliver  M.  Smith,  to- 
gether with  all  the  existing  members  of  said  society  and  all  who  may 
hereafter  become  members  of  said  society,  shall  be  and  they  hereby 
are  created  and  made  a  Corporation  by  the  name  of  the  United 
Fraternity,  with  all  the  powers  and  privileges,  and  subject  to  all 
the  liabilities  incident  to  Corporations  of  a  similar  nature;  Provided 
that  the  by  laws  ordinances  and  regulations  of  said  Societv  shall 
not  be  repugnant  to  the  laws  of  this  State  or  to  the  laws  of  Dart- 
mouth College. 


654  LAWS  OF   NEW   HAMPSHIRE 

Section  2.  And  be  it  further  enacted,  That  the  said  Corporation 
is  made  capable  in  law  to  have,  hold  and  enjoy  all  the  books  furni- 
ture and  property  belonging  to  said  Society,  at  the  time  of  the  pas- 
sage of  this  act,  and  also  all  such  books,  furniture  apparatus,  money 
and  other  property  as  shall  hereafter  be  given  or  bequeathed  to  them, 
or  purchased  for  the  purposes  of  said  Society;  and  is  also  made 
capable  in  law  to  purchase,  receive  and  hold  for  themselves  and  their 
successors,  lands  in  the  vicinity  of  said  Dartmouth  College,  or  such 
other  place  as  the  Society  may  elect,  to  the  amount  of  one  fourth 
of  an  acre  for  the  purpose  of  erecting  a  building  or  buildings  for  a 
Library,  with  power  to  sell  and  convey  the  same;  and  may  at  any 
time  erect  such  buildings  thereon,  as  may  be  necessary  for  that 
purpose;  provided  always,  that  said  Corporation  shall  never  assess 
or  collect  in  any  way,  directly  or  indirectly,  as  a  tax  any  money, 
books  or  property  for  the  purpose  of  increasing  the  Library  of  the 
same,  of  any  member  of  said  Corporation  while  a  minor,  without 
first  obtaining  the  approbation  of  the  parent  or  guardian  of  said 
minor.  Provided  also  that  no  taxes  are  ever  to  be  assessed  upon 
any  except  members  of  said  College,  nor  shall  any  tax  be  assessed, 
and  collected  except  for  the  purpose  of  defraying  the  ordinary 
expenses  of  the  Society,  unless  by  the  unanimous  consent  of  all  the 
members  present  and  voting  on  such  assessment. 

Section  3.  And  be  it  further  enacted,  that  the  first  meeting  of 
said  Corporation  shall  be  held  at  the  Society  Hall  in  Dartmouth 
College,  on  the  last  Wednesday  of  July  next,  at  four  o'clock  P.M. 
and  that  David  Pillsbury  and  John  B.  Richardson  shall  give  notice 
of  said  meeting  by  advertising  in  the  New  Hampshire  Journal,  fif- 
teen days  prior  to  said  day  of  meeting;  and  at  that  and  all  subse- 
quent meetings,  held  pursuant  to  such  regulations  as  the  Corpo- 
ration may  establish,  a  majority  of  members,  who  may  be  present, 
may  choose  all  such  officers  as  they  may  think  necessary,  and  make, 
ordain  and  establish  all  such  by-laws  and  regulations,  as  may  be 
necessary  for  the  well  ordering  of  the  affairs  of  said  Corporation; 
and  may  do  all  other  business  of  said  Corporation  whatever.  Pro- 
vided always,  that  no  vote,  by-law  or  regulation  diverting  or  de- 
feating any  of  the  original  purposes  of  said  Society,  or  disposing 
of  the  books  or  property,  or  converting  the  same  to  any  other  than 
the  original  purpose  for  which  they  were  bestowed  and  collected, 
shall  be  valid  without  the  express  approbation,  in  person,  or  by 
proxy,  of  a  majority  of  the  existing  members  of  said  Society  at  the 
time  of  passing  the  vote. 

Section  4.  And  be  it  further  enacted.  That  any  existing  mem- 
ber of  said  Society,  who  does  not  elect  to  become  a  member  of  said 
Corporation,  shall  not  by  this  act  be  deprived  of  any  of  the  rights, 
privileges  or  immunities  belonging  or  apertaing  to  him,  as  such 
member  of  said  Society;   but  shall  have  full  power  and  authority 


LAWS   OF   NEW   HAMPSHIRE  655 

to  vote  in  all  questions,  relating  to  the  disposition  of  the  Library 
and  property  of  said  Society,  in  the  same  way  and  manner  as 
though  this  act  had  not  passed. 


[CHAPTER  50.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  authorizing  the  Court  of  Common  Pleas  to  liberate 
prisoners  in  the  county  gaols  in  certain  cases. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  241.  Session  Laws,  1827,  Chap. 
50.  Laws,  1830  ed.,  p.  475.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  whenever  any  person,  under  con- 
viction for  any  criminal  offence,  shall  be  holden  in  any  of  the 
County  gaols,  for  the  non  payment  of  any  fine  and  costs  or  costs 
only,  and  such  person  shall  be  unable  to  pay  the  same  or  any  part 
thereof,  or  who  shall  have  been  ordered  by  the  Superior  Court,  or 
Court  of  Common  Pleas,  to  procure  any  surety  or  sureties  for  the 
payment  of  any  sum  or  sums  of  money,  and  shall  be  held  in  con- 
finement, through  his  or  her  inability  to  procure  such  surety  or 
sureties,  the  Court  of  Common  Pleas,  on  satisfactory  evidence 
thereof,  may,  if  they  think  proper,  remit  such  fine  and  costs,  or 
any  part  thereof,  and  discharge  such  prisoner  on  such  terms  and 
conditions  as  to  them  may  appear  just  and  reasonable 


[CHAPTER  51.] 


State  of  \ 

New  Hampshire.  \ 


AN  ACT   TO  INCORPORATE   THE  WENTWORTH   MEETING   HOUSE  ASSO- 
CIATION. 

[Approved  July  6,  1827.     Acts,  vol.  24,  p.  243.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Caleb  Keith,  Thomas 
Whipple,  Jr.  Jonathan  Eames,  John  Page,  John  T.  Sanborn,  John 
Currier,  Aaron  Jewett,  Jr.  Enoch  Page  Junior  and  Moses  Eaton,  Jr. 
and  their  associates  and  successors,  be,  and  they  hereby  are  made  a 
corporation  bv  the  name  of  the  Wentworth  Meeting  house  associa- 
tion, and  bv  that  name  may  sue  and  be  sued,  prosecute  and  defend 
to  final  judgment  and  execution;   may  make  by  laws  suitable  for 


656  LAWS   OF    NEW   HAMPSHIRE 

their  regulation  and  government  not  repugnant  to  the  laws  of  this 
State,  and  for  the  sole  purpose  of  erecting  and  repairing  a  meeting 
house  and  holding  the  same,  with  the  land  necessary  therefor;  may 
hold  real  and  personal  estate  not  exceeding  five  thousand  dollars. 

Section  2.  And  be  it  further  enacted,  That  Caleb  Keith, 
Thomas  Whipple,  Jr.  and  Jonathan  Eames,  or  any  two  of  them, 
may  call  the  first  meeting  of  said  corporation  by  posting  up  a 
written  notice  thereof  stating  the  time,  place  and  object  of  said 
meeting  at  the  dwelling  house  of  Daniel  S.  Smith  in  the  town  of 
Wentworth  in  the  County  of  Grafton,  at  least  fourteen  days  before 
the  time  of  holding  the  same. 


*& 


[CHAPTER  52.] 


State  of  } 

New  Hampshire.  \ 


An  Act  to  regulate  the  keeping  and  selling  and  transport- 
ing OF  GUNPOWDER. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  245.  Session  Laws,  1827,  Chap. 
52.  Laws,  1830  ed.,  p.  278.  See  acts  of  February  18,  1794,  Laws  of  New 
Hampshire,  vol.  6,  p.  152,  and  June  21,  1820,  id.,  vol.  8,  p.  907.  This  act  re- 
peals act  of  July  2,  1825,  ante,  p.  461.  Repealed  by  act  of  December  23, 
1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  not  at  any 
time  be  kept  in  any  ware  house,  store,  shop  or  other  building  in  the 
compact  part  of  any  town  or  village  in  this  State,  a  quantity  of 
gunpowder  greater  than  one  quarter  cask  or  twenty  five  pounds, 
and  any  person  or  persons  so  keeping  a  greater  quantity  shall  for- 
feit and  pay  for  every  day  during  which  such  greater  quantity  shall 
be  kept  as  aforesaid  a  sum  not  exceeding  five  dollars,  nor  less  than 
one  dollar,  to  be  sued  for  and  recovered  by  the  firewards  or  select- 
men in  an  action  of  debt  in  the  name  of  the  town,  before  any  jus- 
tice of  the  peace,  or  Court  proper  to  try  the  same,  with  costs  of  suit. 
And  the  whole  of  said  forfeiture  so  recovered  shall  be  for  the  use 
of  the  town,  to  be  expended  by  the  firewards  or  selectmen,  in  pur- 
chasing materials  necessary  and  proper  to  be  used  for  the  extin- 
guishing of  fires. 

Section  2.  And  be  it  further  enacted,  That  the  firewards  or  a 
maior  part  of  them,  or  the  selectmen  of  any  town,  are  hereby 
authorized  and  empowered  to  search  any  ware  house,  store,  shoo 
or  other  building  in  the  compact  part  of  any  town  or  village  in  this 
State  where  they  have  cause  to  suspect  that  gunpowder  in  a  greater 
quantity  than  one  quarter  cask  or  twenty  five  pounds  may  be  keot 
or  stored,  and  in  case  of  finding  any  gunpowder  kept  as  aforesaid 


LAWS  OF   NEW   HAMPSHIRE 


657 


in  a  quantity  greater  than  one  quarter  cask  or  twenty  five  pounds, 
the  said  firewards  or  selectmen  are  hereby  authorized  and  em- 
powered to  seize  the  same,  and  the  said  gunpowder  so  kept  and 
stored  contrary  to  the  provisions  of  this  act  shall  be  forfeited  to  the 
town,  and  the  firewards  or  selectmen  so  finding  and  seizing  the  same 
shall  sell  said  gunpowder  at  auction,  and  the  avails  thereof  to  be 
expended  for  the  purposes  aforesaid. 

Section  3.  And  be  it  further  enacted,  That  every  person  keep- 
ing gunpowder  to  sell  by  retail  in  any  quantity  less  than  one  quarter 
cask  or  twenty  five  pounds,  and  who  shall  not  at  all  times  keep  the 
same  in  a  tin  canister  or  canisters,  or  other  incombustible  vessel  or 
vessels  covered  and  secured  from  fire,  or  if  said  gunpowder  be  kept 
in  a  wooden  cask  or  casks,  said  cask  or  casks  shall  be  enveloped  in 
substantial  and  close  leathern  bags  or  sacks,  shall  forfeit  and  pay 
for  each  and  every  day  he,  she  or  they  shall  so  keep  it,  a  sum  not 
exceeding  five  dollars  nor  less  than  one  dollar,  to  be  sued  for  and 
recovered  in  the  manner,  and  for  the  purposes  aforesaid. 

Section  4.  And  be  it  further  enacted,  That  gunpowder  shall 
not  be  transported  or  carried  through  the  compact  part  of  any  town 
or  village  in  any  cart,  waggon  or  other  open  carriage,  in  a  quan- 
tity greater  than  four  quarter  casks  or  one  hundred  pounds,  at  any 
one  time,  nor  unless  the  casks  containing  the  gunpowder  so  trans- 
ported be  enveloped  in  substantial  leathern  bags  or  sacks,  and  any 
person  or  persons  transporting  gunpowder  as  aforesaid  in  a  greater 
quantity  and  without  being  enveloped  as  aforesaid,  except  the  same 
be  conveyed  in  a  closely  covered  carriage,  shall  forfeit  and  pay  a 
sum  not  more  than  fifty  dollars  nor  less  than  fifteen  dollars  to  be 
sued  for  and  recovered  in  the  manner  and  for  the  purposes  afore- 
said. And  no  cart,  waggon  or  other  carriage  shall  be  permitted  to 
stand  in  any  shed,  barn,  or  other  building,  or  near  any  store,  dwell- 
ing house  or  other  building  in  the  compact  part  of  any  town  or 
village,  upon  which  there  may  be  a  greater  quantity  than  one  quar- 
ter cask  or  twenty  five  pounds  of  gunpowder,  and  in  case  any  gun- 
powder shall  be  found  upon  any  cart,  waggon  or  other  carriage 
contrary  to  the  provisions  of  this  act,  any  fireward  or  selectmen 
of  the  town  where  found  may  seize  the  same  and  cause  it  to  be  sold 
as  gunpowder  that  may  be  found  contrary  to  the  provisions  of  this 
act. 

Section  5.  And  be  it  further  enacted,  That  no  person  shall  at 
any  time  transport  or  carry  from  town  to  town,  or  from  place  to 
place  any  gunpowder  for  the  purpose  of  peddling  or  selling;  it  by 
retail  in  quantities  less  than  twenty  five  pounds,  on  penaltv  that  the 
owner  or  owners  or  person  or  persons  selling  or  offering  it  for  sale 
shall  forfeit  and  pay  for  every  offence  a  sum  not  more  than  five 
dollars  nor  less  than  one  dollar,  to  be  sued,  for  and  recovered  in 
the  manner  and  for  the  purposes  aforesaid. 


42 


658  LAWS  OF   NEW   HAMPSHIRE 

Section  6.  And  be  it  further  enacted,  That  if  any  person  or 
persons  shall  sell  or  offer  for  sale  by  retail  any  gunpowder  in  any 
highway,  or  in  any  street,  lane  or  alley,  or  on  any  wharf  or  parade 
or  common,  such  person  or  persons  so  offending  shall  forfeit  and 
pay  for  each  and  every  such  offence  a  sum  not  more  than  five 
dollars  nor  less  than  one  dollar,  to  be  sued  for  and  recovered,  and 
for  the  purposes  aforesaid. 

Section  7.  And  be  it  further  enacted,  That  if  any  person  or 
persons  shall  within  this  State  in  the  night  time  between  sun  setting 
and  sun  rising  sell  or  offer  to  sell  by  retail,  or  deal  out  any  gun- 
powder, such  person  so  offending  shall  forfeit  and  pay  for  each  and 
every  such  offence  a  sum  not  more  than  five  dollars  nor  less  than 
one  dollar,  to  be  recovered  and  applied  as  aforesaid. 

Section  8.  And  be  it  further  enacted,  That  all  prosecutions 
against  this  act  shall  be  commenced  within  three  months  after  the 
offence  shall  have  been  committed  and  not  afterwards. 

Section  9.  And  be  it  further  enacted,  That  an  act  passed  July  2d 
1825,  entitled  "an  act  to  regulate  the  keeping  and  selling  and  trans- 
porting gunpowder"  be  and  the  same  is  hereby  repealed.  Provided 
that  nothing  herein  contained  shall  affect  any  rights  acquired,  or 
liabilities  incurred  under  said  act. 


[CHAPTER  53.] 

State  oj  I 

New  Hampshire.  { 

An  Act  to  exempt  pews  in  certain  cases  from  attachment 
and  execution,  except  for  taxes  assessed  by  the  parish. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  257.  Session  Laws,  1827,  Chap. 
53.  Laws,  1830  ed.,  p.  481.  See  acts  of  December  11,  1812,  Laws  of  New 
Hampshire,  vol.  8,  p.  162,  and  July  2,  1825,  ante,  p.  464.  Repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  from  and  after  the  passage  of  this 
act,  the  interest  which  any  debtor  may  have  in  one  pew,  in  the  meet- 
ing house,  where  the  said  debtor  usually  worships,  shall  be  exempt 
from  attachment  and  execution;  except  for  taxes  assessed  bv  the 
parish  or  society,  on  said  pew  or  debtor.  Provided,  that  nothing 
herein  contained  shall  be  construed  to  affect  any  attachment  in  any 
action  now  depending  in  any  court  of  law  in  this  State. 


LAWS   OF   NEW  HAMPSHIRE  659 

[CHAPTER  54.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  Trustees  of  Wakefield  Academy. 

[Approved  July  6,  1827.     Acts,  vol.  24,  p.  259.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Josiah  H.  Hobbs,  William 
Sawyer,  Junior,  Joseph  P.  Wiggin,  Alvah  H.  Sawyer,  Henry  L.  Wig- 
gin,  George  W.  Carter,  Ichabod  Richards,  Charles  Carter,  William 
Sawyer,  Elisha  Rollins,  Porter  K.  Wiggin  and  Thomas  Lindsay, 
Junior,  and  their  Successors,  be,  and  they  hereby  are  incorporated 
and  made  a  body  politic  by  the  name  of  the  Trustees  of  Wake- 
field Academy,  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  defend  to  final  judgment  and  execution,  and  shall  be  and  hereby 
are  invested  with  all  the  powers  and  privileges,  which  by  law  are 
incident  to  corporations  of  a  similar  nature,  and  may  have  a  com- 
mon seal  and  the  same  may  alter  at  pleasure. 

Sect.  2.  And  be  it  further  enacted,  That  said  Trustees  are 
hereby  made  capable  in  law  to  acquire  and  hold  in  fee  simple,  or 
any  less  estate,  by  gift,  grant  or  otherwise,  any  real  estat°,  not 
exceeding  ten  thousand  dollars  in  value,  and  personal  estate  not 
exceeding  three  thousand  dollars,  and  the  same  may  use  and  em- 
ploy for  the  promotion  of  science  and  the  useful  arts,  and  for  the 
benefit  of  said  institution  may  sell  and  dispose  of  the  same  at 
pleasure. 

Sect.  3.  And  be  it  further  enacted,  That  the  said  Academy  be 
and  hereby  is  established  in  the  Town  of  Wakefield,  at  Wakefield 
Corner  in  the  County  of  Strafford. 

Sect.  4.  And  be  it  further  enacted,  That  said  Trustees  may  es- 
tablish orders  and  regulations  for  the  government  of  said  institu- 
tion, not  repugnant  to  the  laws  of  this  State,  and  may  direct  the 
management  and  application  of  its  funds,  and  control  the  concerns 
of  the  institution,  in  such  manner,  as  shall  best  promote  the  inter- 
est thereof. 

Sect.  5.  And  be  it  further  enacted,  That  said  Josiah  H.  Hobbs, 
William  Sawyer,  Junior,  and  Joseph  P.  Wiggin  or  any  two  of  them, 
may  call  the  first  meeting  of  said  Trustees,  to  be  holden  at  any 
suitable  time  and  place  in  said  Wakefield,  by  posting  up  a  notifi- 
cation for  that  purpose,  at  said  Wakefield  Corner,  at  least  fifteen 
days  prior  to  said  day  of  meeting:  any  number  of  said  Trustees, 
not  less  than  seven,  being  hereby  made  a  quorum  for  the  transac- 
tion of  any  business  of  said  Corporation;  at  which  said  first  meet- 
ing, or  at  any  adjournment  thereof,  they  may  agree  on  the  manner 


660  LAWS   OF   NEW  HAMPSHIRE 

of  calling  their  annual  and  other  meetings;  may  elect  such  officers 
as  they  may  deem  expedient,  and  at  the  same  or  at  any  subsequent 
meeting  legally  holden,  may  adopt  by-laws  and  do  and  transact 
any  business  necessary  and  proper  to  carry  into  effect  the  purposes 
of  this  act. 

Sect.  6.  And  be  it  further  enacted,  That  any  vacancy  or  vacan- 
cies, happening  in  said  board  of  Trustees  by  death  or  otherwise, 
may  be  filled  by  a  majority  of  the  remaining  Trustees,  at  any  meet- 
ing of  said  Trustees  duly  notified  for  that  purpose. 


[CHAPTER  55.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  to  annex  the  town  of  Derry  to  Senatorial  District 
number  three;  also  to  annex  the  militia  in  the  town  of 
Derry  to  the  eighth  Regiment. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  261.  Session  Laws,  1827,  Chap. 
55.     Laws,  1830  ed.,  p.  313.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  town  of  Derry  in  the 
County  of  Rockingham  be,  and  hereby  is,  annexed  to,  and  made  a 
part  of  the  Senatorial  District  number  three. 

Section  2.  And  be  it  further  enacted,  That  the  militia  companies 
and  parts  of  companies  in  said  town  of  Derry,  be  and  hereby  are 
annexed  to  and  made  a  part  of  the  eighth  Regiment. 


[CHAPTER  56.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  regulate  the  weighing  of  Merchandize  and  other 
commodities. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  263.  Session  Laws,  1827,  Chap. 
56.  Laws,  1830  ed.,  p.  481.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened.  That  from  and  after  the  first 
day  of  September  next,  all  commodities  which  now  are,  and  have 
heretofore  usually  been  sold,  by  the  hundred  and  twelve  pounds, 
or  hundred  weisrht  avoirdupois,  shall,  when  exposed  for  sale  and 
actually  sold,  be  weighed  by  decimal  hundreds  and  pounds  of  avoir- 


LAWS  OF   NEW  HAMPSHIRE  66 1 

dupois;  and  all  contracts  thereafter  made  concerning  the  weight  of 
goods  or  commodities,  heretofore  weighed  by  the  hundred  weight  or 
one  hundred  and  twelve  pounds  avoirdupois,  shall  be  understood 
and  construed  to  intend  the  same  in  decimal  hundreds  and  pounds 
avoirdupois. 

Section  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
every  public  weigher  of  goods  or  commodities  to  weigh  the  same  by 
decimal  hundreds  and  pounds,  avoirdupois  weight,  where  the  same 
have  heretofore  been  weighed  by  the  hundred  weight,  or  one  hun- 
dred and  twelve  pounds  avoirdupois,  and  to  issue  his  certificate 
accordingly.  And  every  such  public  weigher  who  shall  offend 
against  the  provisions  of  this  act,  shall,  for  every  such  offence,  for- 
feit and  pay  a  fine  of  five  dollars,  together  with  the  costs  of  prose- 
cution, to  be  recovered  before  any  Justice  of  Peace,  upon  complaint 
in  behalf  of  the  State.  And  every  weigher  of  goods,  or  commod- 
ities appointed  by  any  town  under  the  laws  of  this  State,  as  well 
as  every  weigher  of  goods  or  commodities  for  hire  or  reward,  shall 
be  deemed  and  taken  to  be  a  public  weigher,  so  far  as  relates  to 
the  provisions  of  this  act. 


[CHAPTER  57.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  for  the  support  and  regulation  of  Primary  Schools. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  274.  Session  Laws,  1827,  Chap. 
57.  Laws,  1830  ed.,  p.  427.  This  act  partly  repeals  act  of  December  22, 
1808,  Laws  of  New  Hampshire,  vol.  7,  p.  771,  and  wholly  repeals  act  of  June 
27,  1818,  id.,  vol,  8,  p.  722.  See  also  acts  of  July  7,  1826,  ante,  p.  564:  Janu- 
ary 4,  1833,  Session  Laws,  November,  1832,  Chap.  101;  July  5,  1833,  id.,  1833, 
Chap.  131;  January  13,  1837,  id.,  November,  1836,  Chap.  311,  and  December 
23,  1840,  id.,  November,  1840,  Chap.  578.  Partly  repealed  by  act  of  July  4, 
1829,  id.,  1829,  Chap.  77,  and  wholly  repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  the  selectmen  of  the  several 
towns  and  places  within  this  State  be,  and  they  hereby  are  em- 
powered and  required  to  assess  annually  the  inhabitants  of  their 
respective  towns  and  places,  according  to  their  polls  and  rateable 
estates,  together  with  the  improved  and  unimproved  lands  and 
buildings  of  non-residents,  in  a  sum  to  be  computed  at  the  rate  of 
ninety  dollars  for  every  one  dollar  of  their  proportion  for  publick 
taxes  for  the  time  being,  and  so  for  a  greater  or  less  sum;  which 
sums  when  collected,  shall  be  appropriated  to  the  sole  purpose  of 
keeping  one  English  school  or  schools  within  the  towns  and  places, 
in  which  the  same  shall  be  assessed,  for  teaching  the  various  sounds 


662  LAWS   OF   NEW  HAMPSHIRE 

and  powers  of  the  letters  in  the  English  language,  reading,  writing, 
English  grammar,  arithmetick,  geography  and  such  other  branches 
of  education  as  may  be  necessary  to  teach  in  an  English  school, 
including  the  purchase  of  necessary  fuel  for  such  schools. 

Sect.  2.  And  be  it  further  enacted,  That  it  be  the  duty  of  the 
selectmen  of  the  several  towns  and  places  to  assign  to  each  school 
district  in  their  respective  towns,  and  places,  a  proportion  of  money 
assessed  in  each  year  as  aforesaid,  according  to  the  valuation  thereof 
for  that  year,  or  in  such  other  manner  as  the  several  towns  at  their 
annual  meeting  shall  direct. 

Sect.  3.  And  be  it  further  enacted,  That  there  shall  be  ap- 
pointed, by  the  selectmen  annually,  in  the  month  of  March  in  each 
town,  a  superintending  School  Committee  consisting  of  not  less 
than  three  nor  more  than  five  persons,  whose  duty  it  shall  be  to 
examine  school-masters  and  school-mistresses  proposing  to  teach 
school  therein.  And  it  shall  be  the  duty  of  said  Committee,  or 
one  or  more  of  them,  to  visit  and  inspect  all  the  schools  in  their 
respective  towns,  at  least  twice  in  each  year,  and  to  inquire  into 
the  regulations  and  discipline  thereof,  and  the  proficiency  of  the 
scholars  therein;  and  to  use  their  influence  and  best  endeavours, 
that  the  youth  in  the  several  districts  attend  the  schools.  And  the 
said  Committee  shall  have  power,  and  it  shall  be  their  duty,  to  dis- 
miss any  school-master  or  school-mistress,  who  shall  be  found  by 
them,  or  a  majority  of  them,  incapable  or  unfit  to  teach  such  school 
notwithstanding  he  or  she  may  have  procured  the  necessary  cirtifi- 
cates  as  are  hereinafter  required;  which  dismission  shall  be  notified 
to  said  master  or  mistress,  in  writing  by  said  Committee,  or  a  ma- 
jority of  them;  but  said  master  or  mistress,  so  dismissed,  shall  be 
entitled  to  payment  for  his  or  her  services  until  such  dismission. 
And  the  said  Committees  are  furthermore  empowered  and  required, 
on  application  made  to  them  by  any  master  or  mistress  of  any 
school  in  their  respective  towns,  or  by  any  inhabitant  of  any  school 
district  therein,  at  their  discretion,  to  order  the  expulsion  of  any 
scholar  from  any  school  in  their  respective  towns,  who  will  not 
obey  and  submit  to  the  necessary  and  reasonable  rules,  orders  and 
regulations  of  said  school. 

Sect.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  said  superintending  Committees  of  the  several  towns  in  the 
State,  to  direct  and  determine  the  class  books,  to  be  used  in  the 
respective  classes,  in  the  several  towns,  to  which  they  belong;  and 
the  scholars  attending  such  schools  shall  be  supplied  by  their  par- 
ents, masters  or  guardians  with  the  books  so  prescribed  by  said 
Committees — And  if  any  parent,  guardian  or  master  shall,  after 
notice  given  him  or  her  by  the  master  or  mistress  of  anv  such 
school,  refuse  or  neglect  for  the  space  of  eight  davs,  to  furnish  their 
several  scholars  with  the  books  so  prescribed  for  their  respective 
classes,  the  selectmen  of  the  town,  on  being  notified  by  said  master 


LAWS   OF   NEW  HAMPSHIRE  663 

or  mistress,  shall  forthwith  furnish  the  same  for  such  scholars,  at 
the  expense  of  the  town.  And  the  said  selectmen  or  their  successors 
in  office  shall  add  the  amount  of  the  books,  so  furnished,  to  the  next 
annual  tax  of  the  parents,  masters  or  guardians,  who  ought  to  have 
furnished  the  same;  and  the  amount,  so  added,  shall  be  levied, 
collected  and  paid  into  the  town  treasury  in  the  same  manner  as 
other  town  taxes.  Provided  however,  that  in  case  such  selectmen 
shall  be  of  opinion  that  any  such  parent,  master  or  guardian  is  not 
able,  and  cannot  afford  to  pay  the  whole  expense  of  the  books  so 
furnished  on  his  or  her  account,  such  parent,  guardian  or  master 
shall  be  exonerated  from  the  payment  of  the  whole  or  any  part  of 
such  expense,  and  the  said  selectmen  shall  omit  to  add  the  amount 
of  such  books,  or  shall  add  only  a  part  thereof  to  the  annual  tax 
of  such  parent,  master  or  guardian,  according  to  the  proportion  of 
such  expense  which  such  parent,  master  or  guardian  shall,  in  their 
opinion,  be  able  to  pay.  Provided  nevertheless,  that  in  cases  when 
children  are  already  supplied  with  books,  which  shall  not  be  consid- 
ered by  said  superintending  Committee  extremely  faulty,  in  com- 
parison with  others  which  might  be  used,  and  which  may  be  pos- 
sessed in  such  numbers  in  any  school  as  to  admit  of  the  proper  and 
convenient  classification  of  such  school,  in  that  case,  said  Com- 
mittee shall  not  direct  the  purchase  of  new  books,  without  first 
obtaining  the  consent  of  the  parents,  masters  or  guardians  of  a 
majority  of  the  children,  so  already  provided  for,  until  the  expira- 
tion of  two  years  from  the  passing  of  this  act.  Provided  also  that 
said  Committee  shall  never  direct  any  school  books  to  be  purchased 
or  used  in  any  of  the  schools  under  their  superintendence,  which  are 
calculated  to  favour  any  particular  religious  sect  or  tenet.  And  it 
shall  also  be  the  duty  of  the  superintending  Committees  in  the 
several  towns  in  this  State,  to  present  a  written  report,  to  their 
respective  towns  at  their  annual  meetings  in  the  month  of  March, 
in  each  year,  stating  the  number  of  months  publick  schools  have 
been  kept  in  each  district  in  said  towns,  and  what  portion  thereof 
has  been  kept  by  male,  and  what  by  female  teachers;  the  whole 
number  of  scholars  that  have  attended  each  school;  the  progress 
made  in  the  various  branches  of  learning  in  each  school;  the  num- 
ber of  children  between  the  ages  of  four  years  and  fourteen  years,  in 
each  district,  that  have  not  attended  the  schools  therein;  and  the 
number  of  persons,  if  any,  in  each  district  between  the  ages  of  four- 
teen and  twenty  one  years,  who  cannot  read  and  write. 

Sect.  5.  And  be  it  further  enacted,  That  there  shall  be  chosen 
at  the  annual  meeting  in  the  month  of  March  in  each  of  the  towns 
in  this  State,  a  district  Committee,  consisting  of  one  person  for  each 
school  district,  who  shall  be  a  resident  in  the  district  for  which  he 
shall  be  chosen  and  be  called  the  Prudential  Committee  thereof; 
whose  duty  it  shall  be  to  select  and  contract  with,  the  teachers  for 
his  district,  to  provide  for  their  board,  to   furnish  the  necessary 


664  LAWS  OF   NEW  HAMPSHIRE 

fuel  for  the  school,  and  immediately  on  the  commencement  of  any 
such  school  in  his  district  to  give  information  thereof  to  the  Super- 
intending Committee  of  the  town.  And  it  shall  also  be  the  duty  of 
the  Prudential  Committee  in  each  district  to  give  such  information 
and  assistance  to  the  Superintending  Committee  as  may  be  nec- 
essary to  aid  them  in  the  discharge  of  the  duties  required  of  them 
by  this  act.  Provided,  that  in  any  town  in  this  State,  which  shall 
at  any  legal  meeting,  holden  for  that  purpose,  so  determine,  the  said 
Prudential  Committee  may  be  chosen  in  the  several  school  dis- 
tricts, to  which  they  respectively  belong,  in  such  manner  as  said 
district  may  decide. 

Sect.  6.  And  be  it  further  enacted,  That  no  person  shall  be  em- 
ployed as  a  school  master  in  any  of  the  schools  aforesaid,  unless  he 
shall  be  a  citizen  of  the  United  States,  and  shall  produce  a  certifi- 
cate from  the  Superintending  School  Committee  of  the  town  where 
such  school  is  to  be  kept,  and  also  from  some  person  of  liberal  edu- 
cation, literary  pursuits,  and  good  moral  character,  that  he  is  well 
qualified  to  instruct  youth  in  the  various  sounds  and  powers  of  the 
letters  in  the  English  language,  reading,  writing,  English  grammar, 
arithmetick,  geography  and  such  other  branches  of  education  as 
may  be  proper  to  be  taught  in  an  English  School;  and  also  a  cer- 
tificate from  the  selectmen  of  the  town  to  which  he  belongs,  in  case 
there  be  any,  otherwise  from  three  of  the  most  reputable  inhab- 
itants thereof,  that  to  the  best  of  their  knowledge,  he  is  a  person 
of  sober  life  and  conversation,  and  of  good  moral  character.  And 
no  person  shall  be  employed  as  a  school  mistress  unless  she  shall 
produce  a  certificate  from  the  Superintending  School  Committee  of 
the  town  where  the  school  is  to  be  kept,  that  she  is  suitably  qual- 
ified to  teach  the  English  language  grammatically,  and  the  rudi- 
ments, of  arithmetick  and  geography,  and  produce  satisfactory  evi- 
dence of  her  good  moral  character.  And  no  person  who  shall  teach 
any  school,  required  by  this  act,  without  producing  to  the  district 
Committee  of  the  district  in  which  said  school  is  kept,  prior  to  his 
or  her  commencing  the  same,  the  certificates  required  by  this  act, 
shall  have  or  receive  any  thing  for  his  or  her  services,  but  shall  be 
forever  barred  from  recovering  the  same. 

Sect.  7 — And  be  it  further  enacted,  That  if  the  selectmen  of  any 
town  or  place  neglect  to  assess  and  assign  for  the  purpose  afore- 
said, the  money  required  by  this  act  to  be  by  them  assessed  and 
assigned  as  aforesaid,  such  selectmen  shall  forfeit  and  pay  the  full 
sum,  in  assessing  and  assigning  which  they  shall  be  found  delin- 
quent in,  which  sum  shall  be  recovered  by  bill,  plaint,  or  informa- 
tion in  the  Superior  Court  of  Judicature;  and  when  recovered,  shall 
be  appropriated  for  keeping  a  school  or  schools  in  the  town  or  place 
where  such  delinquency  shall  happen;  and  it  shall  be  the  duty  of 
the  town  clerk  for  the  time  being,  except  he  shall  be  also  one  of 
the  selectmen,  in  which  case  it  shall  be  the  duty  of  the  first  con- 


LAWS  OF   NEW  HAMPSHIRE  665 

stable  of  the  several  towns  and  places,  to  see  that  such  sums  are 
collected  out  of  the  goods  and  estate  of  such  delinquent  selectmen; 
and  that  the  money  so  collected  be  appropriated  according  to  the 
true  intent  and  meaning  of  this  act. 

Sect.  8th  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Presidents,  professors  and  tutors  of  colleges,  and  the  Preceptors 
and  teachers  of  Academies,  and  all  other  instructers  of  youth  to  take 
diligent  care,  and  use  their  best  endeavours  to  impress  on  the  minds 
of  children  and  youth,  committed  to  their  care  and  instruction,  the 
principles  of  piety  and  justice,  and  a  sacred  regard  to  truth,  love  of 
their  Country,  humanity,  and  benevolence;  sobriety,  industry  and 
frugality;  chastity,  moderation  and  temperance;  and  all  other  vir- 
tues which  are  the  ornaments  of  human  society.  And  it  shall  be 
the  duty  of  such  instructers  to  endeavour  to  lead  those  under  their 
care,  into  a  particular  understanding  of  the  tendency  of  the  before- 
mentioned  virtues,  to  preserve  and  perfect  a  republican  form  of 
government,  and  to  secure  the  blessings  of  liberty,  as  well  as  to 
promote  their  future  happiness;  and  the  tendency  of  the  opposite 
vices  to  slavery  and  ruin. 

Sect — 9.  And  be  it  further  enacted,  That  the  Superintending 
Committees  aforesaid,  shall  receive  from  their  respective  towns  a 
reasonable  compensation  for  their  services  performed  in  pursuance 
of  this  act. 

Sect.  10.  And  be  it  further  enacted,  That  the  first,  second,  third 
and  fourth  sections  of  an  act  entitled  an  act  for  the  better  regulation 
of  schools,  and  for  repealing  certain  laws  now  in  force,  respecting  the 
same,  passed  December  2  2d  1808;  and  also  an  act  entitled  an  act  in 
addition  to  an  act  entitled  an  act  for  the  better  regulation  of 
schools,  and  for  repealing  certain  laws  now  in  force  respecting  the 
same,  passed  June  27th  181 8,  be,  and  the  same  are  hereby  repealed, 
Provided  however,  that  all  monies,  assessed  and  raised  by  the  town 
of  Portsmouth  by  virtue  of  this  act,  may  be  appropriated  and  ex- 
pended according  to  the  provisions  of  an  act  entitled  an  act  for  the 
regulation  and  government  of  schools  in  the  town  of  Portsmouth, 
passed  July  7.  1826;  and  provided  also  that  this  act  shall  not  take 
effect  or  be  in  force  until  the  first  day  of  March  next. 


666  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  58.] 

State  of  } 

New  Hampshire,  j 

An  Act  empowering  school  districts  to  build  and   repair 
school-houses. 

[Approved  July  6,  1827.  Acts,  vol.  24,  p.  284.  Session  Laws,  1827,  Chap. 
58.  Laws,  1830  ed.,  p.  432.  This  act  partly  repeals  act  of  December  22, 
1808,  Laws  of  New  Hampshire,  vol.  7,  p.  771,  and  wholly  repeals  acts  of 
December  28,  1805,  id.,  p.  467,  and  June  30,  1825,  mite,  p.  421.  See  also  acts 
of  June  24,  1835,  Session  Laws,  1835,  Chap.  211;  January  13,  1837,  id., 
November,  1836,  Chap.  305,  and  December  4,  1840,  id.,  November,  1840,  Chap. 
572.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.]  • 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  several  towns  and 
places  within  this  State  be,  and  they  hereby  are  respectively  em- 
powered, at  any  legal  meeting  for  that  purpose,  to  divide  into 
school  districts,  and  to  define  the  limits  thereof,  and  the  same  from 
time  to  time  to  alter  in  such  manner  as  shall  be  thought  fit  and 
convenient;  and  a  record  of  such  division  or  alteration  shall  be 
made  in  the  clerk's  office  of  such  town  or  place,  within  three  months 
after  any  such  division  or  alteration  shall  have  been  made;  and  no 
person  shall  have  a  right  to  send  to,  or  receive  any  benefit  from, 
any  school  in  a  district  in  which  he  is  not  a  resident  without  the 
consent  of  such  district. 

Sec.  2.  And  be  it  further  enacted,  That  the  inhabitants  of  the 
several  school-districts,  whose  limits  are  now  established  or  shall  be 
defined  as  aforesaid,  qualified  to  vote  in  town  affairs,  be,  and  they 
hereby  are  empowered,  at  any  meeting  called  in  the  manner  herein- 
after prescribed,  to  raise  money  for  the  purpose  of  erecting,  repair- 
ing or  purchasing  a  school-house  and  other  buildings,  connected 
therewith,  in  their  respective  districts,  and  of  necessary  utensils  for 
the  same;  to  determine  in  what  part  of  the  district  to  erect  said 
school  house  and  other  necessary  buildings;  to  choose  a  Committee 
to  superintend  the  building  and  repairing  of  said  school-house, 
and  other  necessary  buildings,  or  for  purchasing  the  same;  and  to 
choose  a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office;  whose  duty  it  shall  be  to  make  a  fair  record 
of  all  votes  passed  at  any  meeting  of  the  district,  and  to  certify  the 
same  when  required;  and  the  money  raised  as  aforesaid  shall  be 
assessed  and  collected  in  the  manner  hereinafter  provided. 

Sec.  3.  And  be  it  further  enacted,  That  for  the  purpose  afore- 
said, every  person  shall  be  taxed  in  the  district  in  which  he  lives 
for  all  the  estate  he  holds  in  the  town,  being  under  his  own  actual 
improvement,  and  all  other  of  his  real  estate  in  the  same  town  shall 
be  taxed  in  the  district  in  which  it  is  included;  and  all  real  estate 


LAWS  OF   NEW   HAMPSHIRE  667 

when  the  owner  thereof  lives  without  the  town,  shall  be  taxed  in 
such  district  or  districts  as  the  Selectmen,  having  regard  to  the  local 
situation  thereof,  shall  determine;  and  it  shall  be  the  duty  of  the 
selectmen  before  they  assess  a  tax  for  any  district  to  determine  in 
which  district  such  real  estate  respectively  shall  be  taxed,  and  to 
certify  in  writing  their  determination  to  the  clerk  of  the  town,  who 
shall  record  the  same;  and  such  real  estate,  while  owned  by  any 
person  residing  without  the  limits  of  the  town,  shall  be  taxed  in 
such  districts  until  the  town  shall  be  districted  anew:  and  the 
selectmen  shall  assess,  in  the  same  manner  as  town  taxes  are  as- 
sessed on  the  polls  and  estates  of  the  inhabitants  composing  any 
school  district  denned  as  aforesaid,  and  on  real  estate  in  said  town, 
belonging  to  persons  living  out  of  the  same,  which  the  selectmen 
shall  have  directed  to  be  taxed  in  such  district,  all  monies  voted  to 
be  raised  by  the  inhabitants  of  such  district  for  the  purposes  afore- 
said, in  thirty  days  after  the  clerk  of  the  district  shall  certify  to 
said  selectmen  the  sum  voted  by  the  district  to  be  raised  as  afore- 
said; and  it  shall  be  the  duty  of  said  selectmen  to  make  a  warrant 
directed  to  one  of  the  collectors  of  the  town  to  which  such  district 
belongs,  empowering  and  directing  said  collector  to  levy  and  collect 
the  tax  so  assessed,  and  to  pay  the  same,  within  a  time  limited  in 
said  warrant,  to  the  treasurer  or  selectmen  of  the  town  to  whom 
a  certificate  of  the  assessment  shall  be  made  by  the  assessors,  and 
the  money  so  collected  and  paid  shall  be  at  the  disposal  of  the  com- 
mittee of  the  district,  to  be  by  them  applied  for  the  building,  re- 
pairing or  purchasing  of  a  school-house  in  the  district  to  which 
they  belong;  and  such  collector,  in  collecting  such  tax,  shall  have 
the  same  powers,  and  be  holden  to  proceed  in  the  same  manner  as 
is  by  law  provided  in  collecting  town  taxes. 

Sec.  4.  And  be  it  further  enacted,  That  the  treasurer  or  select- 
men of  any  town,  to  whom  a  certificate  of  the  assessment  of  a  dis- 
trict tax  shall  be  transmitted  as  aforesaid,  shall  have  the  same 
authority  to  enforce  the  collection  and  payment  of  such  tax,  so 
assessed  and  certified,  as  if  the  same  had  been  voted  to  be  raised 
by  the  town  for  the  town's  use. 

Sec  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  selectmen  of  the  several  towns  and  places,  divided  into  school- 
districts  as  aforesaid,  upon  application  made  to  them  in  writing  by 
three  or  more  freeholders  resident  within  any  school  district  in 
their  respective  towns,  to  issue  their  warrant  directed  to  any  one  of 
the  persons  making  such  application,  requiring  him  to  warn  the  in- 
habitants of  such  district  qualified  to  vote  in  town  affairs,  to  meet 
at  such  time  and  place  in  the  same  district  as  the  selectmen  shall, 
in  their  warrant,  appoint;  and  the  said  warning  shall  be  by  notify- 
ing personally  every  person  in  the  district,  qualified  to  vote  in  town 
affairs,  or  by  leaving  at  their  usual  places  of  abode  a  notification  in 
writing,  expressing  therein  the  time,  place  and  purpose  of  the  meet- 


668  LAWS  OF   NEW  HAMPSHIRE 

ing,  ten  days  at  least  before  the  time  appointed  for  holding  the 
same;  or  notice  of  said  meeting  may  be  given  by  posting  on  the 
door  of  the  school-house,  and  in  at  least  two  other  publick  places 
in  such  district,  a  copy  of  said  warrant,  certified  by  the  person  to 
whom  it  may  have  been  directed,  at  least  fifteen  days  prior  thereto; 
and  any  vote  to  raise  money,  passed  by  a  majority  of  the  inhab- 
itants of  any  school-district  present,  at  any  district  meeting  holden 
pursuant  to  this  act,  shall  be  obligatory  on  the  inhabitants  of  said 
district  to  be  assessed,  levied  and  collected  in  the  manner  pre- 
scribed in  this  act. 

Sec.  6.  And  be  it  further  enacted,  That  if  the  majority  of  the 
inhabitants  of  any  school  district  cannot,  or  do  not,  agree  where  to 
erect  a  school-house  for  the  accommodation  of  the  same,  the  select- 
men of  the  town,  to  which  such  district  belongs,  upon  application 
made  to  them  in  writing  by  the  Committee  of  the  district,  are 
hereby  authorized  and  empowered  to  determine  on  the  place  where 
a  school-house  for  the  use  and  accommodation  of  the  district,  shall 
be  erected;  and  if  said  inhabitants  shall  refuse  or  neglect  to  choose 
a  committee,  or  if  any  committee  shall  refuse  or  neglect  to  apply  to 
said  selectmen  for  the  purpose  of  locating  a  school-house  as  afore- 
said, in  such  case,  any  three  or  more  freeholders,  resident  in  such 
district  may  apply  to  said  selectmen  in  writing,  stating  such  refusal 
or  neglect,  and  requesting  them  to  make  such  location;  and  the  said 
selectmen  may  thereupon  proceed  and  designate  the  place  where 
said  school-house  shall  be  erected. 

Sec.  7.  And  be  it  further  enacted,  That  the  several  and  respec- 
tive school-districts  be  and  they  hereby  are  authorised  and  empow- 
ered to  purchase  and  hold  in  fee  simple,  or  otherwise,  so  much  land 
as  may  be  necessary  whereon  to  erect  a  school-house  and  such  other 
buildings,  and  also  for  such  yard  as  may  be  necessary  for  the  ac- 
commodation of  said  schools;  and  the  inhabitants  of  the  said 
several  school  districts  are  hereby  authorised  and  empowered  at 
any  legal  meeting,  holden  for  that  purpose,  to  raise  any  sum  or 
sums  of  money  for  the  purpose  of  purchasing  said  land,  to  be  as- 
sessed, levied  and  collected  in  manner  aforesaid;  provided  said 
land  do  not  exceed  in  quantity  one  fourth  part  of  an  acre,  and  may 
maintain  any  action  of  trespass  or  ejectment  against  any  person 
or  persons,  who  may  trespass  upon,  or  do  damage  to  said  land  or 
buildings,  and  the  same  pursue  to  final  judgment  and  execution. 

Sec.  8.  And  be  it  further  enacted,  that  whenever  a  suitable 
place  for  the  erection  of  a  school  house  and  other  necessary  build- 
ings in  any  school  district  shall  have  been  designated,  in  either  of 
the  ways  pointed  out  in  this  act,  and  the  owner  or  owners  of  the 
land  thus  designated  shall  refuse  to  sell  the  same,  or  shall  demand 
therefor  a  price  which  in  the  opinion  of  the  selectmen  of  the  town  to 
which  such  district  belongs  is  unreasonable,  in  everv  such  case,  the 
said  selectmen  may  proceed  and  lay  out  such  school-house  lot,  not 


LAWS   OF   NEW  HAMPSHIRE  669 

exceeding  in  quantity  one  eighth  part  of  an  acre,  and  appraise  the 
damages  to  the  owner  or  owners  of  said  land  in  the  same  way  and 
manner  as  is  provided  by  law  for  laying  out  publick  highways,  and 
appraising  the  damages  sustained  thereby;  reserving  to  any  such 
owner  or  owners,  the  right  of  petitioning  the  Court  of  Common 
Pleas  for  redress,  as  is  provided  in  the  second  section  of  the  act 
entitled,  "An  act  for  laying  out  highways,"  and  upon  payment  of 
such  damages,  or  tender  thereof,  the  said  land  may  be  taken,  held 
and  used  tor  the  purposes  for  which  it  was  laid  out,  and  the  said 
district  may  prosecute  and  maintain  any  action  as  aforesaid  against 
any  person  or  persons  trespassing  or  doing  damage  thereon.  And 
the  land,  taken  agreeably  to  the  provisions  of  this  section  for  a 
school-house  lot,  shall  revert  to  the  owner  of  said  land,  his  heirs 
or  assigns  whenever  after  the  erection  of  said  house  a  majority 
of  the  legal  voters  of  any  school  district,  at  a  meeting  called  for  the 
purpose,  shall  vote  to  discontinue  the  use  and  occupation  thereof,  as 
a  school-house  lot,  or  shall  actually  for  the  term  of  two  successive 
years,  neglect  or  refuse  to  use  arid  occupy  the  land  for  the  purpose 
aforesaid. 

Sec.  9.  And  be  it  further  enacted,  That  if  any  school-district 
is  now,  or  hereafter  shall  become,  destitute  of  a  school  house,  or  if 
the  school  house  in  any  such  district  is  now,  or  hereafter  shall 
become,  ruinous  and  out  of  repair,  and  the  inhabitants  thereof  shall 
refuse  or  neglect  to  build,  purchase  or  repair  their  school  house; 
in  such  case,  any  three  or  more  of  the  freeholders  resident  in  such 
district  may  apply  in  writing  to  the  selectmen  of  the  town  to  which 
such  district  belongs,  stating  the  destitute  situation  of  such  dis- 
trict, or  the  ruinous  condition  of  the  school  house  therein,  and  the 
refusal  or  neglect  of  said  inhabitants;  and  the  said  selectmen  there- 
upon may,  and  they  hereby  are  authorised  to  assess  upon  such  dis- 
trict such  sum  or  sums  of  money,  as  they  may  deem  requisite  for 
the  building,  purchasing,  or  repairing  of  a  school  house  and  other 
necessary  buildings  therein  in  the  same  manner  as  if  such  sum  or 
sums  had  been  voted  to  be  raised  at  a  legal  meeting  of  said  district, 
and  may  in  like  manner  cause  the  same  to  be  levied  and  collected 
and  under  their  direction,  or  by  a  committee  or  agent  by  them  ap- 
pointed, laid  out  and  expended  in  building,  purchasing  or  repairing 
a  school  house  and  other  necessary  buildings  as  aforesaid. 

Sec  10.  And  be  it  further  enacted,  That  an  act  entitled  "An 
Act  empowering  school  districts  to  build  and  repair  school  houses, 
and  regulating  schools,"  approved  December  28.  1805;  and  the 
fifth  section  of  an  act  entitled  "An  Act  for  the  better  regulation  of 
schools  and  for  repealing  certain  laws  now  in  force  respecting  the 
same,"  approved  December  22,  1808;  and  "an  act  in  addition  to 
and  in  amendment  of  an  act  empowering  school  districts  to  build 
and  repair  school-houses  and  regulating  schools,  passed  December 
28.  1805;"  passed  June  30.  1825,  be,  and  the  same  hereby  are  re- 


67O  LAWS   OF    NEW   HAMPSHIRE 

pealed:  Provided  however,  that  nothing  herein  contained  shall 
affect  the  doings  of  any  town  or  school  district  under  the  provisions 
of  the  acts  hereby  repealed.  Provided  further,  that  this  act  shall 
not  take  effect  until  the  first  day  of  September  next. 


[CHAPTER  59.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  for  establishing  an  equitable  method  of  making 

TAXES 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  291.  Session  Laws,  1827,  Chap. 
59.  Laws,  1830  ed.,  p.  553.  This  act  repeals  acts  of  February  8,  1791,  Laws 
of  New  Hampshire,  vol.  5,  p.  603;  December  1,  1812,  id.,  vol.  8,  p.  146;  July  1, 
1825,  ante,  p.  445;  July  7,  1826,  ante,  p.  569,  and  probably  the  act  of  Decem- 
ber 30,  1803,  Laws  of  New  Hampshire,  jrol.  7,  p.  248,  instead  of  December  30, 
1816,  as  given  in  Section  16  of  this  act.  See  also  acts  of  December  16,  1812, 
id.,  vol.  8,  p.  183;  June  22,  1832,  Session  Laws,  1832,  Chap,  yy,  June  24,  1834, 
id.,  1834,  Chap.  180;  July  5,  1834,  id.,  Chap.  181,  and  December  17,  1840,  id., 
November,  1840,  Chap.  550.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  inhabitants  of  the 
several  towns  in  this  state  shall  annually  exhibit  to  the  Selectmen 
a  just  and  true  account  of  their  polls  and  estates  rateable  by  law. 
And  the  selectmen  shall  give  warning  at  some  public  meeting  or 
post  up  advertisements  at  some  public  place  or  places  in  their  town, 
or  in  some  other  way  give  notice  to  the  inhabitants  of  the  time  and 
place  in  the  town  when  and  where  they  will  meet  to  receive  such 
account;  or  the  selectmen  may  make  personal  application  to  the 
respective  inhabitants  of  the  town  for  an  account  of  their  polls  and 
rateable  estate,  or  in  any  manner  the  town  at  a  legal  meeting  may 
direct.  And  the  said  invoice  shall  be  taken  of  what  the  respective 
inhabitants  had  and  possessed  on  the  first  day  of  April  and  shall 
be  taken  some  time  in  the  same  month;  and  in  case  any  person 
shall  remove  from  any  town  on  or  after  the  first  day  of  April  he 
shall  pay  his  taxes  that  year  in  the  town  from  which  he  removed; 
and  if  any  person  shall  neglect,  after  being  duly  notified,  or  shall 
refuse  when  called  upon  in  person  by  any  of  the  selectmen,  to  give 
a  true  account  of  his  poll  and  rateable  estate  on  oath,  if  required, 
which  oath  any  selectman  is  hereby  empowered  to  administer,  the 
sel°ctm°n  mav  sAt  down  to  such  person  or  persons,  as  much  by  way 
of  doomage  as  they  shall  iudw  equitable  and  make  the  assessment 
accordin^lv,  which  shall  not  be  abated  by  the  court  of  Common 
Pleas  unless  in  cases  where  the  person  is  unable  to  exhibit  a  par- 
ticular account  and  shall  make  oath  that  such  is  the  real  case,  and 


LAWS  OF   NEW   HAMPSHIRE  67 l 

that  he  has  used  every  endeavour  in  his  power  to  enable  him  to 
make  out  such  account. 

Section  2.  And  be  it  further  enacted  that  if  any  person  in  giv- 
ing an  account  to  the  selectmen  of  his  estate  rateable  by  law,  shall 
not  give  in  the  whole  of  his  estate  so  rateable,  but  shall  conceal 
some  part  thereof  from  the  knowledge  of  such  selectmen,  they  may 
for  any  estate  so  concealed  and  not  given  in,  upon  discovery  of  the 
fraud,  rate  such  person  in  all  taxes  for  that  year  four  times  as  much 
as  such  estate  if  given  in  by  the  owner  would  by  law  have  been 
rated  or  taxed. 

Section  3.  And  be  it  further  enacted  that  the  selectmen  of  the 
several  towns  in  this  state  be  and  hereby  are  empowered  either  per- 
sonally or  in  writing  to  demand  of  the  cashier  or  other  principal 
officer  of  any  bank  incorporated  by  and  acting  under  the  authority 
of  this  state,  an  account  in  writing  of  all  the  shares  in  such  bank, 
and  their  amount  in  value  owned  by  any  inhabitant  or  resident  of 
the  town  of  which  the  persons  so  applying  are  then  selectmen. 
And  it  is  hereby  made  the  duty  of  such  cashier  or  principal  officer 
on  such  application  to  furnish  at  said  bank,  such  applicants  with 
an  account  in  writing  of  all  the  shares  and  their  amount  in  value 
which  shall  then  be  owned  in  said  bank  by  any  inhabitant  or  res- 
ident of  the  town  of  which  such  applicants  may  be  selectmen  within 
four  days  from  the  time  of  such  application. 

Section  4.  And  be  it  further  enacted,  that  if  any  cashier  or 
other  principal  officer  of  any  bank  to  whom  any  selectmen  may 
make  application  as  aforesaid  for  the  purpose  aforesaid,  shall  neg- 
lect or  refuse  to  furnish  such  selectmen  with  an  account  of  all  the 
shares  owned  by  any  inhabitants  or  residents  of  the  respective 
towns  of  which  said  applicants  shall  then  be  the  selectmen,  said 
cashier  or  principal  officer  shall  forfeit  and  pay  for  such  refusal 
or  neglect  a  sum  not  less  than  one  hundred  dollars  nor  more  than 
four  hundred  dollars  to  be  recovered  by  an  action  of  debt  in  the 
name  and  for  the  use  of  the  town  of  which  such  applicants  shall  be 
selectmen. 

Section  5.  And  be  it  further  enacted  that  the  rateable  estate 
belonging  to  any  manufacturing  company  or  corporation  in  this 
state  shall  hereafter  be  taxed  to  such  company  or  corporation  by  its 
corporate  name  and  in  the  town  or  place  wherein  such  rateable 
estate  is  situated;  and  the  personal  estate  of  such  corporation  or 
company  shall  be  held  subject  and  liable  to  distraint  and  sale  for 
the  payment  of  all  taxes,  which  may  be  on  such  corporation  or  com- 
pany assessed,  in  the  same  way  or  manner  as  the  personal  estate  of 
individuals  is  or  may  be  by  law  liable.  And  in  assessing  public 
taxes  on  any  manufacturing  company  or  corporation  in  this  state 
all  raw  materials  intended  for  manufacture  and  all  manufactures 
belonging  to  such  corporation  or  companv.  shall  be  estimated  and 
taxed  as  stock  in  trade;    all  factory  buildings  and  work  shops — ■ 


672  LAWS   OF    NEW   HAMPSHIRE 

with  the  machinery  thereunto  appertaining  and  all  other  buildings 
belonging  to  and  owned  by  any  such  corporation  or  company  shall 
be  estimated  and  taxed  as  buildings  and  all  other  rateable  estate 
of  such  corporation  or  company  shall  be  valued  and  taxed  at  the 
same  rate  as  the  same  kinds  of  rateable  estate  owned  by  individuals, 
are  by  law  valued  and  taxed.  Provided  that  no  factory  building  or 
machinery  shall  be  liable  to  taxation  until  the  same  shall  be  in  a 
situation  to  be  put  into  operation. 

Section  6.  And  be  it  further  enacted,  that  it  shall  be  the  duty 
of  the  clerk,  agent  or  directors  of  any  manufacturing  company  or 
corporation  in  this  state  annually  to  exhibit  to  the  selectmen  of  the 
town  in  which  such  manufacturing  establishment  is  situated,  a  true 
and  just  account  of  all  the  rateable  estate  of  which  such  company 
or  corporation  shall  be  possessed  on  the  first  day  of  April  in  each 
year  at  the  average  value  thereof  for  the  year.  And  in  case  any 
such  clerk,  agent,  or  Directors,  shall  neglect  after  being  duly  not- 
ified, or  shall  refuse  when  any  of  the  selectmen  shall  call  upon  him 
in  person,  to  give  a  true  account  on  oath,  if  requested  of  the  rate- 
able estate  of  such  manufacturing  company  or  corporation,  which 
oath  any  selectman  is  hereby  empowered  to  administer,  or  in  case, 
such  clerk,  agent  or  directors  in  giving  an  account  of  the  rateable 
estate  of  such  company  or  corporation  shall  not  give  in  the  whole 
thereof  so  rateable,  but  shall  fraudulently  conceal  some  part 
thereof  from  the  knowledge  of  such  selectmen  they  may  for  such 
neglect  or  refusal,  doom,  or  for  such  fraudulent  concealment,  assess, 
such  company  or  corporation  in  the  same  way  and  manner,  and  at 
the  same  rate  as  they  may  by  law  doom  and  assess  an  individual 
for  such  neglect  or  refusal  and  for  such  fraudulent  concealment  of 
a  part  of  his  rateable  estate. 

Section.  7.  And  be  it  further  enacted  that  where  any  manufac- 
tury  shall  be  owned  by  any  individual  or  individuals  not  incor- 
parated  the  same  shall  be  taxed  to  the  owner  or  owners  in  the  town 
where  the  said  factory  is  situated  at  the  same  rates  as  are  prescribed 
in  this  act  for  assessing  manufacturing  corporations. 

Section  8.  And  be  it  further  enacted  that  all  stallions  and  all 
other  horses  and  mares,  all  jacks  and  mules,  all  oxen,  cows  and 
other  neat  stock  taxable  by  law,  kept  in  any  town  in  this  state,  and 
all  stock  in  trade  employed  in  any  town  owned  by  any  person  or 
persons  not  residing  in  the  town,  where  any  such  property  may  be 
kept  or  employed  shall  be  taxed  to  the  person  or  persons  having 
the  care  thereof  on  the  first  day  of  April,  in  the  town  where  the 
same  may  be  so  kept  or  employed.  And  the  property  thus  taxed 
shall  be  holden  for  the  payment  of  all  taxes  duly  assessed  thereon. 
And  the  person  having  the  care  of  such  property  on  the  first  day 
of  April,  shall  give  the  selectmen  of  any  such  town  a  true  account 
thereof,  and  for  neglecting  or  refusing  so  to  do,  shall  be  subject 
to  the  same  penalties  as  by  law  are  imposed  upon  those  who  neglect 


LAWS  OF   NEW  HAMPSHIRE  673 

or  refuse  to  give  such  account  of  their  own  property  and  the  owner 
thereof  shall  not  be  taxed  therefor  in  the  town  where  he  may  re- 
side And  any  person  or  persons,  so  having  the  care  of  such  prop- 
er y  and  having  been  taxed  therefor  shall  have  a  right  to  retain  the 
same  until  the  taxes  assessed  thereon  shall  be  paid,  and  having  paid 
any  tax  thereon  assessed,  shall  have  a  right  to  recover  the  amount 
of  the  tax  so  paid  of  the  owners  of  the  property  m  an  action  for 

monev  paid. 

Section.  9.  And  be  it  further  enacted  that  the  guardians  of 
minors,  of  idiots,  of  distracted  persons,  or  persons  non  compos 
mentis,  and  of  idle  persons,  shall  annually  exhibit  to  the  selectmen 
of  the  respective  towns  in  this  state  a  just  and  true  account  of  the; 
rateable  estates  of  their  respective  wards,  in  the  same  way  and 
manner  as  the  inhabitants  of  towns  are  required  by  law  to  exhibit 
an  account  of  their  own  rateable  estates.  And  it  shall  be  the  duty 
of  the  guardians  to  pay  all  taxes  legally  assessed  on  their  wards, 
and  the  taxes  by  them  so  paid,  shall  be  allowed  on  settlement  of 
their  guardianship  accounts.  Provided  nevertheless  that  it  shall  be 
the  duty  of  the  selectmen  to  make  such  deductions  from  the  inven- 
tories of  the  estates  of  distracted  persons,  and  persons  non  compos 
mentis  as  they  shall  think  just  and  reasonable,  whenever  it  shall 
appear  that  the  income  of  their  estates  is  insufficient  to  support 
them. 

Section  10.  And  be  it  further  enacted  that  all  rates  and  taxes 
shall  be  made  and  assessed  in  proportion  to  the  amount  of  each 
person's  poll  and  rateable  estate,  And  all  personal  estate  and  all 
buildings  and  real  estate  shall  be  taxed  to  the  person  claiming  the 
same,  or  to  the  person  who  is  in  possession  and  actual  occupancy 
thereof  and  such  real  estate  so  taxed  shall  be  holden  and  liable  for 
the  taxes  thereon  assessed,  and  when  the  owner  of  any  land  and 
personal  estate  shall  have  deceased,  the  same  may  be  taxed  to  the 
widow,  any  of  the  children,  heirs,  or  any  other  person  who  will  con- 
sent to  be  considered  as  in  possession  thereof;  but  if  no  person 
will  consent  to  be  taxed  therefor,  the  same  shall  be  taxed  generally 
to  the  heirs  of  such  deceased  person;  and  when  any  person  shall 
be  living  in  any  house  or  on  any  farm,  on  the  first  day  of  April, 
and  shall  not  be  the  owner,  thereof  and  shall  refuse  to  give  the 
same  unto  the  selectmen  as  his  estate,  the  same  shall  be  particularly 
described  in  the  taxbill  as  under  the  occupant  on  the  first  day  of 
April  who  shall  be  named  and  the  number  of  acres  as  near  as  may 
be  estimated,  the  number  of  the  lots  or  such  other  description  shall 
be  given  as  the  said  land  farm  or  buildings  are  commonly  known  by; 
and  in  case  no  person  shall  be  in  actual  possession  of  any  house 
which  is  in  the  judgment  of  the  selectmen  tenantable,  or  any  real 
estate  improved  as  pasture,  mowing,  arable  or  otherwise,  and  the 
same  shall  not  be  owned  by  any  inhabitant  or  resident  in  such  town 
the  said  house  and  land  shall  be  particularly  described  as  aforesaid 


43 


674  LAWS  OF   NEW   HAMPSHIRE 

and  shall  be  taxed  in  such  list  without  mentioning  the  owner,  unless 
he  be  known  to  the  selectmen,  in  which  case  his  name  shall  be  men- 
tioned. 

Section  n.  And  be  it  further  enacted  that  the  selectmen  and 
assessors  of  the  several  towns  and  places  in  this  state  be,  and  they 
are  hereby  authorized  empowered,  and  required  seasonably  in  every 
year  to  assess  the  polls  and  estates  in  their  respective  towns  and 
places  according  to  the  rules  and  directions  of  the  law,  their  just 
and  equal  proportion  of  all  sums  of  money  granted  by  the  general 
court  for  which  they  shall  have  a  warrant  under  the  hand  and  seal 
of  the  treasurer  of  the  state,  and  their  proportion  of  all  sums  of 
money  legally  voted  to  be  raised  to  defray  county  charges,  for 
which  they  shall  have  a  warrant  under  the  hand  and  seal  of  the 
treasurer  of  the  same  county;  and  all  such  sums  of  money  as  shall 
be  legally  voted  to  be  raised  at  a  meeting  of  the  inhabitants  of  their 
town  duly  holden;  and  they  shall  also  assess  the  polls  and  estates 
in  such  town  all  such  sums  of  money  as  they  may  by  any  law  of 
this  state  be  authorized  and  empowered  to  assess.  And  the  select- 
men or  assessors  may  from  time  to  time,  if  they  Judge  it  necessary 
and  convenient  in  assessing  any  tax  whatever  assess  a  sum  over 
and  above  the  sum  required  to  be  assessed  not  exceeding  five  per 
cent  upon  the  sum  to  answer  any  abatements  that  may  be  necessary 
in  oollecting  such  taxes,  which  sum  so  assessed  above  the  sum  re- 
quired shall  be  paid  into  the  town  treasury  for  the  use  of  the  town  or 
place.  And  the  selectmen  shall  make  lists  of  all  such  assessments 
under  their  hands,  and  commit  the  same  unto  the  collector  or  col- 
lectors of  their  respective  towns  with  a  warrant  under  their  hands 
and  seal  in  due  form  of  law;  and  in  such  lists  shall  be  set  down  and 
expressed  the  names  of  all  the  inhabitants  or  residents  therein  taxed 
for  their  polls  and  estates  or  estates  only  and  their  several  propor- 
tions of  each  tax.  And  the  said  selectmen  shall  cause  a  fair  entry  and 
record  to  be  made,  of  all  invoices  by  them  taken  and  assessments 
by  them  made,  in  a  book  of  records,  of  the  doings  and  proceedings 
of  the  selectmen  in  their  said  office  which  book  shall  be  the  property 
of,  and  shall  be  open  to  any  of  the  inhabitants  of  the  town.  And 
the  said  selectmen  shall  also  have  their  assessments  recorded  by  the 
town  clerk  in  the  book  of  records  belonging  to  the  town  or  shall 
leave  an  attested  copy  with  him  seasonably  for  that  purpose,  and 
a  copy  of  the  invoice  from  which  the  assessment  was  made  shall 
be  recorded  or  left  with  the  town  clerk  in  manner  aforesaid  that 
the  inhabitants  and  others  rated  may  inspect  the  same. 

Section  12.  And  be  it  further  enacted  that  the  selectmen  of 
every  town  shall  seasonably  return  to  the  respective  treasurers  or 
persons  to  whom  they  shall  order  the  collector  to  pay  any  sum  or 
sums  of  money  the  name  or  names  of  the  collector  or  collectors 
in  their  respective  towns  with  an  account  of  the  sums  he  is  ordered 
to  collect  and  pay  to  them  respectively,  the  date  of  the  warrants 


LAWS   OF   NEW   HAMPSHIRE  675 

given  to  him  for  that  purpose  and  the  time  when  he  was  ordered  to 
pay  the  same  to  the  respective  treasurers  aforesaid. 

Section  13.  And  be  it  further  enacted  that  If  the  selectmen  of 
any  town  or  place  in  this  state,  having  received  the  State  or  county 
treasurer's  warrant  requiring  them  to  assess  any  sum  or  sums  of 
money  on  the  polls  and  estates  within  their  respective  towns,  shall 
neglect  to  assess  the  same  within  the  time,  in  the  manner  and  ac- 
cording to  the  directions  given  in  such  warrants  the  same  being 
agreeable  to  law,  the  persons  and  estates  of  such  selectmen  shall 
be  liable  and  hereby  are  subjected  to  be  taken  in  execution  for  the 
same  to  be  issued,  served  and  executed  in  all  respects  as  the  law  pre- 
scribes in  the  case  of  neglect  of  collectors  in  paying  the  sums  con- 
tained in  their  lists;  and  the  said  treasurers  are  hereby  authorized 
and  empowered  to  issue  their  executions  against  said  selectmen 
accordingly  and  such  selectmen  shall  have  no  remedy  against  the 
inhabitants  of  such  town  for  any  thing  except  the  sum  mentioned 
in  the  treasurer's  warrant,  when  they  shall  have  paid  the  same,  and 
in  any  suit  to  be  brought  for  the  recovery  of  the  same  the  select- 
men shall  recover  no  costs;  and  in  case  the  selectmen  shall  neglect 
to  return  the  name  or  names  of  the  collector  or  collectors  to  whom 
they  shall  commit  any  list  of  state  county  or  town  taxes,  to  the 
treasurer  of  the  State  county  or  town  agreeably  to  the  directions 
given  them  by  the  state  treasurer  county  treasurer,  or  towns  re- 
spectively they  shall  be  liable  to  executions  from  the  said  treasurers 
respectively  in  the  same  manner  as  in  cases  where  they  neglect  to 
make  any  assessment,  and  shall  have  no  remedy  against  the  inhab- 
itants of  their  respective  towns  for  any  thing  except  the  sums  by 
them  actually  paid  to  the  treasurers  aforesaid  and  shall  recover  no 
costs  in  any  suit  brought  for  the  recovery  of  the  same.  And  in  all 
cases  where  an  execution  is  issued  against  selectmen  for  neglect  in 
assessing  taxes  or  neglect  in  returning  the  name  of  the  collector,  the 
same  shall  be  issued  against  the  selectmen  whose  duty  it  was  to 
assess  the  tax  and  to  return  the  name  of  the  collector  and  in  case 
no  estate  of  such  selectmen  can  be  found  whereon  to  levy  the  same, 
and  their  bodies  cannot  be  found  to  be  imprisoned,  and  the  same 
shall  be  so  returned  by  the  sheriff  to  whom  the  same  execution  may 
be  directed,  an  execution  for  the  same  sums  may  then  be  issued 
against  the  inhabitants  of  such  town  in  the  same  manner  as  in  the 
case  where  such  inhabitants  had  neglected  to  choose  any  selectmen 
or  assessors. 

Section  14.  And  be  it  further  enacted,  that  the  selectmen  be 
and  they  hereby  are  empowered  to  abate  any  taxes,  as  well  those 
assessed  by  their  predecessors  as  by  themselves,  of  any  person 
applying  for  the  same,  provided  sufficient  reason  for  such  abate- 
ment be  shewn;  and  if  the  selectmen,  diny  or  refuse  to  make  such 
abatement  the  person  conceiving  himself  aggrieved  by  any  tax  or 
assessment,  may  apply  by  way  of  petition  to  the  court  of  common 


676  LAWS    OF   NEW   HAMPSHIRE 

pleas  in  the  same  county,  who  are  hereby  empowered  to  make  such 
order  in  the  premises  as  justice  may  require.  Provided  that  such 
application  be  made  within  nine  months  after  such  person  shall 
have  been  notified  of  such  assessment  and  requested  to  pay  the 
same.  And  provided  further  that  the  court  of  common  pleas  shall 
not  have  power  to  abate  any  taxes  except  as  to  such  articles  and 
matters  as  the  selectmen  having  the  power  of  valueing  shall  in  the 
judgment  of  said  court  have  overruled  and  as  to  sums  set  down  by 
way  of  doomage,  for  not  giving  an  invoice,  where  the  person 
doomed  was  unable  to  give  an  invoice. 

Section  15.  And  be  it  further  enacted,  that  the  inhabitants  of 
any  town  at  their  annual  meeting  if  an  article  be  inserted  in  the 
warrant  for  the  purpose  may  exempt  the  unimproved  lands  of  non 
residents  from  all  or  any  part  of  the  taxes  aforesaid. 

Section  16.  And  be  it  further  enacted,  that  an  act  entitled  an 
act  for  establishing  an  equitable  method  of  making  taxes  and  for 
ascertaining  the  powers  of  selectmen  passed  on  the  eighth  day  of 
February  1791;  the  act  entitled  an  act  in  addition  to  an  act  enti- 
tled an  act  for  establishing  an  equitable  method  of  making  taxes 
and  for  ascertaining  the  powers  of  selectmen  passed  on  the  first 
day  of  December  181 2;  the  act  entitled  an  act  in  addition  to  an 
act  entitled  an  act.  for  taxing  the  lands  and  buildings  of  nonresi- 
dents, passed  on  the  thirtieth  day  of  December,  181 6;  the  act  enti- 
tled an  act  in  addition  to  an  act  entitled,  an  act,  for  establishing  an 
equitable  method  of  making  taxes  and  for  ascertaining  the  powers 
of  selectmen  passed  on  the  seventh  day  of  July,  1826;  and  the  act 
entitled  an  act  prescribing  the  mode  of  assessing  taxes  on  manu- 
factories, passed  on  the  first  day  of  July,  1825;  be  and  the  same 
are  hereby  repealed.  Provided,  however,  that  nothing  herein  shall 
affect  the  collection  of  any  taxes  heretofore  made  by  virtue  of  any 
act  hereby  repealed,  or  the  collection  of  any  forfeitures  incurred 
under  the  same. 


[CHAPTER  60.] 


State  of  ) 

New  Hampshire.  ( 


An  Act  to  incorporate  Arthur  Branscomb  and  his  associ- 
ates BY  THE  NAME  OF  THE  PlSCATAQUA   STEAM  BOAT  COMPANY. 

[Approved  July  7,  1827.     Acts,  vol.  24,  p.  307.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Arthur  Branscomb  and 
his  associates  and  successors  be,  and  hereby  are,  created  a  corpora- 
tion by  the  name  of  the  Piscataqua  Steam  Boat  Company,  and  for 
the  purpose  of  transporting,  by  means  of  steam-boats  or  steam- 
vessels,  upon  the  waters  of  the  Piscataqua  River  and  its  branches, 


LAWS  OF   NEW  HAMPSHIRE  677 

passengers,  goods,  wares,  merchandize,  lumber,  corn  grain,  and  any 
other  articles  or  products  whatever. 

Section  2.  And  be  it  further  enacted,  that  said  Corporation,  in 
common  with  others,  is  hereby  vested  with  the  right  and  privilege  of 
using  and  employing  steam-boats  or  steam-vessels  on  said  river  and 
its  branches,  for  the  term  of  twenty  years,  from  and  after  the  first 
day  of  June  in  the  year  of  our  Lord  one  thousand,  eight  hundred 
and  twenty  eight. 

Section  3.  And  be  it  further  enacted,  that  said  Company  may 
take  and  hold  any  wharves,  store-houses  or  other  real  estate,  not 
exceeding  in  value  ten  thousand  dollars,  and  personal  estate  not 
exceeding  fifteen  thousand  dollars,  for  the  use  of  said  Company; 
and  may  exercise  all  the  rights  and  powers,  and  are  made  subject 
to  all  the  liabilities  of  Corporations  of  a  similar  nature. 

Section  4.  Arid  be  it  further  enacted,  that  if  said  Company  shall 
not,  within  eighteen  months  from  and  after  the  first  day  of  June 
next,  put  into  use  and  operation  on  said  river  for  the  purposes 
aforesaid,  one  steam-boat  or  steam-vessel;  or  if  said  Company  shall 
afterwards  for  the  term  of  four  months,  at  any  one  time,  during 
the  boating  season,  discontinue  or  omit  to  use  and  employ  a  steam- 
boat or  steam-vessel  on  said  river  and  its  branches,  for  the  purposes 
aforesaid,  unless  said  boat  or  vessel  be  injured  and  prevented  from 
running  by  inevitable  accident,  or  shall  for  the  term  of  one  year, 
at  any  one  time,  for  any  cause,  discontinue  or  omit  to  use  and  em- 
ploy a  steam-boat  or  steam-vessel  for  the  purposes  aforesaid,  this 
act  shall  be  wholly  null  and  void. 

Section  5.  And  be  it  further  enacted,  that  the  above  named 
Arthur  Branscomb  may  call  the  first  meeting  of  said  Company,  by 
giving  personal  notice  to  each  of  his  associates  of  the  time,  place 
and  object  of  the  same,  at  least  three  days  prior  to  said  meeting. 


[CHAPTER  61.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  provide  for  the  transferring  of  certain  business 
from  the  Court  of  Probate  in  the  County  of  Cheshire  to 
the  Probate  Court  in  the  County  of  Sullivan,  and  for 
other  purposes. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  309.  Session  Laws,  1827,  Chap. 
61.  See  act  of  July  5,  1827,  ante,  p.  649.  Repealed  by  act  of  January  2, 
1829,  post.'] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  all  business  which  shall 
be  pending  in  the  Court  of  Probate  for  the  County  of  Cheshire  on 
the  second  day  of  September  next  wherein  the  parties  concerned 


678  LAWS  OF   NEW   HAMPSHIRE 

shall  then  reside  in  or  be  inhabitants  of  any  of  the  towns  in  said 
County  of  Sullivan  shall  be  transferred  to  the  Court  of  Probate  in 
said  County  of  Sullivan  and  said  court  shall  receive,  act  upon  and 
determine  the  same,  in  the  same  way  and  manner  that  such  business 
might  have  been  heard  and  determined  in  the  said  County  of 
Cheshire  had  not  such  business  been  transferred  as  provided  in 
this  act. 

Section  2.  And  be  it  further  enacted,  That  the  Judge  of  Pro- 
bate, and  the  Register  of  Probate  for  said  County  of  Sullivan  shall 
each  have  and  receive  in  addition  to  the  salaries  heretofore  provided 
the  sum  of  twenty  five  dollars  annually. 


[CHAPTER  62.] 


State  oj  \ 

New  Hampshire.  \ 


An  act  to  provide  for  the  collection  of  taxes  assessed  upon 
the  inhabitants  of  towns. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  312.  Ssssion  Laws,  1827,  Chap. 
62.  Laws,  1830  ed.,  p.  560.  See  act  of  July  3,  1838,  Session  Laws,  1838, 
Chap.  381.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes 
(1842),  Chap.  230.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  it  shall  be  the  duty  of  the 
collectors  in  every  town  and  place  in  this  State  seasonably  to  col- 
lect all  the  taxes  assessed  in  such  towns  or  places,  for  which  they 
shall  have  sufficient  warrants  under  the  hands  and  seal  of  the  se- 
lectmen of  such  town  or  place,  and  to  pay  the  same  according  to  the 
directions  given  in  such  warrant.  And  every  collector,  to  whom 
any  list  of  taxes,  with  a  warrant  in  due  form  of  law,  shall  be  com- 
mitted to  collect,  shall  give  fourteen  days  notice  to  the  inhabitants 
or  residents  taxed  in  such  list  of  the  sum  or  sums  at  which  they  are 
assessed  in  such  list  before  he  make  any  distress  therefor,  unless 
in  cases  where  such  collector  hath  just  reason  to  think  any  person 
is  about  removing  out  of  his  town  or  place,  and  when  any  collector 
shall  have  committed  to  him  for  collection  a  tax  or  taxes  against 
any  manufacturing  company  or  corporation,  he  shall  give  to  the 
agent,  clerk,  treasurer  or  one  of  the  directors,  a  notice  in  writing, 
stating  the  sum  or  sums,  at  which  they  are  assessed,  fourteen  days 
before  any  distress  shall  be  made  therefor.  And  upon  the  neglect 
or  refusal  of  payment  of  any  inhabitant  or  resident  or  manufactur- 
ing corporation  or  company,  taxed  in  said  list,  the  said  collector  is 
hereby  empowered  to  distrain  the  eoods  or  chattels  of  the  person 
or  corporation  so  neglecting  or  refusing.  And  the  said  collector 
shall  keep  such  distress  the  space  of  four  days,  unless  the  money 


LAWS  OF   NEW  HAMPSHIRE  6/9 

for  which  such  distress  is  taken  shall  be  sooner  paid  at  the  cost 
and  charges  of  the  owner  thereof,  and  if  the  owner  do  not  pay  the 
sum  or  sums  so  assessed  upon  him,  and  the  costs  and  charges,  which 
have  already  accrued,  within  the  space  of  four  days,  the  said  col- 
lector shall  proceed  within  forty  eight  hours  after  the  expiration 
of  said  four  days,  to  sell  at  public  auction  within  the  said  town 
or  place  the  said  distress:  and  notice  of  the  place,  day  and  hour 
of  such  sale,  which  shall  be  sometime  between  ten  of  the  clock  in 
the  forenoon  and  six  in  the  afternoon  and  a  particular  description 
of  the  goods  and  chattels  to  be  sold,  shall  be  posted  up,  in  two  pub- 
lick  places  in  such  town  or  place,  twenty  four  hours  before  the  time 
of  sale.  And  a  particular  account  in  writing  of  the  taxes  of  the 
delinquent,  the  collector's  fees,  the  charges  of  keeping  and  selling 
such  distress,  the  amount  of  the  sale  of  each  article,  with  the  over- 
plus if  any,  after  the  taxes  and  all  incidental  charges  are  deducted, 
shall  be  delivered  immediately  upon  such  sale  to  the  former  owner, 
or  ready  to  be  delivered  to  him  on  request  made.  And  for  want 
of  goods  or  chattels,  whereon  to  make  distress,  the  said  collector 
may  take  the  body  of  any  inhabitant  or  resident,  refusing  to  make 
payment  as  aforesaid,  and  him  commit  to  the  common  gaol  in  the 
same  county,  there  to  remain,  untill  the  same  be  paid,  or  he  be  dis- 
charged therefrom  by  due  course  of  law. 

Sect.  2.  And  be  it  further  enacted,  that  in  no  case  whatever 
distress  shall  be  made  or  taken  of  any  person  of  his  tools  or  imple- 
ments, necessary  for  his  trade  or  occupation,  nor  of  his  arms,  or 
utensils  of  households,  necessary  for  upholding  of  life,  nor  of  bed- 
ding or  apparel  necessary  for  him  or  his  family. 

Sect.  3.  And  be  it  further  enacted-  that  when  any  collector  shall 
take  the  body  of  any  person  for  want  of  goods  or  chattels  whereof 
to  make  distress,  and  shall  commit  him  to  prison,  he  Shall  give  an 
attested  copy  of  his  warrant  to  the  keeper  of  the  prison  and  there- 
upon certify,  under  his  hand,  the  sum  or  sums  such  person  is  taxed 
in  his  list  or  lists,  and  that  he  hath  the  body  for  want  of  goods  or 
chattels  whereon  to  make  distress:  and  such  attested  copy  and 
certificate  thereon  shall  be  a  sufficient  warrant  to  require  the  prison 
keeper  to  receive  and  detain  such  person  in  his  custody,  until  he 
pay  the  sums  so  certified,  the  cost  of  commitment  and  charges 
of  imprisonment,  or  be  otherwise  thereof  discharged  by  due  course 
of  law. 

Sect.  4.  And  be  it  further  enacted,  that  in  case  any  inhabitants 
or  residents  shall,  on  or  after  the  first  day  of  April  in  any  year 
and  before  he  shall  have  paid  his  taxes  for  that  year,  remove  from 
the  town  or  place,  where  his  invoice  was  taken,  and  his  poll  and 
estate  lawfully  taxed  into  any  other  town  or  place  in  this  State,  the 
collector  shall  have  the  same  remedy  against  the  estate  and  body 
of  such  person,  found  in  any  part  of  the  State  as  he  would  by  law 
have  had,  in  case  such  person  had  not  removed,  and  in  case  his 


68o  LAWS  OF   NEW  HAMPSHIRE 

body  and  estate  so  found,  had  been  found  in  the  town,  where  he 
may  have  been  so  taxed. 

Sect.  5.  And  be  it  further  enacted,  that  every  collector  of  taxes 
shall  be  entitled  to  demand  and  receive  for  the  collection  of  taxes 
by  distress  and  sale  of  goods,  and  for  committing  the  body  of  any 
person  to  gaol,  the  same  fees,  as  Sheriffs  are  by  law  entitled  to  de- 
mand and  receive,  when  they  collect  money  upon  execution  by  the 
sale  of  goods  and  chattels,  and  when  they  commit  the  body  of  the 
debtor  to  gaol  upon  execution. 

Sect.  6.  And  be  it  further  enacted,  that  when  any  owner,  or 
proprietor  of  any  land  or  other  real  estate  shall  remove  out  of  the 
town  or  place,  where  such  land  or  other  real  estate  lies,  on  or  after 
the  first  day  of  April  in  any  year  and  shall  not  have  paid  the  sums 
assessed  on  him,  and  shall  leave  no  personal  estate,  whereon  dis- 
tress may  be  made,  and  when  any  person,  assessed  in  any  list  of 
taxes,  shall,  before  payment  die,  leaving  no  personal  estate, 
whereon  to  make  distress,  and  no  person  interested  in  the  same 
estate  appearing  to  discharge  the  taxes:  or  when  any  inhabitant 
or  resident  shall  neglect  or  refuse  to  expose  his  goods  and  chattels, 
whereon  to  make  distress,  in  each  and  every  of  the  cases  afore- 
said, the  collector  may  at  the  expiration  of  three  months  from  the 
time  of  his  having  received  such  list  and  shall  within  one  year  pro- 
ceed to  advertise,  by  posting  up  in  two  or  more  of  the  most  publick 
places  in  the  town  or  place,  where  such  lands  lie,  at  least  six  weeks 
before  the  sale  notifications,  stating  that  so  much  of  the  delinquent 
owner's  estate  will  be  sold  at  publick  vendue  as  will  be  sufficient  to 
pay  said  taxes  with  incidental  charges  unless  prevented  by  pre- 
vious payment:  and  in  such  advertisement  shall  be  expressed  the 
name  of  the  proprietor  or  owner,  or  the  name  of  the  person,  to 
whom  the  same  shall  have  been  taxed,  and  also  the  name. of  the 
occupant  thereof  at  the  time  such  advertisement  shall  be  posted 
up:  and  also  in  such  advertisement  shall  be  mentioned  the  day, 
hour  and  place  of  such  intended  sale:  the  place  shall  be  some  public 
one  in  the  town  or  place  where  the  estate  taxed  lies,  and  the  hour 
shall  be  sometime  between  ten  in  the  forenoon  and  six  in  the  after- 
noon: and  in  case  the  taxes  and  charges  of  advertising  be  not  paid 
before  the  hour  of  sale,  the  collector  may  proceed  to  sell  so  much 
of  the  estate  of  the  delinquent  as  will  pay  the  taxes  and  all  inci- 
dental charges;  and  shall  execute  a  good  and  valid  conveyance  of 
the  estate  so  sold,  in  the  same  form  and  manner,  and  the  same  time 
for  redemption  shall  allowed,  as  the  law  provides  and  allows  in 
the  case  of  the  sale  of  the  lands  and  buildings  of  nonresident  pro- 
prietors for  non  payment  of  taxes. 

Sect.  7.  And  be  it  further  enacted,  that  whenever  any  lands  or 
buildings  shall  be  sold  as  aforesaid,  it  shall  be  the  duty  of  the  col- 
lector making  the  sale  to  lodge,  with  the  town  clerk  of  such  town, 
within  ten  days  after  the  sale  aforesaid,  one  of  the  advertisements, 


LAWS  OF   NEW  HAMPSHIRE  68  I 

which  was  posted  up,  with  a  certificate  accompanying  the  same, 
under  oath,  that  the  same  and  a  similar  advertisement  was  posted 
up  as  aforesaid  according  to  the  provisions  of  this  act,  which  ad- 
vertisement and  certificate  shall  be  recorded  by  the  town  clerk  and 
a  certified  copy  of  said  record  shall  be  deemed  competent  evidence 
in  any  Court  of  law  of  those  facts. 

Sect.  8.  And  be  it  further  enacted,  that  it  shall  be  the  duty  of 
every  collector  to  lodge  with  the  town  clerk,  within  ten  days  after 
the  time  of  redemption  from  any  sale  by  him  made  as  aforesaid,  a 
correct  list  of  all  lands  and  buildings,  which  have  been  redeemed 
from  said  sale  to  be  recorded  by  said  town  clerk. 

Sect.  9.  And  be  it  further  enacted,  that  each  town  clerk  shall 
receive  the  same  fees  for  recording,  copying  and  certifying  as  afore- 
said, as  clerks  of  the  Court  of  Common  Pleas  are  by  law  entitled  to 
receive  for  recording  and  certifying  papers. 

Sect.  10.  And  be  it  further  enacted,  that,  the  fees  of  the  several 
collectors  in  the  sale  of  lands  and  buildings  as  aforesaid  shall  be 
as  follows,  viz,  for  going  to  the  places  where,  the  advertisements 
for  the  sale  are  to  be  posted  up  and  returning  home,  five  cents  per 
mile;  for  each  advertisement,  twenty  five  cents,  for  making  the 
sale  one  dollar,  for  each  deed  twenty  five  cents. 

Sect.  11.  And  be  it  further  enacted,  that  if  any  collector  shall 
take  any  greater  fees  for  any  of  the  services,  mentioned  in  this  act, 
than  are  herein  before  prescribed,  he  shall  forfeit  the  sum  of  five 
dollars  to  the  person  suing  therefor  to  be  recovered  by  an  action 
of  debt. 

Sect.  12.  And  be  it  further  enacted,  that  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act  be,  and  the  same 
hereby  are  repealed.  Provided  however  that  ncthing  herein  shall 
affect  the  collection  of  anv  taxes  heretofore  made. 


[CHAPTER  63.] 

State  of  1 

New  Hampshire.  \ 

An  act  to  incorporate  the  Proprietors  of  the  Merrimack 
locks  and  canals 

TAppi-oved  July  7,  1827.  Acts,  vol.  24,  p.  325.  Session  Laws,  1827,  Chap. 
63-] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Ebenezer  Eastman, 
Dearborn  Sanborn,  James  Clark  Nathaniel  H.  Clark,  John  Clark 
5th,  Samuel  Fellows  Ebenezer  Blanchard,  Kendal  O.  Peabody, 
James  Garland  T.  R.  Greenleaf,  Robert  T.  Crane,  Robert  Smith 


682  LAWS  OF   NEW  HAMPSHIRE 

and  their  associates  and  successors,  be  and  hereby  are  incorporated 
and  made  a  body  corporate  and  politic  forever,  by  the  name  of  the 
proprietors  of  the  Merrimack  locks  and  canal,  and  by  that  name 
may  sue  and  prosecute,  and  be  sued  and  prosecuted  to  final  judg- 
ment and  execution,  and  are  hereby  invested  with  all  the  powers 
and  privileges,  which  are  by  law  incident  to  corporations  of  a  sim- 
ilar nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  Ebenezer  East- 
man, Dearborn  Sandborn,  and  James  Clark  or  either  two  of  them 
may  call  the  first  meeting  of  said  proprietors,  by  advertisement  in 
one  of  the  news  papers  printed  at  Concord,  to  be  holden  in  Salis- 
bury or  Boscawen  in  the  county  of  Merrimack  in  said  State  at  any 
suitable  place  fourteen  days  at  least  after  the  publication  of  said 
notice,  and  the  proprietors  by  a  vote  of  a  majority  of  those  present 
or  legally  represented  shall  choose  a  clerk  who  shall  be  sworn  to  the 
faithful  discharge  of  the  duties  of  said  office,  and  may  agree  on  a 
method  of  calling  future  meetings,  and  at  that  or  any  subsequent 
meeting  may  elect  such  officers,  and  make  and  establish  such  rules 
and  by-laws  not  repugnant  to  the  constitution  and  laws  of  this 
State  as  to  them  shall  appear  necessary  or  convenient  for  the  regu- 
lation and  government  of  said  corporation,  and  for  carrying  into 
effect  the  provisions  of  this  act 

Sec.  3.  And  be  it  further  enacted,  That  said  proprietors  be  and 
hereby  are  authorised  and  empowered  to  construct  and  maintain 
such  locks  and  canals  as  may  be  necessary  for  rendering  the  river 
Merrimack  in  said  State  navigable  for  boats  and  rafts  from  the  foot 
of  Sewal's  falls  in  Concord  to  the  confluence  of  the  Pemigewasset 
and  Winnipisiogee  rivers  at  Sanbornton;  provided  however  that  no 
dam  or  lock  shall  be  erected  which  shall  obstruct  the  free  passage 
of  rafts  or  any  kind  of  lumber,  and  if  complaints  of  that  kind 
arise  the  Superior  Court  of  Judicature  upon  application,  may  ap- 
point a  committee  of  three  suitable  persons  to  view  such  dams  or 
locks  erected  by  said  proprietors,  and  the  report  of  said  committee 
made  to  said  court  and  by  said  court  accepted,  shall  be  the  rule  to 
which  the  said  proprietors  shall  conform  and  modify  their  dams 
and  locks 

Sec.  4.  And  be  it  further  enacted,  That  said  proprietors  be  and 
hereby  are  authorised  to  purchase  and  hold  in  fee  simple  all  such 
lands  adjoining  said  river  as  to  them  may  appear  necessary,  for 
carrying  into  effect  the  object  of  said  corporation,  provided  the 
same  do  not  exceed  twenty  acres,  and  in  case  the  proprietors  and 
owners  of  such  land  shall  not  agree  on  the  compensation  to  be  made 
for  the  same,  the  Justices  of  the  Superior  Court  of  Judicature 
holden  within  and  for  the  County  of  Merrimack;  upon  the  appli- 
cation of  said  proprietors,  or  the  owners  of  such  land,  may  appoint 
a  committee  to  ascertain  the  compensation  and  issue  execution, 
therefor  against  said  proprietors  in  case  of  non  payment  provided 


LAWS   OF   NEW   HAMPSHIRE  683 

that  payment  of  the  value  of  the  land  so  ascertained,  or  a  tender 
thereof  to  the  owner  or  owners,  be  made  previous  to  the  proprietors 
entering  the  same 

Sec.  5.  And  be  it  further  enacted,  That  said  corporation  may 
agree  with  and  purchase  of  the  owner  or  owners  of  land  within  the 
limits  aforesaid  over  and  above  the  aforesaid  quantity  of  twenty 
acres  a  quantity  of  land  not  exceeding  fifty  acres  which  shall  and 
may  be  holden  by  said  corporation  for  the  purposes  before  men- 
tioned. 

Sec.  6.  And  be  it  further  enacted,  That  said  proprietors  may 
and  shall  divide  the  property  belonging  to  said  corporation  into 
such  number  of  shares  as  they  shall  think  proper,  which  shares  may 
be  transfered  by  the  clerk  of  said  proprietors,  and  which  shall  ever 
be  deemed  and  held  as  personal  estate,  and  the  share  or  shares  of 
any  proprietor  may  be  sold  at  publick  auction  by  said  corporation 
on  non  payment  of  all  assessments  duly  made  thereon. 

Sec.  7.  And  be  it  further  enacted,  That  for  the  purpose  of  com- 
pensating said  proprietors  for  the  monies  by  them  expended,  a 
toll  forever  from  and  after  the  time  said  river  is  made  navigable 
for  the  passage  of  boats,  is  hereby  granted  to  said  proprietors  the 
rate  thereof  to  be  established  by  the  Justices  of  the  Superior  Court; 
and  on  application  made  by  any  person  to  them  for  that  purpose, 
to  be  by  them  at  any  time  altered  in  such  manner  as  they  may  think 
just  and  reasonable. 

Sec.  8.  And  be  it  further  enacted,  That  if  said  river  shall  not 
be  made  navigable  so  as  to  admit  the  convenient  passage  of  boats 
within  four  years  from  and  after  the  passing  of  this  act,  then 
every  part  and  clause  thereof,  shall  be  null  and  void;  provided 
always  that  the  Legislature  of  this  State  may  from  time  to  time 
hereafter  upon  due  notice  given  to  said  corporation  make  such 
further  provisions  and  regulations  as  they  may  think  proper. 


[CHAPTER  64.] 

State  of  } 

New  Hampshire.  \ 

An  Act  defining  the  Jurisdiction  of  the  Court  of  Common 
Pleas  in  certain  cases. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  329.  Session  Laws,  1827,  Chap. 
64.  See  acts  of  June  22,  1810,  Laws  of  New  Hampshire,  vol.  7,  p.  896;  June 
29,  1818,  id.,  vol.  8,  p.  736,  and  January  2,  1829,  post.'] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  all  actions  of  trespass 
quare  clausum   f regit  which  may  hereafter  commenced,  before   a 


684  LAWS  OF   NEW  HAMPSHIRE 

Justice  of  the  peace  in  which  the  title  to  real  estate  shall  be  brought 
in  question  in  the  manner  prescribed  in  the  second  section  of  an 
act  entitled  "an  act  authorizing  and  empowering  justices  of  the 
peace  to  hear,  try  and  determine,  civil  causes  and  to  repeal  certain 
acts  and  certain  clauses  of  an  act  therein  mentioned"  passed  June 
2  2a  1810  shall  be  entered,  heard,  tried  and  determined  in  the  Court 
of  Common  Pleas  who  shall  have  jurisdiction  of  the  same,  in  the 
same  manner  as  though  the  said  action  had  been  carried  to  the  said 
Court  by  appeal. 


[CHAPTER  65.] 


State  of  1 

New  Hampshire.  \ 


An  act  regulating  licensed  houses. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  331.  Session  Laws,  1827,  Chap. 
65.  Laws,  1830  ed.,  p.  482.  This  act  repeals  acts  of  June  14,  1791,  Laws  of 
New  Hampshire,  vol.  5,  p.  752,  and  December  23,  1820,  id.,  vol.  8,  p.  999.  See 
also  act  of  June  29,  1829,  Laws,  1830  ed.,  p.  485.  Partly  repealed  by  act  of 
July  4,  1838,  Session  Laws,  1838,  Chap.  369.  Wholly  repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  be  unlawful 
for  any  person  to  exercise  the  business  of  a  taverner  or  retailer 
without  license.  And  if  any  person  shall,  at  any  time,  without  li- 
cense in  writing  from  the  selectmen  of  the  town  or  place  where 
such  person  resides,  sell  any  wine  rum,  gin,  brandy  or  other  spirits 
in  any  quantity  less  than  one  gallon,  or  shall  sell  any  mixed  liquors 
any  part  of  which  are  spirituous,  such  person  so  offending,  for  each 
and  every  such  offence  on  conviction  thereof  before  the  Superior 
Court  of  Judicature  in  the  County  where  such  offence  shall  be  com- 
mitted, shall  forfeit  and  pay  a  sum  not  exceeding  fifty  dollars  nor 
less  than  twenty  dollars  for  the  use  of  such  County. 

Section  2.  And  be  it  further  enacted,  that  the  selectmen  of  any 
town  or  place  on  application,  may  license  any  person  of  good  moral 
character  to  exercise  the  business  of  a  taverner  in  such  town  or 
place,  on  the  receipt  of  a  sum  for  the  use  of  such  town  or  place  not 
exceeding  five  dollars  nor  less  than  two  dollars.  And  every  person 
licensed  as  aforesaid  shall,  at  all  times,  be  furnished  with  suitable 
provisions  and  accommodations  for  travellers,  their  cattle  and  horses, 
and  every  person  so  licensed  who  shall  not  be  furnished  as  afore- 
said, shall  forfeit  and  pay  the  sum  of  five  dollars  to  be  recovered 
in  an  action  of  debt  by  any  person  sueing  for  the  same. 

Section  3.  And  be  it  further  enacted  That  if  the  Selectmen 
shall  unreasonably,  neglect  or  refuse  to  license  any  suitable  person 
applying  for  a  license  as  a  taverner  and  in  case  there  be  no  select- 


LAWS   OF   NEW   HAMPSHIRE  685 

men  in  the  town  or  place  the  person  wishing  for  a  license  as  afore- 
said may  make  application  by  petition  to  the  Court  of  Common 
Pleas  in  the  county  where  such  applicant  resides  and  said  Court 
if  they  think  proper  may  license  such  person  to  exercise  the  business 
of  a  taverner  for  a  term  of  time  not  exceeding  one  year  on  the  pay- 
ment of  a  sum  not  exceeding  five  dollars  nor  less  than  two  dollars 
for  the  use  of  the  town,  where  such  applicant  resides. 

Section  4.  And  be  it  further  enacted,  That  the  selectmen  of 
any  town  or  place  may  license  any  person  to  exercise  the  business 
of  a  retailer  that  is  to  sell  wine  and  spirituous  liquors  in  any  quan- 
tity not  less  than  one  pint  to  be  sold  delivered  and  carried  away, 
and  the  person  so  licensed  shall  not  pay  therefor  more  than  twenty 
cents  which  sum  shall  be  paid  to  the  town  clerk  for  recording  said 
license,  and  any  person  so  licensed  shall  not  permit  any  wine  or 
spirituous  liquors  so  sold  to  be  drank  in  his  shop,  store  or  other 
buildings. 

Section  5.  And  be  it  further  enacted  That  the  selectmen  of  any 
town  or  place  may  license  any  person  other  than  a  tavernkeeper  to 
sell  and  mix  wine  and  spirituous  liquors  on  the  receipt  of  twenty 
dollars  for  the  use  of  the  town  or  place  where  such  license  shall  be 
granted. 

Section  6.  And  be  it  further  enacted  That  no  license  shall  be 
granted  for  a  longer  term  of  time  than  one  year  nor  shall  any  license 
granted  by  the  selectmen  as  aforesaid  be  of  any  avail  until  the 
same  be  recorded  by  the  town-clerk  of  the  town  where  such  license 
shall  be  granted.  And  every  license  so  granted  by  the  selectmen 
or  by  the  Court  of  Common  Pleas  shall  particularly  mention  the 
purpose  for  which  such  license  was  granted  and  designate  the  house, 
store,  shop  or  place  where  any  person  licensed  may  sell  or  mix  wine 
and  spirituous  liquors.  And  no  license  shall  authorise  any  person 
to  sell  or  mix  wine  or  spirituous  liquors  in  more  than  one  place 

Section  7.  And  be  it  further  enacted  That  any  person  so  li- 
censed shall  not  permit  or  suffer  any  individual  on  the  sabbath  to 
remain  drinking  in  or  about  the  place  where  such  person  so  licensed 
is  authorised  to  sell  or  mix  spirituous  liquors,  nor  shall  any  person 
so  licensed  permit  any  individual  to  remain  in  the  house,  store, 
shop  or  place  where  the  person  licensed  may  sell  or  mix  spirituous 
liquors,  drinking  to  excess,  nor  shall  any  person  licensed  as  afore- 
said permit  any  individual  to  play  at  cards,  dice,  billiards  or  at  any 
bowling  alley  or  other  game  of  chance  within  or  about  his  her  or 
their  houses  yards  or  buildings. 

Section  8.  And  be  it  further  enacted  That  when  the  selectmen 
of  any  town  or  place  shall  be  satisfied  either  by  view  complaint  or 
otherwise  that  any  individual  is  in  the  habit  of  drinking  to  excess 
in  or  about  any  house  store  shop  or  other  building  where  any  person 
is  licensed  to  sell  or  mix  spirituous  liquors  it  shall  be  the  duty  of 
such  selectmen  to  notify  all  persons  licensed  in  such  town  or  place 
that  such  individual  is  habitually  intemperate  and   forbid   every 


686  LAWS   OF    NEW   HAMPSHIRE 

person  so  licensed  in  said  town  or  place  to  sell  to  such  individual 
any  spirituous  liquors  or  any  mixed  liquors  any  part  of  which  are 
spirituous  or  to  permit  such  individual  to  remain  in  or  about  his 
her  or  their  house,  store,  shop,  or  other  building  where  the  persons 
so  licensed  are  authorised  to  sell  or  mix  wine  or  spirituous  liquors 

Section  9.  And  be  it  further  enacted  That  it  shall  be  the  duty 
of  the  selectmen  of  the  several  towns  or  places  to  hear  and  ex- 
amine into  all  accusations  preferred  to  them  in  writing  against  any 
person  licensed  agreeably  to  the  provisions  of  this  act  and  having 
received  satisfactory  evidence  that  any  person  so  licensed  keeps  a 
disorderly  house  or  in  any  way  violates  the  provisions  of  this  act 
the  said  selectmen  shall  immediately  withdraw  or  revoke  such  li- 
cense and  notify  the  person  so  licensed  thereof  in  writing  and  cause 
a  copy  of  such  notice  to  be  recorded  by  the  town  clerk  of  such 
town  or  place  and  any  license  being  so  withdrawn  or  revoked  there- 
after shall  be  of  no  avail  to  the  person  to  whom  the  same  was 
granted.  And  when  the  selectmen  of  any  town  or  place  shall  neg- 
lect or  refuse  to  hear  and  -examine  into  any  complaint  as  aforesaid 
the  person  so  complaining  may  prefer  the  same  to  the  grand  jury 
who  are  hereby  authorised  and  empowered  upon  satisfactory  evi- 
dence to  present  such  person  so  offending,  and  such  person  so  li- 
censed who  does  keep  or  has  kept  a  disorderly  house  or  in  any  way 
has  violated  the  provisions  of  this  act  for  each  and  every  such  of- 
fence on  conviction  thereof  before  the  Superior  Court  of  Judicature 
within  the  County  where  such  offence  or  offences  shall  be  commit- 
ted shall  forfeit  and  pay  a  sum  not  exceeding  twenty  dollars  to  the 
use  of  such  County.  And  the  said  court  may  make  such  further 
order  as  they  may  think  just  and  proper. 

Section  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  grand  jurors  and  the  selectmen  of  the  several  towns,  and  all 
magistrates  in  their  several  Counties  to  inform  of  all  violations  of 
the  provisions  of  this  act,  and  the  Attorney  General  and  in  his 
absence  the  several  County  Solicitors  in  their  respective  Counties, 
shall  prosecute  for  all  offences  committed  against  the  provisions  of 
Crrrs-  act  which  shall  come  to  his  or  their  knowledge. 

Section  n.  And  be  it  further  enacted,  That  an  act  passed  June 
14,  1 791,  entitled  "an  act  regulating  licensed  houses,"  and  an  act 
passed  December  23d  1820  entitled  "an  act  in  adition  to  an  act 
entitled  an  act  regulating  licensed  houses"  be,  and  the  same  are 
hereby  repealed.  Provided,  that  nothing  herein  contained  shall  be 
so  construed  as  to  affect  any  suits  already  commenced  or  hereafter 
to  be  commenced  under  the  provisions  of  the  acts  hereby  repealed, 
nor  to  effect  any  licence  heretofore  granted,  nor  to  bar  a  recovery 
of  any  penalty  to  be  incurred  under  the  acts  hereby  repealed  until 
this  act  shall  be  in  force  and  take  effect. 

Section  12.  And  be  it  further  enacted,  That  this  act  shall  not 
be  in  force  nor  take  effect  until  the  first  day  of  September  next. 


LAWS   OF   NEW   HAMPSHIRE  687 

[CHAPTER  66.] 

State  of  I 

New  Hampshire.  ] 

An  act  to  incorporate  the  New  Hampshire  Canal  and  Steam- 
Boat  Company. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  339.  Session  Laws,  1827,  Chap. 
66.  See  also  acts  of  July  1,  1819,  Laws  of  New  Hampshire,  vol.  8,  p.  865; 
July  2,  1823,  ante,  p.  231;  December  6,  1824,  ante,  p.  298;  December  10,  1824, 
ante,  p.  304;  December  16,  1824,  ante,  p.  322;  June  21,  1825,  ante,  p.  405,  and 
July  1,  1825,  ante,  p.  426.] 

Whereas,  by  an  act  passed  by  the  Legislature  of  this  State,  and 
approved,  July  i,  1819,  entitled  "an  act  to  incorporate  a  company, 
by  the  name  of  the  proprietors  of  the  Winnipisseogee,  Squam,  and 
Pemigewassett  Locks  and  Canal,"  Phinehas  Walker  and  others  were 
authorized  and  empowered  to  construct,  erect  and  maintain  canals, 
locks  or  slips,  for  the  purposes  mentioned  in  said  act,  from  the 
northwesterly  part  of  Winnipisseogee  pond,  through  great  and  little 
Squam  ponds,  to  Pemigewassett  river  in  Plymouth. 

And  whereas,  by  another  act  of  the  Legislature  of  this  State,  ap- 
proved December  10,  1824,  entitled  "an  act  to  incorporate  a  com- 
pany by  the  name  of  the  Grafton  Canal  Company,"  John  Mc.Duffee 
and  others  were  authorized  and  empowered  to  construct,  erect,  make 
and  maintain,  Canals,  locks,  slips,  tow-paths  and  rail-ways,  for  the 
purposes  mentioned  in  said  act,  from  the  termination  of  the  grant 
aforesaid,  made  to  Phinehas  Walker  and  others,  thence  "up  Pemi- 
gewassett river  and  Baker's  river,  through  Wentworth,  to  Con- 
necticut river,  where  it  may  be  most  practicable  for  making  said 
Canal." 

And  whereas,  by  another  act  of  the  Legislature  of  this  State, 
approved  December  16,  1824,  entitled  "an  act  to  incorporate 
Clement  Storer  and  others,  his  associates,  with  the  exclusive  right 
and  privilege  of  cutting  a  Canal,  and  constructing  locks,  slips  .and 
railways,  from  Winnipisseogee  Lake  to  Piscataqua  River,"  the  said 
Clement  Storer  and  his  associates  were  authorized  and  permitted 
to  cut  a  canal,  construct  railways  and  towing-paths,  and  lock  all  the 
falls  between  Winnipisseogee  Lake  in  the  County  of  Strafford,  and 
that  branch  of  Piscataqua  River,  called  Cocheco  river,  below  the 
Landing,  so  called,  in  Dover,  in  such  route  and  direction,  as,  in  their 

judgment,  shall  be  most  eligible  for  the  purpose  aforesaid." 

And,  by  another  act,  in  addition  to  the  act  last  mentioned,  passed  by 
the  Legislature  of  this  State,  and  approved,  July  1,  1825,  Sundry 
other  powers  and  privileges,  therein  named,  were  granted  to  the  said 
Clement  Storer  and  his  associates. 

And  whereas,  by  another  act,  passed  by  the  Legislature  of  this 
State,  and  approved,  July  2,  1823,  entitled  "an  act  to  incorporate 


688  LAWS   OF   NEW  HAMPSHIRE 

Joseph  Smith  and  his  associates,  by  the  name  of  the  Winnipisseogee 
Lake  Steam-Boat  Company,"  the  said  Joseph  Smith  and  his  asso- 
ciates were  "invested  with  the  sole  and  exclusive  right  and  privilege 
of  using  and  employing  Steam-boats,  or  Steam-vessels,  on  said  Lake, 
for  the  term  of  twenty  years  from  and  after  the  first  day  of  April, 
in  the  year  of  our  Lord,  eighteen  hundred  twenty  five,"  Sub- 
ject however  to  sundry  limitations  and  conditions  mentioned  in 
said  act. — And  whereas,  by  another  act  in  addition  to  the  act  last 
before  named,  passed  by  the  Legislature  of  this  State,  and  approved 
June  21,  1825,  among  other  provisions  contained  in  said  additional 
act,  a  further  time  of  three  years,  from  and  after  the  first  day  of 
May,  in  the  year  of  our  Lord  eighteen  hundred  and  twenty  five, 
was  "granted  to  the  said  Winnipisseogee  Lake  Steam-Boat  Com- 
pany, for  the  purpose  of  putting  into  operation  and  use,  on  said 
Lake,  a  Steam  Boat  or  Steamvessel,  agreeably  to  the  provisions  of 
their  act  of  incorporation,"  and  all  the  privileges  and  immunities 
granted  them,  by  said  act  of  incorporation,  were  extended  to  said 
Company  for  the  like  term  of  three  years. 

And  whereas,  the  proprietors  of  the  several  grants  contained  in 
the  several  acts  and  the  additional  acts,  herein  before  named,  be- 
lieving that  the  accomplishment  of  the  great  objects  they  have  in 
view  would  be  facilitated,  and  the  public  good  promoted,  by  uniting 
themselves  in  one  company,  under  an  act  embracing  all  the  powers 
and  privileges  contained  in  the  several  acts  and  additional  acts 
aforesaid,  and  extending  their  powers  from  the  tide  waters  of  the 
river  Cocheco,  to  the  western  bank  of  the  Connecticut,  have  applied 

for  an  act  of  incorporation  to  that  effect, 

Therefore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Clement  Storer,  George 
Sullivan,  Edward  Cutts,  James  Sheafe,  Ichabod  Bartlett,  Alexander 
Ladd,  John  N.  Sherburne,  Nathan  B.  Folsom,  Elisha  Whidden, 
Charles  Coffin,  Samuel  Hale,  Joshua  W.  Peirce,  Isaac  Waldron, 
Benjamin  Penhallow,  Timothy  Upham,  George  Long,  John  K.  Pick- 
ering, John  Ball,  Andrew  Peirce,  James  Bartlett,  John  Williams, 
Asa  Freeman,  Joseph  Smith,  William  Flagg,  Nathaniel  W.  Ela, 
Jesse  Barney,  Robert  Rogers,  John  Wheeler,  Eri  Perkins,  Barnabas 
H.  Palmer,  John  B.  H.  Odiorne,  Jacob  M.  Currier,  Isaac  Wendell, 
Joseph  Doe,  Samuel  W.  Carr,  David  Barker,  David  Barker,  Jr. 
William  Barker,  Nehemiah  Eastman,  Jeremiah  Wingate,  Reuben 
Hayes,  Richard  Russell,  John  B.  Swazey,  Jonathan  C.  Everett, 
John  Towle,  John  H.  Moulton,  John  Coe,  Phinehas  Walker,  Arthur 
Livermore,  Joseph  Shepard,  David  Webster,  Samuel  C.  Webster, 
David  M.  Russell,  John  Mc,Duffee,  Eza  Bartlett  and  Caleb  Keith, 
their  associates  and  successors,  legal  representatives  and  assigns, 
be,  and  they  hereby  are  incorporated,  and  made  a  body  corporate 
and  politic  forever,  by  the  name  of  the  New  Hampshire  Canal  and 


LAWS  OP  'NEW  HAMPSHIRE 


689 


Steam-Boat  Company,  and  by  that  name,  may  sue  and  be  sued, 
prosecute  and  be  prosecuted  to  final  judgment  and  execution;  make 
contracts  purchase,  take  and  hold  lands,  and  the  same  alienate  sell 
and  convey,  have  and  use  a  common  seal  and  the  same  alter  and 
renew,  at  pleasure,  and  mav  have,  exercise  and  enjoy,  all  rights, 
powers  and  privileges,  and  shall  be  subject  to  all  the  liabilities  inci- 
dent to  corporations  of  a  similar  nature. 

Sea  2.  And  be  it  further  enacted,  That  the  said  Ichabod  Bart- 
lett,  Joseph  Smith,  and  David  Barker,  Jr.  or  either  two  of  them., 
may  call  the  first  meeting  of  said  company,  by  publishing  notice 
of  the  time,  place  and  object  of  holding  the  same,  in  a  Newspaper- 
printed  in  Portsmouth  and  in  Dover,  at  least  twenty  days  previous 
to  said  meeting;  at  which  meeting  a  Clerk  shall  be  chosen  and 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office,  and  it  shall 
be  his  duty  to  record  this  act,  and  all  the  acts  and  proceedings  of 
said  corporation  in  a  book  or  books,  provided  and  kept  for  that 
purpose;  to  give  certified  copies  of  said  records,  or  any  part  thereof, 
when  the  same  shall  be  required,  and  to  perform  such  other  services 
as  shall  appertain  to  his  office;  and  at  this,  or  any  subsequent 
meeting,  a  Treasurer  and  board  of  Directors  shall  be  chosen,  and  all 
such  other  officers,  agents  and  servants,  as  shall  be  necessary  for 
managing  the  affairs  of  said  corporation,  and  prosecuting  the  works 
they  have  in  view.  And  the  several  officers  and  agents  of  said  com- 
pany shall  hold  their  offices  for  one  year,  and  until  others  shall  be 
chosen  to  fill  their  places;  and  in  case  any  vacancy  in  any  office 
shall  happen,  by  death,  resignation,  or  otherwise,  the  Directors  for 
the  time  being,  or  a  majority  of  them,  may  fill  such  vacancy  by 
appointment,  to  hold  until  the  next  meeting  of  said  company,  who 
may  then  supply  all  vacancies  by  their  own  choice.  And  all  elec- 
tions and  questions  shall  be  determined,  by  a  majority  of  votes, 
accounting  and  allowing  one  vote  to  each  share;  and  absent  mem- 
bers may  vote  by  proxy,  duly  authorized  in  writing,  which  writing 
shall  be  filed  with  the  Clerk.  Provided  always,  that  the  Treasurer 
of  said  corporation,  whose  duty  it  shall  be  to  keep  a  fair  account 
of  all  his  receipts  and  disbursements,  subject  at  any  time,  to  the 
inspection  of  the  members  of  said  company,  shall  give  bond,  in  such 
penalty,  and  with  such  security  as  the  Directors  may  prescribe  and 
require. 

Sec.  3.  And  be  it  further  enacted.  That  said  corporation  at  their 
first,  or  any  subsequent  meeting,  duly  holden,  may  make  By-laws 
for  their  government  and  the  prudent  management  of  their  affairs, 
and  the  preservation  of  their  Canals,  locks  and  other  works  and 
property;  provided  such  by-laws  are  not  contrary  to  the  provi- 
sions of  this  act,  or  the  constitution  and  laws  of  this  State;  and  may 
annex  and  collect,  in  any  court  proper  to  try  the  same,  penalties, 
not  exceeding  ten  dollars,  for  the  violation  of  any  provision  of  such 


44 


69O  LAWS  OF   NEW  HAMPSHIRE 

by-laws;  may  determine  the  manner  in  which  shares  shall  be  trans- 
ferred, provided,  however,  that  no  transfer  shall  be  made,  except 
of  one  or  more  whole  share,  or  shares,  and  not  of  any  part  of  such 
share,  or  shares,  and  that  no  transfer  of  any  share  or  shares  shall 
be  valid,  unless  made  and  proved  in  such  manner,  and  form,  as 
shall  be  prescribed  in  the  by-laws.  And  said  company  may  also 
at  such  meeting  agree  upon  the  manner  of  holding  future  meetings; 
may  prescribe  the  duties  of  their  officers  and  agents,  and  do  and 
transact  any  other  thing,  which  the  welfare  of  said  corporation  may, 
in  their  opinion  require. — 

Sec.  4.  And  be  it  further  enacted,  That  said  ccrpcraticn  may 
take,  by  gift  or  purchase,  and  hold  such  real  and  personal  estate, 
as  shall  be  necessary  for  carrying  into  effect  the  purposes  con- 
templated by  this  act,  not  exceeding  in  amount,  the  sum  of  fifteen 
hundred  thousand  dollars;  may  divide  their  capital  or  joint  stock 
into  such  number  of  shares,  not  exceeding  fifteen  thousand,  as  they 
may  deem  most  convenient;  may  cause  a  book  or  books,  for  re- 
ceiving subscriptions  to  said  stock,  to  be  opened;  may  make  assess- 
ments and  fix  the  time  for  paying  the  same;  Provided,  however, 
that  not  more  than  ten  dollars  on  a  share  shall  be  assessed  at  any 
one  time,  nor  more  than  one  hundred  dollars  ever  be  assessed  on  a 
share;  And,  provided  further,  that  no  assessment  shall  be  made, 
until  five  hundred  shares  in  said  stock  shall  have  been  subscribed. 

Sec.  5.  And  be  it  further  enacted,  That  the  State  of  New-Hamp- 
shire shall  have  a  right,  at  any  time,  to  subscribe  for  such  number 
of  shares,  as  shall  not  have  been  taken  up,  as  the  General  Court 
may  direct;  and  that  the  United  States  shall,  in  like  manner,  have 
a  right  to  subscribe  for  such  number  of  shares  as  Congress  may 
direct.  And  the  right,  title  and  property  of  said  corporation,  and 
of  each  individual  thereof,  in  said  canal,  locks,  railways  and  other 
works,  with  the  appurtenances  thereof,  shall  be  deemed  and  held  to 
be  personal  estate,  to  all  intents  and  purposes. 

Sec.  6.  And  be  it  further  enacted,  That  said  corporation  be, 
and  it  hereby  is  authorized  and  empowered  to  enter  upon  any  of  the 
routes  mentioned  in  the  several  acts  aforesaid,  or  in  this  act,  or 
upon  any  part  or  parts,  and  upon  all  parts  of  the  route,  beginning 
at  the  tide  waters  of  the  river  Cocheco,  below  the  Landing,  so 
called,  in  Dover,  in  the  County  of  Strafford,  and  extending  from 
that  place,  by  the  most  eligible  route,  to  the  waters  of  Winnipisseo- 
gee  Lake,  at  Alton,  and  from  said  Lake,  at  the  westerly  shore 
thereof,  by  Great  and  Little  Squam  ponds,  to  Pemigewassett  river, 
at  Plymouth; — thence  from  said  river  last  mentioned,  up  Baker's 
river,  through  Wentworth,  to  the  western  bank  of  Connecticut  river, 
within  the  County  of  Grafton,  at  such  point  as  shall  be  thought  by 
said  company  the  most  suitable  place  for  terminating  said  route;  — 
and  to  cut  canals,  construct  towing  paths,  aqueducts,  culverts, 
waste-weirs,  basins  for  boats  and  lumber,  with  side  cuts  or  canals 


LAWS  OF   NEW   HAMPSHIRE  69 1 

thereto,  and  to  make  in  any  part  of  such  canals,  and  at  the  extrem- 
ities thereof,  all  such  locks,  dams,  flood  gates,  docks,  embankments, 
piers,  wharves  and  other  works,  as  well  above  as  below  low-water- 
mark, as  may  be  deemed  convenient  or  necessary;  and  also  upon 
any  part  of  said  route,  in  addition  to,  or  instead  of  a  canal,  to  erect 
and  construct  railways,  slips,  or  inclined  planes;  and  for  the  pur- 
pose of  supplying  and  maintaining  said  canal,  at  all  times,  said 
corporation  shall  be,  and  hereby  is  authorized  to  take  and  use  the 
waters  of  and  from  any  lake,  pond  or  ponds,  rivers  and  other  water 
courses,  as  the  same  may  be  convenient  and  necessary,  and  also  to 
take  and  hold  Tarlton's  or  Eastman's  ponds,  as  reservoirs  of  water 
for  the  use  of  said  canal,  compensation  being  made  to  any  person 
or  persons  injured  thereby,  in  such  way  and  manner,  as  is  herein 
after  provided.  And  said  corporation  shall  also  be,  and  hereby  is, 
authorized  to  build  and  construct  towing-paths  or  bridges  upon  the 
margin  or  shores  of  any  lake,  pond,  river  or  other  stream  or  body 
of  water,  and  across  the  same,  or  any  inlet,  arm  or  part  thereof, 
where  it  shall  be  found  practicable  and  convenient,  and  to  remove 
obstructions,  and  clear  out  and  deepen  the  channels  of  such  streams 
and  other  waters,  so  as  to  render  them  navigable  for  boats,  rafts, 
and  other  things;  and,  for  the  purpose  of  building,  as  well  as,  at 
all  times,  repairing  any  part  of  said  canal,  or  any  towing  path, 
embankment,  dam,  lock  or  rail-way,  to  take  from  the  vicinity 
thereof,  any  wood,  clay,  gravel,  earth  or  stones,  making  full  com- 
pensation for  the  same,  to  any  person  or  persons  injured  thereby, 
in  manner  before  mentioned. 

Sec.  7.  And  be  it  further  enacted,  That  said  corporation  shall 
build  and  keep  in  repair  over  any  and  every  canal  by  them  con- 
structed, wherever  such  canal  shall  cross  any  public  highway,  suit- 
able bridges;  and  shall  also  build  and  keep  in  repair  over  said  canals 
such  bridges  as  shall  be  necessary  for  the  accommodation  of  any 
individual  or  individuals,  through  whose  land  such  canals  may  pass, 
wherever  they  shall  be  justly  and  reasonably  required,  by  such 
individual,  or  individuals,  in  the  opinion  of  the  Commisseoners 
hereinafter  named.  And  all  bridges  for  the  accommodation  of  the 
public  travel,  or  of  any  individual,  shall  be  of  such  dimensions  and 
height,  as  said  Commissioners  shall  determine  and  direct. 

Sec.  8.  And  be  it  further  enacted,  That  said  corporation  may 
occupy,  use,  hold  in  shares,  or  otherwise  dispose  of,  any  water 
power,  or  mill-privileges,  which  may  be  obtained  from,  or  created 
by,  any  of  the  locks,  slips  or  other  works,  erected  by  said  corpora- 
tion, and  may  erect  such  works  and  buildings,  as  may  be  found 
necessary  for  the  profitable  management  cf  their  property,  to  the 
amount  of  five  hundred  thousand  dollars. — 

Sec.  9.  And  be  it  further  enacted.  That  if  any  person  shall 
wilfully  and  maliciously  obstruct  or  impede  the  passage  of  any 
boat,  raft,  or  other  thing,  in  said  locks  or  canal,  or  in  any  river, 


692  LAWS   OF   NEW  HAMPSHIRE 

or  other  water  belonging  to  said  company;  or  if  any  person  shall 
wantonly  and  unnecessarily,  open  or  shut,  or  cause  to  be  opened 
or  shut  any  lock  or  gate,  so  that  damage  shall  ensue  thereby;  or  if 
any  person  or  persons,  shall  wilfully  and  maliciously  destroy  or 
injure  any  part  or  portion  of  said  canals,  locks,  dams,  towing-paths, 
or  other  works  appertaining  thereto,  such  person  or  persons  may  be 
indicted  and  fined,  for  every  such  offence,  at  the  discretion  of  the 
court,  before  which  a  conviction  thereof  shall  be  had,  and  such  fine 
together  with  the  costs  of  prosecution,  when  collected,  shall  be  paid 
into  the  Treasury  of  the  County  where  such  conviction  may  be 
had;  And  said  corporation,  or  any  individual  or  individuals,  sus- 
taining any  injury  in  either  of  the  cases  aforesaid,  may  have  an 
action  for  damages,  before  any  Court  of  competent  jurisdiction  to 
try  the  same.  And  this  act  may  be  given  in  evidence  without  spe- 
cially pleading  the  same. 

Sec.  10.  And  be  it  further  enacted,  that  said  corporation  shall, 
at  all  seasons,  when  said  canal  can  be  used,  keep  constantly  in 
readiness,  in  the  daytime,  from  sunrise  till  sunset,  Sundays  ex- 
cepted, at  the  several  locks  and  slips  thereof,  or  at  such  of  them 
where  it  may  be  necessary,  some  suitable  person  or  persons,  whose 
duty  it  shall  be  to  aid  and  assist,  in  conducting  boats,  rafts  and 
other  things  through  said  locks  and  slips,  as  well  as  to  collect  and 
receive  the  toll  which  shall  be  granted  and  allowed  for  passing  the 
same.  And  said  corporation  shall  be  held  responsible,  and  shall 
be  liable  for  all  damages,  which  the  owner  or  owners  of  any  prop- 
erty passing  through  said  canal,  locks,  or  slips,  may  sustain,  by 
reason  of  any  unnecessary  detention,  or  through  the  carelessness  or 
neglect  of  any  agent  or  servant  of  said  corporation. 

Sec.  11.  And  be  it  further  enacted,  That  for  the  purpose  of 
reimbursing  said  company  for  the  expenses  they  may  incur,  in  cut- 
ting said  canal,  and  erecting  and  constructing  the  other  works  before 
mentioned,  from  the  tide  waters  aforesaid,  in  Dover,  to  the  termina- 
tion of  said  canal  at  the  west  bank  of  Connecticut  river,  or  upon 
any  portion  or  parts  of  said  route,  a  toll  shall  be,  and  hereby  is 
granted  and  allowed,  for  the  passage  of  all  boats,  goods,  wares, 
merchandize,  lumber,  produce,  or  any  other  article  of  trade  or 
manufacture,  which  may  be  transported  or  pass  upon  said  canal  or 
rail-ways,  or  upon  any  part  thereof;  at  such  rate  or  rates,  as  the 
Justices  of  the  Superior  Court  of  Judicature  shall  determine  and 
establish,  upon  application  made  to  them  for  that  purpose,  by  said 
corporation,  after  said  canal,  or  any  portion  thereof,  shall,  in  the 
opinion  of  said  commisioners,  have  been  completed,  or  made  nav- 
igable. And  the  said  Justices  shall  have  power,  from  time  to  time, 
to  alter  said  rates  of  toll,  as  they  may  think  just  and  expedient. 

Sec.  12.  And  be  it  further  enacted,  That  the  stock  of  said  cor- 
poration, actually  employed  in  the  construction  of  said  canal,  rail- 
ways and  other  works  connected  therewith,  as  well  as  in  procuring 


LAWS  OF   NEW  HAMPSHIRE  693 

and  equiping  steam-boats,  vessels,  or  other  craft,  employed  by  them 
upon  the  lake  or  ponds  beforementioned,  or  on  said  canal,  shall 
be  exempted  from  all  public  taxes,  until  the  annual  profits  arising 
from  said  canal  and  other  property  as  aforesaid,  shall  amount  to 
six  percent,  on  the  money  actually  expended  for  those  purposes. — 
Provided,  however,  that  this  section  shall  not  continue  in  force  for 
a  longer  term  than  thirty  years  from  the  passage  of  this  act. 

Sec.  13.  And  be  it  further  enacted,  That  for  the  purpose  of  as- 
certaining the  amount  of  profit  received,  on  the  money  expended 
in  manner  mentioned  in  the  preceeding  section,  said  company  shall 
cause  their  Treasurer,  Clerk,  or  Directors,  once  in  every  five  years 
during  said  term  of  thirty  years,  to  make  out,  under  oath,  and 
exhibit  to  the  Justices  of  the  Superior  Court,  at  some  term  of  said 
Court,  holden  in  the  County  of  Strafford,  or  Grafton,  a  true  and 
correct  account  of  all  such  expenditures,  and  of  all  monies  by  said 
company  received  for  tolls,  or  otherwise,  as  profits  or  income  on 
the  monies  so  expended;  and  in  case  said  company  shall  neglect 
to  cause  such  account  to  be  made  and  exhibited,  in  manner  afore- 
said, they  shall  be  held  liable  and  subject  to  taxation,  for  all  real 
and  personal  estate  of  which  they  may  be  possessed,  any  provision 
in  this  act  contained  to  the  contrary,  notwithstanding. 

Sec.  14.  And  be  it  further  enacted,  That  before  said  corpora- 
tion shall  enter  upon*  any  lands,  or  take  possession  of  any  streams, 
ponds,  or  other  bodies  of  water,  by  virtue  of  the  provisions  of  this 
act,  three  judicious  and  disinterested  persons  shall  be  appointed, 
by  the  Justices  of  the  Superior  Court,  as  a  board  of  Commissioners, 
whose  duty  it  shall  be  to  consider  and  adjust  all  claims  for  dam- 
ages, made  upon  said  corporation,  by  any  person  or  persons,  whose 
rights,  privileges,  or  property  may,  be  infringed,  damnified  or  taken, 
in  any  way  whatever,  by  the  prosecution  of  said  canal,  and 
other  works  contemplated  by  this  act.  And  said  corporation  shall 
give  such  notice  of  their  intention  to  apply  for  the  appointment  of 
such  commissioners,  as  the  Justices  of  said  Court  shall  direct,  or 
deem  sufficient. — And  the  Clerk  of  said  Court  shall  make  a  record 
of  the  appointment  of  such  commissioners,  and  of  all  subsequent 
appointments  which  may  be  made  to  fill  any  vacancy  which  may 
be  occasioned  in  said  board.  Said  commissioners  shall  severally 
be  sworn  to  the  faithful  discharge  of  their  duty;  shall  keep  a  full 
and  true  account  of  all  their  proceedings,  and  any  two  of  them  shall 
constitute  a  quorum  for  doing  business;  shall  receive  from  said 
corporation  a  just  and  reasonable  compensation  for  their  expenses 
and  services,  and  shall  severally  hold  their  offices  for  the  term  of 
five  years,  unless  the  same  shall  be  sooner  vacated,  by  death,  resig- 
nation or  removal.  And  if  any  commissioner  shall  become  a  stock- 
holder in  said  corporation,  he  shall  be  removed  by  said  Court,  as 
well  as  for  any  other  sufficient  cause  shewn  to  said  Court  by  said 


694  LAWS  OF   NEW  HAMPSHIRE 

corporation,  or  by  any  individual  person,  and  another  commissioner 
shall  be  appointed  in  his  stead. 

Sec.  15.  And  be  it  further  enacted,  that  said  board  of  com- 
missioners shall,  before  considering  or  deciding  upon  any  claim  for 
damages,  made  as  aforesaid,  give  due  notice  to  all  the  parties  inter- 
ested, or  to  their  agent  or  attorney,  of  the  time  and  place  of  con- 
sidering the  same;  and,  if  either  party,  having  been  notified  as 
aforesaid,  shall  neglect  to  attend,  said  commissioners  may  proceed, 
exparte,  and  make  such  award,  as  to  them  shall  seem  just,  taking 
into  view  the  benefit  as  well  as  the  injury  which  may  accrue  to 
the  complaining  party.  And  said  corporation  may  tender  in  money 
the  damages  so  assessed,  by  said  commissioners,  to  the  person  or 
persons,  whose  property  or  rights  have  been  taken  or  injured,  and 
shall  thereupon  have  a  right  to  enter  upon,  and  forever  hold,  use 
and  possess,  any  land,  or  other  property,  right,  or  privilege,  for 
which  compensation  has  been  awarded  and  tendered,  in  manner 
aforesaid.  And  in  all  cases  where  damages  shall  be  assessed  pur- 
suant to  this  act,  if  said  company  shall  neglect  to  pay  or  tender, 
to  the  person  or  persons,  to  whom  such  damages  shall  be  awarded, 
or  to  the  guardian,  husband,  agent  or  attorney  of  such  person,  the 
amount  of  such  damages,  within  six  months  after  such  award  shall 
be  made,  except  an  appeal  be  entered,  and  in  that  case,  within  three 
months  after  judgment  entered,  all  right  of  said  company,  to  such 
property  then  appraised,  shall  cease,  unless  they  shall  purchase  the 

same  of  the  owner  thereof. Provided  however,  that  when  either 

of  the  parties  shall  feel  aggrieved  by  any  assessment  of  damages 
made  by  said  commissioners,  the  party  so  aggrieved,  may,  at  any 
time,  within  thirty  days  after  notice  of  such  assessment,  appeal  to 
the  Superior  Court  of  Judicature,  next  to  be  holden  within  and  for 
the  County,  in  which  such  property,  right,  or  privilege,  is  situated, 
which  Court  shall  decide  thereon,  and  tax  cost  for  either  or  neither 
party,  as  to  said  Court  shall  seem  just;  And  the  party  making 
such  appeal,  shall  cause  a  written  notification  thereof,  signed  by,  or 
in  behalf  of,  such  party,  and  by  one  or  more  of  said  commissioners, 
to  be  forthwith  lodged  with  the  Clerk  of  said  Court;  and  shall  also 
cause  a  copy  of  such  notification,  to  be  left  with  the  adverse  party, 
his  or  her  known  agent  or  attorney,  husband  or  Guardian,  as  the 
case  may  be,  when  the  appeal  is  taken  by  said  corporation; — or  with 
a  director,  or  Clerk  of  said  company,  where  the  appeal  is  taken  by 
a  party  claiming  damages  from  said  corporation — Provided  further- 
more, that  either  party,  on  said  appeal,  shall  be  entitled  to  a  trial 
by  Jury,  whose  verdict,  with  judgment  rendered  thereon,  shall  be 
final  and  conclusive. 

Sec.  16.  And  be  it  further  enacted,  That  whenever  it  shall  be 
found  necessary  for  said  canal,  railway,  or  other  works  connected 
therewith,  to  pass  through,  or  upon  any  real  estate  belonging  to 
any  minor,  or  person  non  composmentis,  or  to  any  person  without 


LAWS  OF   NEW   HAMPSHIRE  695 

this  State,  having  no  Agent  or  attorney,  known  to  said  corpora- 
tion, within  this  State,  it  shall  be  the  duty  of  the  Judge  of  Pro- 
bate, within  and  for  the  county  where  such  real  estate  may  lie, 
upon  application  made  to  him  by  said  corporation  for  that  pur- 
pose, having  first  caused  due  notice  of  such  application  to  be  given, 
to  appoint  some  suitable  and  disinterested  person  to  be  guardian 
of  such  minor,  or  person  non  compos  mentis,  or  to  be  agent  of  such 
person  out  of  the  State,  taking  bond,  with  sufficient  surety,  from 
such  guardian  or  agent,  for  the  faithful  discharge  of  the  trust  re- 
posed in  him,  and  such  guardian  and  agent  shall  have  full  power 
to  agree  with  said  corporation,  upon  the  damages  sustained  by  the 
owner  or  owners  of  such  estate,  and,  upon  receiving  satisfaction 
therefor,  to  make  a  good  and  valid  conveyance  to  said  corporation, 
of  all  the  right  and  title,  which  such  minor,  person  non  compos- 
mentis,  or  person  out  of  the  State,  as  the  case  may  be,  may  have  in 
such  estate,  to  hold  so  long  as  such  estate  shall  be  used  for  the 
purposes  contemplated  in  this  act. — And  in  case  said  guardian,  or 
agent,  and  said  corporation  shall  not  agree  upon  the  damages  afore- 
said, then  the  same  shall  be  assessed  by  said  commissioners,  or  by 
said  Superior  Court,  in  the  same  way  and  manner,  as  is  provided 
in  the  fifteenth  section  of  this  act  — 

Sec.  17.  And  be  it  further  enacted,  That  all  the  rights,  powers 
and  privileges,  granted  to  Joseph  Smith  and  his  associates,  as  con- 
tained in  the  act,  and  the  additional  act,  herein  before  mentioned, 
shall  be,  and  the  same  hereby  are,  vested  in  the  New  Hampshire 
Canal  and  Steam  Boat  Company. 

Sec.  18.  And  be  it  further  enacted,  that  said  company  be,  and 
they  hereby  are  vested  with  the  sole  and  exclusive  right  of  using 
and  employing  upon  the  waters  of  Winnipisseogee  Lake,  and  of 
Great  and  Little  Squam  Ponds,  Steam-Boats  and  Steam-vessels  for 
the  term  of  thirty  years  from  the  passing  of  this  act;  and  at  all 
times,  in  common  with  others,  said  company  may  have  and  use, 
upon  the  waters  aforesaid,  other  boats,  vessels  and  water  craft; 
and  for  the  convenient  management  of  their  business  upon  said 
Lake  and  ponds,  may  take,  purchase  and  hold,  real  as  well  as 
personal  estate,  consisting  in  lands,  warehouses,  or  other  buildings, 
wharves,  piers,  Steam  Boats  and"  vessels,  with  their  machinery, 
tackle  and  rigging,  and  such  other  boats  and  equipments,  as  may 
be  found  convenient  and  necessary; — provided,  that  not  more  than 
one  hundred  thousand  dollars,  of  the  capital  of  said  company,  shall 
be  expended  in  such  real  and  personal  estate. 

Sec.  19.  And  be  it  further  enacted,  That  such  rates  of  freight 
or  toll,  shall  be  allowed  to  said  company,  for  transporting  all  goods, 
wares,  ores,  lumber,  produce,  manufactures,  or  any  other  thing,  as 
well  as  for  carrying  passengers  and  towing  vessels,  boats,  or  rafts, 
as  the  Justices  of  the  Superior  Court  shall  determine  and  prescribe; 
and  it  shall  be  the  duty  of  said  company,  at  the  expiration  of  one 


696  LAWS  OF   NEW  HAMPSHIRE 

year,  from  the  time  of  putting  into  operation  a  SteamBoat,  or 
Steamvessel,  and  at  the  expiration  of  every  succeeding  five  years,  to 
exhibit  to  said  Justices  an  account,  made  out,  under  oath,  by  a 
Clerk,  Treasurer  or  Director  of  said  company,  of  all  monies  actually 
paid  and  expended,  under  the  provisions  of  the  eighteenth  sec- 
tion of  this  act,  and  of  all  monies  received  for  tolls,  freight  or  other- 
wise, as  profits,  or  income,  on  the  monies  so  expended. 

Sec.  20.  And  be  it  further  enacted,  That  if  said  company  shall 
neglect  to  put  into  operation,  upon  said  Winnipisseogee  Lake,  a 
SteamBoat  or  Steam  vessel,  for  five  years  after  the  passing  of  this 
act,  or  if  they  shall,  after  that  time,  at  any  one  period  during  the 
boating  season,  neglect  for  the  space  of  four  months,  to  use  and 
employ,  upon  said  Lake,  such  boat  or  vessel,  unless  prevented  by 
inevitable  accident;  or,  for  any  cause  whatever,  neglect  to  use  and 
employ  such  boat  or  vessel,  for  one  whole  year,  then,  in  either  of 
the  cases  of  neglect  aforesaid,  the  exclusive  right  vested  in  said 
company,  by  the  eighteenth  section  of  this  act,  shall  be  forfeited 
and  void. 

Sec.  21.  And  be  it  further  enacted,  That  if  said  company  shall 
not  within  five  years,  from  and  after  the  passing  of  this  act,  ac- 
tually appropriate,  lay  out  and  expend,  in  making  and  constructing, 
said  canal,  locks  and  other  works  connected  therewith,  the  sum  of 
fifty  thousand  dollars,  then  this  act,  and  every  part  thereof,  shall 
be  null  and  void.  And,  provided  further,  that  if  said  company  shall 
not  make,  construct  and  complete,  the  whole  of  said  canal,  locks 
and  other  works  connected  therewith,  as  contemplated  in  this  act, 
within  fifteen  years  from  and  after  the  passing  of  the  same,  then 
all  the  right,  title,  claim  and  interest,  which  said  corporation  have, 
under  this  act,  to  make  such  canal,  locks  and  other  works,  or  such 
part  thereof  as  they  shall  have  neglected  to  make,  construct  and 
complete,  as  aforesaid,  shall  cease  and  determine. 

Sec.  22.  And  be  it  further  enacted,  That  whenever  the  stock  of 
said  company  shall  have  been  subscribed,  and  said  canal  shall  go 
into  operation,  said  corporation  shall  be  liable  and  holden  to  pay 
to  John  Mc,Duffee,  his  Executors,  Administrators,  heirs  and  as- 
signs, as  a  consideration  for  his  services  and  expenses,  in  looking 
out,  exploring  and  surveying,  a  route  for  a  canal,  from  Winnipisseo- 
gee Lake,  in  this  State,  to  Lake  Memphremagog,  in  the  State  of  Ver- 
mont, as  well  as  for  his  services  and  expenses  in  procuring  the 
grants  herein  before  mentioned,  made  to  Phinehas  Walker  and 
others,  and  to  the  said  John  Mc,Duffee  and  others,  such  compensa- 
tion, as  the  Justices  of  the  Superior  Court  shall  think  just  and 
reasonable.  And  their  award  in  writing,  shall  be  taken  as  evidence 
of  his  claim  upon  said  corporation. 

Sec.  23.  And  be  it  further  enacted,  That  it  shall  and  may  be 
lawful,  for  the  proprietors  of  the  Winnipisseogee  River  Canal,  by 
their  corporate  act,  to  transfer  and  make  over  to  this  company,  all 


LAWS   OF   NEW   HAMPSHIRE  697 

the  rights,  powers  and  privileges,  secured  to  them,  by  their  act  of 
incorporation,  entitled,  "An  Act  to  incorporate  Jonathan  C.  Everett 
and  his  associates,  with  the  exclusive  right  and  privilege  of  cutting 
a  canal  and  constructing  locks  and  slips,  from  Winnipisseogee  Lake 
to  Sandbornton  Bay,"  Approved,  December  6,  1824. — And  it  shall 
and  may  be  lawful,  for  this  corporation,  to  accept  of  such  transfer, 
and,  thereupon,  a  copy  of  such  transfer  and  acceptance,  having 
been  lodged  in  the  office  of  the  Secretary  of  this  State,  all  the  rights, 
powers  and  privileges,  with  all  things  appertaining  thereto,  shall  be 
vested  in,  possessed  and  exercised  by  this  corporation.  Provided, 
that  this  transfer  shall  not  be  held,  so  as  to  prevent  the  construction 
of  a  canal,  or  canals,  at  any  time,  from  the  waters  of  the  Winni- 
pisseogee Lake,  to  unite  with  canals  below,  on  Merrimack  river, 
whenever  the  public  good  shall  require. 

Sec.  24.  And  be  it  further  enacted,  That  whenever  a  company 
shall  be  incorporated  in  the  State  of  Vermont,  for  the  purpose  of 
making  and  constructing  a  Canal  or  Railway,  from  the  Western 
termination  of  the  route  mentioned  in  this  act,  to  the  Northern  or 
Western  Lakes,  or  other  navigable  waters  of  said  State  of  Vermont, 
it  shall  and  may  be  lawful,  for  the  New  Hampshire  Canal  and 
Steam  Boat  Company,  to  unite  with  such  company  in  said  State  of 
Vermont,  in  such  way  and  manner,  as  they  may  think  proper;  Sub- 
ject, however,  at  all  times,  to  any  regulations  or  provisions  wrhich 
the  Legislature  of  this  State  may  prescribe  or  impose — 

Sec.  25.  And  be  it  further  enacted,  that  the  Legislature  of  this 
State  shall,  at  any  time  hereafter,  have  the  right,  and  it  hereby 
reserves  the  right,  of  authorizing  the  proprietors  of  any  other  canal 
or  canals,  which  may  hereafter  be  made,  to  enter  said  New  Hamp- 
shire Canal,  at  such  place,  or  places,  as  may  be  found  most  con- 
venient for  uniting  the  same,  and  at  such  place  or  places,  to  con- 
struct and  have  a  basin  or  basins,  to  be  used  in  common,  as  wrell 
by  the  proprietors  of  said  New  Hampshire  Canal,  as  by  the  pro- 
prietors of  such  other  canals  as  may  be  connected  therewith,  for  the 
reception  of  boats,  rafts  and  all  other  things,  which  may  be  trans- 
ported thereon — The  proprietors  of  such  canal  or  canals  making 
compensation  to  the  proprietors  of  said  New-Hampshire  canal, 
for  all  actual  injury  or  damage,  occasioned  to  said  New  Hampshire 
Canal,  by  entering  the  same  as  aforesaid,  the  same  to  be  assessed, 
in  such  way  and  manner,  as  the  Legislature  may  direct — Provided 
however,  that  it  is  not  hereby  intended,  that  any  compensation  is  to 
be  made,  for  any  damages  or  injury  arising  from  the  diversion  of 
any  trade  or  business  from  said  canal,  through  the  canal  so  entering 
the  same. 

Sec.  26.  And  be  it  further  enacted.  That  this  act  shall  be  taken 
and  deemed  to  be  a  public  act,  to  all  intents  and  purposes. 


698  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  67.] 

State  of  I 

New  Hampshire.  \ 

An  act  for  the  Suppression  of  Lotteries. 

[Approved  July  7,  1827.  Acts,  vol.  24,  p.  359.  Session  Laws,  1827,  Chap. 
67.  Laws,  1830  ed.,  p.  185.  This  act  repeals  act  of  June  12,  1807,  Laws  of 
New  Hampshire,  vol.  7,  p.  568.  See  also  acts  of  February  14,  1791,  id.,  vol. 
5,  p.  686,  and  June  25,  1830,  Session  Laws,  1830,  Chap.  2.  Repealed  by  act 
of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  be  unlawful  for 
any  person  or  persons  to  make  or  put  up  any  lottery  or  expose  to 
sale,  or  dispose  of  any  estate  real  or  personal  by  lottery,  not  having 
been  first  authorized  or  empowered  so  to  do,  by  the  Legislature  of 
this  State,  and  if  any  person  or  persons  not  authorized  or  empow- 
ered as  aforesaid  shall  make  or  put  up  any  lottery,  or  expose  to 
sale  or  dispose  of  any  estate  real  or  personal,  by  Lottery  every  such 
person  or  persons  so  offending,  for  every  such  offence  on  conviction 
thereof,  before  the  Superior  Court  of  Judicature  in  the  County, 
where  such  offence  shall  be  committed  shall  forfeit  and  pay  a  sum 
not  exceeding  five  hundred  dollars,  nor  less  than  fifty  dollars,  for  the 
use  of  said  County. 

Section  2.  And  be  it  further  enacted,  That  it  shall  be  unlawful 
for  any  person  or  persons  to  keep  for  sale,  or  otherwise  to  be  dis- 
posed of,  or  offer  to  sell,  or  expose  for  sale,  or  actually  sell,  or 
otherwise  dispose  of  any  ticket  or  part  or  parts  of  any  ticket  in  any 
lottery  not  authorized  by  the  Legislature  of  this  State,  and  any  per- 
son or  persons  so  offending,  for  each  and  every  such  offence  on 
conviction  thereof  before  the  Superior  Court  of  Judicature  in  the 
County  where  such  offence  shall  be  committed  shall  forfeit  and  pay 
a  sum  not  exceeding  one  hundred  dollars  nor  less  than  twenty  five 
dollars  for  the  use  of  such  County. 

Section  3.  And  be  it  further  enacted,  That  it  shall  be  unlawful 
for  any  person  or  persons  to  aid  or  assist  in  any  lottery  not  author- 
ized by  the  Legislature  of  this  State,  by  printing  or  otherwise  pub- 
lishing an  account  thereof  or  by  printing  or  publishing  any  adver- 
tisement or  notice  of  the  place  where,  or  the  name  of  the  person 
by  whom  any  ticket  or  tickets,  or  part  or  parts  of  any  ticket  or 
tickets  may  be  kept  for  sale  or  otherwise  to  be  disposed  of  in  any 
lottery  not  authorized  as  aforesaid,  and  such  person  or  persons  so 
offending,  for  each  and  every  such  offence  on  conviction  thereof 
before  the  Superior  Court  of  Judicature  in  the  County  where  such 
offence  shall  be  committed,  shall  forfeit  and  pay  a  sum  not  exceed- 
ing one  hundred  dollars  nor  less  than  twenty  five  dollars  for  the 
use  of  such  county. 


LAWS  OF   NEW   HAMPSHIRE  699 

Section  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  grand  jurors  and  selectmen  of  the  several  towns  and  places 
in  this  State  to  inform  aginst  all  persons  who  shall  be  guilty  of 
violating  any  of  the  provisions  of  this  act,  and  the  Attorney  General, 
and  in  his  absence  the  county  solicitors  in  their  respective  Counties 
shall  prosecute  for  all  breaches  of  the  provisions  of  this  act. 

Section  5.  And  be  it  further  enacted,  That  an  act  passed  on  the 
12th.  of  June  A.  D.  1807  entitled  "an  act  for  the  suppression  of 
Lotteries"  be  and  the  same  is  hereby  repealed;  provided  that  the 
said  act  shall  be  in  force  and  have  effect  for  the  recovery  of  all  for- 
feitures heretofore  incurred  or  to  be  incurred  under  the  provisions 
of  said  act  hereby  repealed,  prior  to  the  first  day  of  September  next. 

And  be  it  further  provided  that  this  act  shall  not  be  in  force  or 
take  effect  until  the  ist.  day  of  September  next. 


[Orders,  Resolves  and  Votes  of  a  Legislative  Nature  Passed  During 
This  Session.] 

1827,  June  22. 

Upon  the  petition  of  John  B.  Dorion  and  others,  representing  that 
Nicholas  Dorion  formerly  of  Quebec  in  the  Province  of  Lower  Canada, 
and  late  of  Boston  in  the  Commonwealth  of  Massachusetts,  died  seized 
in  fee  of  a  certain  tract,  or  parcel  of  land,  situate  in  Haverhill  afore- 
said, and  described  as  follows,  viz,  Beginning  at  a  stake  and  stones 
standing  S.  54°  20"  E.  five  rods  and  twenty  links  from  the  southeast 
corner  of  Moody  Bedel's  brick  house,  thence  S.  140  20'  W.  thirty 
rods,  thence  S.  400  W.  seventeen  rods  twenty  one  links,  thence  S. 
550  40'  E.  twenty  rods  to  a  stake  and  stones,  thence  S.  40°  30'  W. 
sixteen  rods  to  a  stake  and  stones,  thence  S.  32 °  W.  sixteen  rods  to  a 
stake  and  stones  standing  on  the  north  line  of  John  Page's  land,  thence 
S.  550  40'  E.  one  hundred  and  fifty  one  rods  and  eight  links  to  an  elm 
tree  which  is  the  corner  bound  of  the  house  lots  Nos.  65  and  66  at  the 
east  end,  thence  N.  340  30'  E.  forty  five  and  an  half  rods  to  a  stake 
upon  the  bank  of  Oliverian  brook,  then  down  the  south  bank  of  said 
brook,  as  the  brook  runs,  one  hundred  and  twenty  nine  rods  and  four 
links  to  a  stake  and  stones,  thence  S.  300  W.  seven  rods  to  a  stake  and 
stones,  thence  N.  47°  30'  W.  twelve  rods  twenty  links  to  the  end  of  a 
stone  wall,  thence  N.  53°  W.  twenty  six  rods  and  eighteen  links,  thence 
N.  64°  W.  twenty  seven  rods  and  two  links  to  the  first  mentioned  bound, 
containing  seventy  one  acres,  one  quarter  and  eighteen  rods,  be  the  same 
more  or  less.  That  the  said  Nicholas  died  intestate,  sole,  and  without 
issue,  and  that  by  reason  of  the  alienage  of  the  petitioners,  heirs  at  law 
of  said  Nicholas,  the  said  land  would,  upon  an  inquest  being  had,  escheat 
to  this  State,  and  that  the  Legislature  would  forego  the  right  of  the  State 
in  this  particular. 

Therefore,  Resolved  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  petitioners,  John  B.  Dorion,  Etienne 
Gawin,   Marie   Gawin,   wife   of   said    Etienne,   Joseph    Dorion.   and    the 


7°°  LAWS  OF  NEW  HAMPSHIRE 

children  of  Peter  Dorion  deceased,  the  said  John,  Joseph  and  Peter,  being 
brothers,  and  said  Marie,  the  sister  of  said  Nicholas,  deceased,  be,  and 
they  are  hereby  authorized  and  empowered,  to  take,  hold,  and  convey, 
said  parcel  of  land  as  fully  and  effectually,  and  in  the  same  proportions 
as  if  they  were  citizens  of  the  United  States;  and  that  this  State  do  not, 
and  will  not,  claim  said  estate  as  an  Escheat  by  reason  of  the  ailenage 
of  the  heirs  at  law  of  the  said  Nicholas,  deceased.  Provided  however,  that 
nothing  herein  contained  shall  exempt  said  real  estate,  from  the  power 
of  the  Administrator  of  the  estate  of  said  Nicholas  Dorion,  to  make  sale 
thereof  for  payment  of*  the  intestate's  debts,  in  case  the  personal  estate 
proves  inadequate  for  that  purpose. 
[Acts,  vol.  24,  p.  381. J 


1827,  June  26. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  towns  of  Shelburne,  Shelburne  addition,  Success  and 
Maynesborough  be  and  they  hereby  are  classed  for  the  purpose  of  electing 
a  Representative;  and  the  inhabitants  of  said  towns  are  hereby  authorized 
to  elect  and  send  a  Representative  to  the  General  Court,  until  the  Leg- 
islature shall  otherwise  order. 

And  be  it  further  Resolved,  That  the  towns  of  Randolph,  Jefferson, 
Kilkenny,  Bretton-woods  and  Nash  and  Sawyer's  location  in  the  County 
of  Coos  be,  and  they  hereby  are  classed  for  the  purpose  of  electing  a 
Representative;  and  the  inhabitants  of  said  towns  are  hereby  authorized 
to  elect  and  send  a  Representative  to  the  General  Court  until  the  Leg- 
islature shall  otherwise  order. 

[Acts,  vol.  24,  p.  391.] 


1827,  June  26. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  a  further  term  of  three  years  from  the  16th.  day  of  June 
A,D.  1827,  be  allowed  Daniel  Pinkham  to  complete  the  road  from  Adams 
to  Randolph  in  the  County  of  Coos,  agreeably  to  the  conditions,  and 
subject  to  the  provisions  and  limitations,  of  a  resolution  of  the  General 
Court  passed  June  16,  1824. 

[Acts,  vol.  24,  p.  393.I 


1827,  June  30. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  William  M.  Richardson  of  Chester,  John  Porter  of  Lon- 
donderry, and  Samuel  D.  Bell  of  Chester,  receive  one  hundred  and  eighty 
dollars  in  full,  for  revising  the  laws  of  this  State,  relating  to  towns  and 
town  officers,  so  far  as  they  have  reported,  and  for  drafting  the  bills  by 
them  submitted  at  this  session,  and  that  the  said  sum  be  paid  out  of  the 
Treasury. 

[Acts,  vol.  24,  p.  405.I 


LAWS  OF   NEW  HAMPSHIRE  701 

1827,  June  30. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  That  his  Excellency  the  Governor  by  and  with  the  ad- 
vice of  the  Council  be,  and  is,  hereby  authorized  to  appoint  two  Com- 
missioners on  the  part  of  this  State,  who  shall  have  power  under  the 
direction  of  the  Governor,  and  in  conjunction  with  commissioners  to  be 
appointed  on  the  part  of  the  State  of  Maine  to  ascertain,  survey,  mark 
and  renew  the  dividing  line  between  this  State  and  the  State  of  Maine, 
in  its  whole  extent,  and  to  erect  thereon  suitable  monuments  to  designate 
it  as  the  boundary  line  of  said  States. 

And  be  it  further  Resolved,  That  his  Excellency  the  Governor  of 
this  State  be  requested  to  transmit  a  copy  of  this  Resolution  to  the 
Governor  of  the  State  of  Maine,  and  take  such  other  measures  as  may 
be  necessary  to  carry  the  same  into  immediate  effect. 

[Acts,  vol.  24,  p.  409.] 


1827,  July  4. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Governor  with  advice  of  the  Council,  be  authorized 
to  draw  on  the  Treasurer  in  favor  of  Robert  Neal  and  Alexander  Ladd, 
in  a  sum  not  exceeding  six  hundred  dollars  for  the  purpose  of  erecting 
an  additional  story  eight  feet  in  height,  of  brick,  on  the  Arsenal  at  Ports- 
mouth, when  they  shall  have  received  satisfactory  evidence  that  the  fee 
of  the  land  on  which  said  Arsenal  stands,  is  vested  in  this  State,  and  the 
additional  story  completed. 

[Acts,  vol.  24,  p.  423.] 


1827,  July  5. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Attorney  General  be,  and  he  hereby  is  directed  and 
instructed  at  the  next  term  of  the  Superior  Court  of  Judicature  to  be 
holden  in  the  County  of  Grafton,  to  cause  process  to  be  instituted,  to 
ascertain  by  what  right  the  proprietors  of  the  locks  at  White  River  Falls 
demand  and  receive  tolls  at  said  locks,  and  to  prosecute  the  same  until 
a  final  adjudication  by  said  Court,  upon  said  claim  of  right. 

[Acts,  vol.  24,  p.  425.] 


1827,  July  6. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  Jeremiah  Pecker,  Esquire,  of  Concord,  be  authorized  to 
contract  with  some  person  to  alter  the  room  under  the  Senate  chamber 
and  divide  the  same  into  rooms  for  the  use  of  committees,  on  a  level  with 
and  similar  to  those  in  the  south  wing  of  the  capitol;  and  when  the  same 
is  completed  to  the  satisfaction  of  the  said  Jeremiah  Pecker,  who  is  hereby 


702  LAWS  OF   NEW  HAMPSHIRE 

appointed  agent  to  superintend  said  work,  the  Governor  is  authorized  to 
draw  such  sum  from  the  Treasury  as  may  be  necessary  to  defray  said 
expences,  provided  said  sum  shall  not  exceed  the  sum  of  three  hundred 
and  fifty  dollars.  Provided,  that  the  whole  extent  of  the  ground  floor 
shall  be  left  in  a  single  room. 
[Acts,  vol.  24,  p.  447.I 


1827,  July  7. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  the  Treasurer  of  this  State  be  authorised  to  sell  and  convey 
by  deed  of  quitclaim,  duly  executed,  to  James  Bean,  a  certain  tract  of 
land  situated  in  the  County  of  Coos  and  State  of  New  Hampshire,  con- 
taining five  hundred  acres,  agreeably  to  the  plan,  accompanying  the 
report  of  the  Honourable  Richard  Odell,  June  A.D.  1826.  provided  the 
said  James  Bean  or  any  person  authorised  by  him,  pay  or  cause  to  be 
paid  to  the  Treasurer  of  this  State  the  value  of  said  land,  as  appraised  by 
said  Odell,  at  five  cents  per  acre,  amounting  to  twenty  five  dollars,  in  one 
year  from  the  passage  of  this  Resolve. 

[Acts,  vol.  24,  p.  503.] 


1827,  July  7. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  His  Excellency  the  Governor  be  authorized  to  draw  upon 
the  Treasury  of  this  State  for  a  sum  not  exceeding  three  hundred  dollars 
to  defray  the  expences  of  the  Commissioners  for  the  purpose  of  estab- 
lishing the  boundary  line  between  this  State  and  the  State  of  Maine,  who 
are  to  be  accountable  to  the  General  Court  for  the  proper  application  of 
the  same. 

[Acts,  vol.  24,  p.  505.] 


1827,  July  7. 

Resolved  by  the  Senate  and  House  of  Represenatives  in  General  Court 
convened,  That  William  M.  Richardson  of  Chester,  John  Porter  of  Lon- 
donderry, and  Samuel  D.  Bell  of  Chester  who  were  appointed  by  a  res- 
olution passed  at  the  last  session  to  revise  the '  laws  relating  to  towns 
and  town  officers,  be  requested  to  complete  the  revision  of  said  laws,  and 
to  report  at  the  next  June  session  of  the  General  Court  such  further  bills 
relating  to  the  subjects  aforesaid  as  they  shall  deem  expedient,  and  that 
His  Excellency  the  Governor  be  requested  to  notify  these  Gentlemen  of 
the  same. 

[Acts,  vol.  24,  p.  507.] 


LAWS   OF   NEW  HAMPSHIRE  703 

1827,  July  7. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Treasurer  of  this  State  be  authorized  to  sell  and 
convey  by  deed  of  quit  claim  duly  executed  to  Barzilla  Emery,  a  certain 
tract  of  land  situated  in  Bartlett  in  the  County  of  Coos  and  State  of  New 
Hampshire,  containing  eight  acres  one  fourth  and  thirty  square  rods 
agreeably  to  the  plan  accompanying  the  Petition  of  said  Emery,  provided 
the  said  Emery  or  any  person  authorized  by  him  pay  or  cause  to  be  paid 
into  the  Treasury  of  this  State — the  value  of  said  land  being  three  dollars 
and  thirty  five  cents. 

[Acts,  vol.  24,  p.  513.] 


1827,  July  7. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Secretary  of  State  be  and  he  hereby  is  directed  to 
apply  to  the  proper  authorities  to  obtain  from  the  records  and  files  of 
the  State  of  Massachusetts  from  1641  to  1680  and  from  1689  to  1692, 
during  which  times  this  State  was  under  the  government  of  Massachu- 
setts, copies  of  all  the  public  acts  and  documents  having  particular  refer- 
ence to  this  State;  and  that  the  Secretary  make  application  to  the  proper 
authorities  for  the  records  and  files  of  the  County  of  Norfolk,  or  copies 
thereof,  which  pertain  to  any  town  or  towns  in  this  State. 

[Acts,  vol.  24,  p.  515.] 


704  LAWS  OF  NEW  HAMPSHIRE 

[THIRTY-SEVENTH  GENERAL  COURT.] 

[Held  at  Concord,  Two  Sessions,  June  4,  1828,  to  June  ig,  1828, 
and  November  ig,  1828,  to  January  3,  i82g.\ 

[OFFICERS  OF  THE  GOVERNMENT.] 

John  Bell,  Governor. 
Dudley  S.  Palmer,  Secretary. 
James  Wilcomb,  Deputy  Secretary. 
Samuel  Morrill,  Treasurer. 
George  Sullivan,  Attorney  General. 
Nahum  Parker,  President  of  the  Senate. 
James  Wilson,  Jr.,  Speaker  of  the  House. 

[Members  of  the  Council.] 

Langley  Boardman,  Portsmouth. 

Andrew  Peirce,  Dover. 

Matthew  Harvey,  Hopkinton. 

Jotham  Lord,  Westmoreland. 

Caleb  Keith,  Wentworth. 

[Members  of  the  Senate.] 

John  W.  Parsons,  Rye. 

William  Plumer,  Jr.,  Epping. 

David  Steele,  Goffstown. 

Hall  Burgin,  Allenstown. 

James  Bartlett,  Dover. 

Daniel  Hoit,  Sandwich. 

John  Wallace,  Jr.,  Milford. 

Bodwell  Emerson,  Hopkinton. 

Nahum  Parker,  Fitzwilliam. 

Thomas  Woolson,  Claremont. 

James  Poole,  Hanover. 

John  W.  Weeks,  Lancaster. 

[Members  of  the  House.] 
rockingham  county. 

Atkinson  and   )  „,     , 

Plaistow,  S  Henry  TuCker' 

Brentwood,  Andrew  Dudley. 

Candia,  John  Lane. 

Chester,  John  Bryant. 

Jesse  J.  Underhill. 


LAWS  OF  NEW  HAMPSHIRE 


705 


Deerfield, 

Derry, 

East  Kingston  and  { 
South  Hampton,        \ 
Epping, 
Exeter, 

Greenland, 

Hampstead, 

Hampton, 

Hampton  Falls, 

Hawke  and   ) 

Sandown,       j 

Kensington, 

Kingston, 

Londonderry, 

Newcastle, 

Newington, 

Newmarket, 

Newton, 

North  Hampton, 

North  wood, 

Nottingham, 

Poplin, 

Portsmouth, 


Raymond, 

Rye, 

Salf>m, 

Seabrook, 

Strfltham, 

Windham, 


Dudley  Freese. 
Benjamin  Jenness. 
John  Porter. 
Alanson  Tucker. 

Abel  Brown. 

Lawrence  Brown. 
Jeremiah  Dow. 
Oliver  W.  B.  Peabody. 
Alfred  Metcalf. 
Jesse  Gordon. 
Joshua  Lane. 
William  Brown. 

Samuel  Pillsbury. 

Jeremiah  Batchelder. 
William  Webster. 
John  Holmes. 
William  Vennard,  Jr. 
Cyrus  Frink. 
Arthur  Branscomb. 
John  Bartlett. 
Nathaniel  Batchelder. 
Ebenezer  Coe. 
Ebenezer  Butler. 
Josiah  Robinson. 
Andrew  Bell. 
Samuel  E.  Coues. 
Alexander  Ladd. 
Nathaniel  B.  March. 
John  N.  Sherburne. 
Moses  Dudley. 
Simon  Jenness,  Jr. 
Thornton  Betton. 
John  Locke. 
L^vi  Jewell. 
Samuel  Anderson. 


STRAFFORD  COUNTY. 


Alton, 
Barnstead, 

Barrington, 
Brookfield, 
Burton  and 
Chatham, 


Thomas  Flanders,  Jr. 
John  Kent. 
John  Peavey. 
William  F^le. 
John  T.  Churchill. 

Jonathan  K.  Eastman. 


45 


706 


LAWS  OF   NEW   HAMPSHIRE 


Center  Harbor, 

Jonathan  T.  Moulton, 

Conway, 

Samuel  Stark. 

Dover, 

Daniel  M.  Christie. 

Samuel  Kimball. 

Eri  Perkins. 

John  Williams. 

Eaton, 

John  March. 

Farmington, 

Jeremiah  Jones. 

Gilmanton, 

Peter  Clark. 

Stephen  L.  Greely. 

Gilford, 

Lyman  B.  Walker. 

Lee, 

George  Lang. 

Madbury, 

Sargent  Hanson. 

Meredith, 

Warren  Lovell. 

Washington  Smith. 

Middleton, 

Jacob  R.  Pillsbury. 

Milton, 

Thomas  Chapman. 

Moultonborough, 

Thomas  Shannon. 

New  Durham, 

Thomas  Tash,  Jr. 

New  Hampton, 

Washington  Mooney. 

Ossipee, 

Ezekiel  Wentworth. 

Rochester, 

Joseph  Cross. 

James  Farrington. 

Sanbornton, 

James  Clark. 

Samuel  Tilton. 

Sandwich, 

Daniel  Hoit. 

Johnson  D.  Quimby. 

Somersworth, 

Joseph  Doe. 

William  W.  Rollins. 

Strafford, 

Benning  W.  Jenness. 

Job  Otis. 

Tamworth, 

Benjamin  Gilman,  Jr. 

Tuftonborough, 

Joseph  L.  Peavey. 

Wakefield, 

John  Wingate. 

Wolfeborough, 

Henry  B.  Rust. 

MERRIMACK 

COUNTY. 

Allenstown, 

Andrew  0.  Evans. 

Andover, 

Joseph  C.  Thompson 

Boscawen, 

John  Farmer. 

Ezekiel  Webster. 

Bow, 

Jonathan  Cavis. 

Bradford, 

Daniel  Millen. 

Canterbury, 

Joseph  Moody. 

Chichester, 

David  M.  Carpenter. 

Concord, 

George  Kent. 

Jacob  B.  Moore. 

LAWS  OF  NEW  HAMPSHIRE 


707 


Dunbarton, 

Epsom, 

Fishersfield, 

Henniker, 

Hooksett, 

Hopkinton, 

Loudon, 

New  London, 

Northfield, 

Pembroke, 

Pittsfield, 

Salisbury, 

Sutton, 

Warner, 

Wilmot, 


James  Allison. 
William  Ham,  Jr. 
Israel  Putnam. 
Jacob  Rice. 
John  J.  Ayer. 
Stephen  Darling. 
Nathaniel  Knowlton. 
Cyrus  Tucker. 
Anthony  Colby. 
Jeremiah  Smith. 
Boswell  Stevens. 
James  Underwood. 
John  Townsend. 
Reuben  Porter. 
Benjamin  Evans. 
Abner  B.  Kelly. 
Josiah  Stearns. 


HILLSBOROUGH   COUNTY. 


Amherst, 

Antrim, 

Bedford, 

Brookline, 

Deering, 

Dunstable, 

Francestown, 
Goffstown, 

Greenfield, 

Hancock, 

Hillsborough, 

Hollis, 

Litchfield, 

Lyndeborough, 

Manchester, 

Mason, 

Merrimack, 

Milford, 

Mont  Vernon, 

New  Boston, 

New  Ipswich, 

Nottingham  West, 

Pelham, 

Peterborough, 


Robert  Reed. 
Samuel  Fletcher. 
Joseph  Colley. 
Thomas  Bennett. 
William  McKeen. 
Israel  Hunt,  Jr. 
Moody  D.  Love  well. 
William  Bixby. 
Jesse  Carr. 

Eliphalet  Richards,  Jr. 
William  Whittemore. 
Joseph  Simonds. 
Thomas  Wilson. 
Benjamin  M.  Farley. 
Josiah  Richardson. 
Nehemiah  Boutwell. 
Franklin  Moore. 
John  Stevens. 
James  B.  Thornton. 
Josiah  French. 
Aaron  F.  Sawyer. 
Samuel  Trull. 
Stephen  Wheeler. 
Thomas  B.  Wason. 
James  Hobbs. 
Jonathan  Smith. 


708 


LAWS  OF   NEW  HAMPSHIRE 


Sharon, 

Society  Land  and  ) 

Windsor,  \ 

Temple, 

Weare, 

Wilton, 


Jonathan  Farnsworth. 

John  Dodge. 

Simon  Farrar. 
Simon  P.  Colby. 
Tristram  Eaton. 
Samuel  Abbot. 


CHESHIRE  COUNTY. 


Alstead, 

Chesterfield, 

Dublin, 

Fitzwilliam, 

Gilsum, 

Hinsdale, 

Jaffrey, 

Keene, 

Marlborough, 

Marlow, 

Nelson, 

Richmond, 

Rindge, 

Roxbury, 

Stoddard, 

Sullivan, 

Surry, 

Swanzey, 

Trov, 

Waloole, 

Westmoreland, 

Winchester, 


Asa  Wentworth,  Jr. 
Orlo  Richardson. 
Samuel  Adams. 
Levi  Chamberlain. 
Aaron  Day. 
Obed  Slate. 
William  Ainsworth. 
Salma  Hale. 
James  Wilson,  Jr. 
Joseph  Frost. 
William  Lewis. 
Ezra  Wardwell. 
Jonathan  R^wson. 
Samuel  L.  Wilder. 
Samuel  Griffin. 
Francis  Matson. 
John  Wilson. 
Francis  Holbrook. 
Eliiah  Balding:. 
Daniel  Cuttinor. 
William  G.  FWd. 
SamiH  Winchester. 
Evi  Pierce. 


SULLIVAN    COUNTY. 


Acworth, 

Charlestown, 

Claremont, 

Cornish, 

Croydon, 

Goshen, 

Grantham, 

Langdon, 

Lempster, 


Daniel  Robinson. 
Vryling  Lovell. 
Josiah  Richards. 
Austin  Tyler. 
Benjamin  Chapman. 
Briant  Brown. 
Reuben  Willey. 
Abiel  Howard. 
Joseph  Currier. 
Abner  Chase. 


LAWS   OF   NEW  HAMPSHIRE 


709 


Newport, 

Oliver  Jencks. 

Plainfield, 

John  Ticknor. 

Springfield, 

John  Quimby. 

Unity, 

James  Neale. 

Washington, 

Jacob  S.  Gould. 

Wendell, 

John  Colby. 

GRAFTON  COUNTY. 

Alexandria, 

Samuel  Cole. 

Bath, 

Ira  Goodall. 

Bethlehem, 

1 

Franconia  and 

}                       Nathaniel  Knox. 

Lincoln, 

J 

Bridge  water, 

Joseph  Prescott. 

Bristol, 

Nathaniel  G.  Berry. 

Campton, 

Ebenezer  Little,  Jr. 

Canaan, 

James  Wallace. 

Danbury   and 
Orange, 

f                         Ephraim  Crockett. 

Enfield, 

James  Willis. 

Grafton, 

Richard  Whittier. 

Groton, 

Asahel  Buel. 

Hanover, 

Jonathan  Freeman,  2d. 

Daniel  Oliver. 

Haverhill, 

Joseph  Bell. 

Caleb  Morse. 

Hebron, 

Stephen  Pillsbury. 

Holderness, 

Samuel  Thompson. 

Landaff, 

Daniel  Clark. 

Lebanon, 

Timothy  Kenrick. 

Roswell  Sartwell. 

Lisbon, 

Cyrus  Barclay. 

Littleton, 

David  Rankin. 

Lyman, 

Caleb  Emery. 

Lyme, 

Nathaniel  Lambert. 

New  Chester, 

Daniel  Favor. 

Orford, 

Leonard  Wilcox. 

Peeling  and  ) 
Ellsworth,      } 

Samuel  Newell. 

Piermont, 

Richard  Jenness. 

Plymouth, 

David  M.  Russell. 

Rumney, 

Samuel  Burnham. 

Thornton, 

Ephraim  Elliot. 

Warren, 

Jacob  Patch. 

Wentworth, 

Aaron  Currier. 

7io 


LAWS   OF   NEW  HAMPSHIRE 


COOS  COUNTY. 


Adams  and   ) 
Bartlett,         } 
Colebrook, 
Columbia, 
Jefferson, 
Kilkenny, 
Randolph,  }■ 

Bretton  Woods  and  | 
Nash  and  Sawyer's  | 
Location,  J 

Lancaster, 
Milan,  ] 

Northumberland,     <- 
Piercy  and 
Stratford,  J 

Shelburne, 

Shelburne  Addition,  J* 
Success  and 
Maynesborough,       J 
Stewartstown, 
Dixville, 
Mfflsfield, 
Errol  and 
College  Grant,  J 
Whitefield  and  1 
Dal  ton,  \ 


Stephen  Meserve. 

Abraham  Boynton. 
Roswell  Hobart. 


William  Chamberlain. 

Adino  N.  Brackett. 
Thomas  Peverly,  Jr. 

Barker  Burbank. 


Jeremiah  Lovering. 


John  M.  Gove. 


LAWS  OF   NEW  HAMPSHIRE  7 1  I 

[First  Session  held  at  Concord,  June  4,  5,  6,  7,  9,  10,  11,  12, 
13,  14,  16,  17,   18,  19,  1828.I 

[CHAPTER  1.] 

State  of         \ 
New  Hampshire.  \ 

An  Act  in  addition  to  an  act  entitled  "An  Act  to  incorporate 
an  Academy  in  the  town  of  Londonderry  by  the  name  of 
the  plnkerton  academy  in  londonderry. 

[Approved  June  12,  1828.  Acts,  vol.  25,  p.  1.  The  act  referred  to  is 
dated  June  15,  1814,  Laws  of  New  Hampshire,  vol.  8,  p.  298.  See  also  act 
of  June  27,  1881,  Session  Laws,  1877-81,  p.  576.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  corporation  hereto- 
fore called  and  known  by  the  name  of  "the  Trustees  of  the 
Pinkerton  Academy  in  Londonderry"  shall  ever  hereafter  be  called 
and  known  by  the  name  of  "The  Pinkerton  Academy. 


[CHAPTER  2.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  in  addition  to  an  Act  entitled  "An  Act  to  incorpo- 
rate an  Academy  by  the  name  of  the  Adams  Female 
Academy,"  approved  June  i8th  1823. 

[Approved  June  12,  1828.  Acts,  vol.  25,  p.  3.  See  act  referred  to,  ante, 
p.  183.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  whole  number  of 
the  Trustees  of  the  Adams  Female  Academy  shall  hereafter  be  nine, 
and  a  majority  of  the  Trustees  of  said  academy  for  the  time  being, 
shall  constitute  a  quorum  which  shall  be  competent  by  major  vote 
to  fill  any  vacancies  in  said  board  and  to  transact  any  other  busi- 
ness which  may  come  before  them 


712  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  3.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  enlarge  the  capital  of  the  Great  Falls  Manufac- 
turing Company. 

[Approved  June  13,  1828.  Acts,  vol.  25,  p.  5.  See  act  of  incorporation 
dated  June  11,  1823,  ante,  p.  175.  See  also  acts  of  June  21,  1826,  ante,  p. 
490;  July  10,  1846,  Session  Laws,  1846,  Chap.  447,  and  July  8,  1862,  id., 
1862,  Chap.  2679.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  Great  Falls  Manufacturing  Com- 
pany is  hereby  authorized  and  empowered  to  acquire  by  purchase 
or  otherwise,  and  to  hold  and  enjoy  such  real  or  personal  estate  as 
may  be  necessary  and  useful  in  conducting  the  business  of  said 
corporation:  Provided  the  estate  held  by  said  corporation  shall  not 
at  any  one  time  exceed  fifteen  hundred  thousand  dollars,  any  thing 
contained  in  the  act  incorporating  said  Company,  or  in  the  act  in 
addition  thereto  to  the  contrary  notwithstanding 

[CHAPTER  4.] 

State  of  \ 

New  Hampshire.  { 

An  Act  in  favor  of  Stephen  Brown. 

[Approved  June  14,  1828.     Acts,  vol.  25,  p.  7.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened,  that  the  sum  of  twenty  nine  dollars  be 
paid  to  Stephen  Brown  of  Concord,  in  full  of  his  account,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated. 


LAWS  OF   NEW   HAMPSHIRE  713 

[CHAPTER  5.] 

State  of  \ 

New  Hampshire.  \ 

An  Act  in  addition  to  an  act  passed  January  25,  A.D.  1795 
entitled  "an  act  to  incorporate  certain  persons  and  their 
associates  into  a  proprietory  by  the  name  of  the  new 
Hampshire  Hotel  and  Portsmouth  Pier. 

[Approved  June  14,  1828.  Acts,  vol.  25,  p.  9.  The  act  referred  to  is 
dated  January  8,  1795,  Laws  of  New  Hampshire,  vol.  6,  p.  214.  See  also 
act  of  June  22,  1832,  Acts,  vol.  29,  p.  50.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  that  the  proprietors  of  the 
New-Hampshire  Hotel  and  Portsmouth  Pier,  be  and  hereby  are 
authorized  and  empowered  to  increase  the  number  of  equal  shares 
in  said  corporation  not  exceeding  thirty  over  and  above  the  number 
of  shares,  which  said  corporation  is  now  empowered  to  hold. 

Section  2d  And,  be  it  further  enacted,  that  the  aforesaid  pro- 
prietors of  the  New  Hampshire  Hotel  and  Portsmouth  Pier,  be  and 
hereby  are  authorized  and  empowered  to  take  by  purchase  or  other- 
wise, and  to  have  and  to  hold  to  them  and  their  assigns  other  real 
estate  of  the  annual  income  of  three  thousand  dollars  over  and 
above  the  amount  of  real  estate  which  said  Corporation  is  now 
empowered  to  hold. 


[CHAPTER  6.] 


State  of  ] 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Strafford  Manufacturing  Com- 
pany. 

[Approved  June  14,  1828.     Acts,  vol.  25,  p.  21.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Theodore  Chase,  x\sa 
Freeman,  Christopher  C.  Wolcott,  Ebenezer  Wentworth,  John  Rice, 
James  Shapley,  Titus  Salter,  John  Burnstead,  Gardner  Green, 
William  Sawyer,  John  D.  Williams,  John  Hooper,  David  Sears, 
Henry  Gassett,  Henry  Hubbard,  and  Ebenezer  Francis  and  their 
associates  and  successors,  be  and  they  hereby  are  incorporated  and 
made  a  body  corporate  and  politic  forever,  by  the  name  of  the  Straf- 
ford Manufacturing  Company,  and  by  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution,  may 


714  LAWS  OF   NEW  HAMPSHIRE 

have  and  use  a  common  seal,  and  the  same  may  break,  alter  and 
renew  at  pleasure,  and  may  also  make,  ordain  and  put  in  execution, 
such  by-laws  and  regulations,  not  being  repugnant  to  the  Constitu- 
tion and  Laws  of  this  State,  as  shall  be  necessary,  proper  and 
convenient  for  the  government  of  said  corporation  and  the  due 
management  of  its  concerns,  and  shall  be  and  hereby  are  vested  with 
all  the  privileges  and  powers  which  by  law  are  incident  to  corpora- 
tions of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
be  and  the  same  hereby  is  empowered,  to  establish,  manage  and 
carry  on  the  manufacture  of  cotton,  linen  and  woolen  goods,  and 
of  all  kinds  of  machinery,  and  such  other  branches  of  trade  and 
manufacture  as  shall  be  necessarily  connected  therewith,  at  any 
place  or  places  which  they  may,  or  shall,  possess  on  or  near  the 
Salmon  Falls  river  in  the  town  of  Somersworth  and  the  Bellamy 
Bank  river  in  the  town  of  Dover  or  either  of  them,  and  to  purchase, 
take,  hold  and  convey  real  and  personal  estate  of  every  kind  to 
such  an  amount  as  they  shall  find  necessary  or  convenient  in  the 
management  of  their  concerns,  provided  the  same  shall  not  exceed 
the  sum  of  fifteen  hundred  thousand  dollars,  and  the  same  to  man- 
age, improve,  change  and  sell  at  their  pleasure,  and  to  erect  on  the 
real  estate  owned  or. to  be  purchased  and  held  by  them  as  afore- 
said, such  dams,  canals,  mills,  buildings,  machines  and  works  as 
they  may  deem  necessary  or  useful  in  managing  and  carrying  on 
their  business  aforesaid.  Provided  however  that  nothing  in  this 
section  is  intended  to  authorize  said  corporation  in  any  manner  to 
interfere  with  the  rights  of  other  individuals  or  persons  without 
their  consent. 

Section  3d.  And  be  it  further  enacted,  that  the  said  Theodore 
Chase,  Asa  Freeman  and  Christopher  C.  Wolcott,  or  any  two  of 
them,  may  call  the  first  meeting  of  said  corporation  to  be  holden  at 
some  suitable  time  and  place  in  the  towns  of  Dover  or  Somers- 
worth, by  publishing  notice  thereof,  at  least  seven  days  prior  to 
the  time  appointed  for  holding  said  meeting,  in  one  or  more  news- 
papers printed  in  towns  of  Dover  and  Portsmouth  and  also  in  some 
newspaper  printed  in  the  city  of  Boston,  at  which  meeting  said 
corporation  may  proceed  to  the  choice  of  a  clerk  who  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office,  and  may 
also  choose  such  other  officers  and  servants  and  prescribe  their 
respective  duties  as  they  may  think  necessary;  may  prescribe  and 
agree  on  the  manner  of  calling,  holding  and  conducting  future 
meetings  of  said  corporation;  and  may  also  transact  and  do  any 
other  business  relating  to  the  property  or  concerns  of  said  Corpo- 
ration. 

Section  4th.  And  be  it  further  enacted,  that  the  capital  stock  of 
said  Corporation  shall  be  divided  into  snares  to  be  numbered  in 
progressive  order,  which  shares  may  be  assessed  to  any  amount  not 


LAWS  OF   NEW  HAMPSHIRE  715 

exceeding  one  thousand  dollars  on  each  share,  in  such  manner  and 
payable  at  such  time  or  times  as  said  Corporation  may  in  their  By- 
Laws,  or  otherwise  prescribe  and  determine:  And  at  all  meetings 
of  said  Corporation  each  member  shall  be  entitled  to  cast  one  vote 
for  each  share  he  may  own  and  hold  in  the  capital  stock  thereof 
on  any  question  which  may  come  before  such  meetings;  and  absent 
members  may  be  represented  and  vote  at  said  meetings  by  an 
agent  for  that  purpose  duly  authorized  in  writing  signed  by  the 
member  or  members  to  be  represented,  which  writing  shall  be  filed 
with  the  clerk  of  said  Corporation:  And  at  such  meetings  all  ques- 
tions shall  be  determined  by  a  majority  of  the  votes  cast,  except  in 
such  cases  as  said  Corporation  may  by  their  By  Laws  otherwise 
prescribe  and  determine. 

Section  5th.  And  be  it  further  enacted,  that  the  shares  in  the 
capital  stock  of  said  Corporation,  shall  be  liable  and  holden  for  the 
payment  of  all  assessments  legally  made  thereon:  And  in  case  of 
neglect  by  any  stockholder  to  pay  the  sum  assessed  upon  his  share 
or  shares  or  any  part  thereof  for  the  space  of  thirty  days  after  the 
same  shall  become  due  and  payable,  such  share  or  shares,  or  so 
many  of  them  as  shall  be  sufficient  to  pay  the  amount  due  thereon, 
may  be  sold  and  transferred  for  the  payment  of  the  same  in  such 
way  and  manner  as  may  be  prescribed  in  the  By-Laws  of  said 
Corporation. 


[CHAPTER  7.] 


State  of  } 

New  Hampshire.  \ 


An  Act  for  the  punishment  of  the  crime  of  manslaughter. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  25.  Session  Laws,  1828,  Chap. 
7-  See  acts  of  February  8,  1791,  Laws  of  New  Hampshire,  vol.  5,  p.  596; 
June  19,  1812,  id.,  vol.  8,  p.  129;  June  28,  1825,  ante,  p.  415,  and  January  2, 
1829,  post.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  if  any  person  shall 
commit  the  crime  of  manslaughter,  such  person  shall  be  punished 
by  fine  not  exceeding  one  thousand  dollars,  or  by  fine  not  exceed- 
ing five  hundred  dollars  and  imprisonment  in  the  common  gaol  not 
exceeding  one  year,  or  by  solitary  imprisonment  in  the  State's 
prison  not  exceeding  six  months,  and  confinement  to  hard  labor 
therein  for  life  or  any  less  period  of  time  in  the  discretion  of  the 
Court  before  whom  the  conviction  shall  be,  and  according  to  the 
aggravation  of  the  offence. 

Section  2.  And  be  it  further  enacted,  That  all  acts  and  parts 
of  acts  heretofore  passed,  so  far  as  they  relate  to  the  punishment  of 


71  6  LAWS   OF   NEW  HAMPSHIRE 

the  said  crime  of  manslaughter,  be  and  they  hereby  are  repealed, 
saving  that  they  shall  continue  and  be  in  force  for  the  punishment 
of  the  said  crime  of  manslaughter,  committed  before  the  passing 
of  this  act. 


[CHAPTER  8.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  Miles  Taylor  and  others  by  the  name 
of  the  Union  Manufacturing  Company  in  Hancock. 

[Approved  June  i8,  1828.    Acts,  vol.  25,  p.  27.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  That  Miles  Taylor,  Moody 
Butler,  John  Dodge  and  Samuel  Baldwin,  and  their  associates  and 
successors,  be,  and  they  hereby  are  incorporated  and  made  a  body 
politic  and  corporate,  by  the  name  of  the  Union  Manufacturing 
Company  in  Hancock,  by  which  name  they  may  sue  and  be  sued, 
prosecute  and  defend  to  final  judgment  and  execution,  and  shall  be, 
and  hereby  are,  vested  with  all  the  powers  of  similar  corporations, 
and  may  have  a  common  seal  which  they  may  at  pleasure  break, 
alter  or  renew 

Section  2.  And  be  it  further  enacted,  That  said  corporation  is 
hereby  authorized,  to  carry  on  the  making  and  manufacturing  of 
Paper,  and  of  Cotton  and  Woolen  goods,  and  such  other  manu- 
factures as  they  may  from  time  to  time  think  fit,  in  Hancock  in  the 
County  of  Hillsborough,  and  may  carry  on  such  branches  of  trade 
and  business  as  may  be  necessarilv  connected  therewith,  and  may 
erect  such  dams,  mills,  and  other  works  as  may  be  necessary  to 
carry  on  such  branches  of  manufacture  and  business. 

And  the  said  Corporation  shall  also  have  power  to  acquire  by 
purchase,  or  otherwise,  such  real  and  personal  estate  as  may  be 
necessary  or  convenient  for  carrying:  on  said  branches  of  business: 
provided  such  estate  shall  not  exceed  the  value  of  twenty  thousand 
dollars,  and  the  same  may  dispose  of  and  sell  at  pleasure 

Section  3.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  Corporation  may  be  divided  into  as  many  shares  as  the  pro- 
prietors at  any  legal  meeting  shall  determine,  which  shall  be  num- 
bered in  progressive  order,  beginning  at  one:  And  each  proprietor 
shall  have  a  certificate  under  the  hand  of  the  Treasurer  and  seal  of 
said  corporation,  expressing  the  number  of  shares,  the  progressive 
number  thereof,  and  certifying  that  he  is  the  owner  thereof  which 
shares  may  be  alienated  in  such  manner  as  said  Corporation  may 
prescribe. 


LAWS  OF   NEW  HAMPSHIRE  7  l7 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
Corporation,  shall  be  liable  for  all  assessments  thereon  legally  made: 
and  upon  the  non  payment  of  all  or  any  part  of  the  same  for  thirty 
days  alter  the  same  shall  have  become  payable,  the  treasurer  may 
advertise  and  sell  at  public  auction  such  delinquent's  shares,  or  so 
many  of  them  as  may  be  necessary  to  pay  the  sums  due  with  inci- 
dental charges  in  such  manner  as  the  by-laws  of  the  said  Corpora- 
tion may  ordain. 

Section  5.  And  be  it  further  enacted,  that  Miles  Taylor,  Moody 
Butler  and  John  Dodge,  or  any  two  of  them  may  call  the  first  meet- 
ing of  said  Corporation  at  said  Hancock  by  posting  up  a  notice  of 
the  time  and  place  where  the  same  is  to  be  holden,  in  some  public 
place  in  said  town  of  Hancock  for  three  weeks  successively,  pre- 
vious to  the  time  of  holding  the  same,  and  the  members  of  said 
Corporation  at  that,  or  any  legal  meeting,  by  a  vote  of  the  major- 
ity of  those  present  or  represented,  allowing  one  vote  for  each 
share,  may  choose  such  officers  and  servants  as  they  may  deem 
necessary,  prescribe  their  duties  order  assessments  and  fix  the  time 
of  their  payment,  pass  by-laws  not  repugnant  to  the  Constitution 
and  laws  of  the  State  for  their  due  regulation  and  government, 
prescribe  rules  for  the  transfer  of  their  stock,  agree  on  the  manner 
of* calling  future  meetings:  and  untill  such  manner  shall  be  agreed 
upon,  any  future  meeting  may  be  called  in  the  manner  herein  pre- 
scribed for  calling  the  first  meeting,  at  which  they  may  transact 
such  other  business  of  the  Corporation  as  they  may  deem  necessary. 


[CHAPTER  9.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  in  amendment  of  an  act  entitled  "an  act  to  incor- 
"pofate  certain  inhabitants  of  the  town  of  alstead  into 
"a  Society,  by  the  name  of  the  Society  of  the  First  Parish 
"in  alstead",  passed  the  29th  day  of  june  a.d.  1815. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  39.  The  act  referred  to  is 
printtd  in  Laws  of  New  Hampshire,  vol.  8,  p.  456.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  any  person,  who  may  hereafter  desire 
to  join  said  society,  and  shall  communicate  to  the  clerk  thereof  such 
his  desire  in  writing  by  him  subscribed,  such  person,  being  an  in- 
habitant of  the  town  of  Alstead,  shall,  after  being  accepted  by  vote 
of  said  society,  at  some  legal  meeting  thereof,  and  not  otherwise, 
be  entitled  to  all  the  rights,  privileges  and  immunities  to  the  same 
belonging,  and  shall  be  subiected  to  a  share  of  all  the  burthens  and 


7l8  LAWS  OF   NEW  HAMPSHIRE 

expenses  of  the  said  society.  And  any  person,  who  may  at  any  time 
desire  to  withdraw  from  the  said  society,  and  who  shall  give  notice 
to  the  clerk  thereof  such  his  desire  in  writing  by  him  subscribed 
shall  be  discharged  and  exempt  from  all  the  expenses  and  liabilities 
incurred  by  becoming  a  member  of  said  Society.  Provided  never- 
theless that  such  person  shall  not  be  discharged  from  the  payment 
of  any  debt  contracted,  liabilities  incurred,  or  of  any  monies  which 
shall  be  assessed  at  the  time  of  his  giving  notice  as  aforesaid. 

And  be  it  further  enacted,  That  the  said  Society  shall  hold  their 
annual  meeting  on  the  first  Thursday  of  March  forever;  provided 
that  this  section  shall  not  be  in  force  until  after  the  first  Monday 
in  October  next. 

And  be  it  further  enacted,  That  the  second  and  last  sections  of 
said  act,  be  and  hereby  are  repealed. 


[CHAPTER  10.] 

State  of         ) 
New  Hampshire.  \ 

An  Act  to  incorporate  Grafton  Lodge  number  forty  six,  in 
Haverhill. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  41.  See  act  of  June  27,  1867, 
Session  Laws,  1867-71,  p.  76.] 

Section  iKt  Be  it  enacted  by  the  Senate  and  House  of*  Repre- 
sentatives in  General  Court  convened,  that  'Samuel  Page,  John  S. 
Bunce  and  William  Ladd  and  their  associates,  and  all  persons  who 
may  hereafter  become  members  of  said  lodge,  be,  and  they  hereby 
are  incorporated  and  made  a  body  corporate  and  politic  forever  by 
the  name  of  Grafton  Lodge  number  forty  six,  in  Haverhill:  And  the 
said  body  corporate  is  hereby  empowered  to  hold  and  possess  real 
and  personal  estate  not  exceeding  one  thousand  dollars,  and  is 
vested  with  all  the  powers,  rights  and  privileges  incident  to  such 
corporations. 

Section  2d.  And  be  it  further  enacted,  that  said  lodge  at  any  of 
the  regular  communications,  by  giving  one  month's  notice,  at  a 
regular  communication,  elect  such  officers  and  establish  such  by- 
laws, rules  and  regulations  as  may  be  deemed  necessary  for  the 
government  of  said  lodge  and  for  carrying  into  effect  the  objects 
of  this  act  not  inconsistent  with  the  constitution  and  laws  of  this 
State. 


LAWS  OF   NEW  HAMPSHIRE  7l9 

[CHAPTER  11.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  providing  for  the  return  of  inventories. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  43.  Session  Laws,  1828,  Chap. 
11.  See  acts  of  June  23,  1832,  id.,  1832,  Chap.  85;  June  18,  1836,  id.,  1836, 
June  session,  Chap.  238;  June  28,  1843,  id.,  1843,  Chap.  42,  and  August  17, 
1878,  id.,  1877-81,  p.  198.] 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  selectmen,  or  the 
major  part  of  them,  at  the  charge  of  the  town  or  place  to  which 
they  belong,  shall  transmit  and  return  an  inventory  of  the  polls  and 
rateable  estates  of  the  several  towns  and  places  within  this  State  as 
taken   for  the  current  year,  and  shall  also  return   distinctly  the 
amount  of  the  footing  of  each  column  of  the  inventory  taken  in 
April  last  year,  into  the  Secretary's  office  on  or  before  the  nine- 
teenth day  of  November  next,  which  inventory  shall  consist  of  all 
male  polls  from  eighteen  to  seventy  years  of  age,  except  such  from 
eighteen  to  twenty  one  as  shall  be  enrolled  in  the  militia,  presidents, 
professors,  tutors,  instructors  and  students  of  colleges,  preceptors 
of  academies,  paupers  and  idiots:  also  of  the  following  articles  of 
which  each  person  was  possessed  on  the  first  day  of  April  last,  viz: 
orchard,   arable,   mowing  and  pasture  land,   accounting  so   much 
orchard  land  as  will  in  a  common  season  produce  ten  barrels  of 
cider  or  perry,  one  acre:  so  much  pasture  land  as  will  summer  a 
cow,  four  acres:  and  what  mowing  land  will  produce  commonly  one 
ton  of  good  English  hay  yearly,  or  meadow  hay  in  proportion,  one 
acre:  and  what  arable  or  tillage  land  will  commonly  produce  twenty 
five  bushels  of  corn  yearly,  one  acre:  in  which  is  to  be  considered 
all  land  planted  with  Indian  corn,  potatoes  and  beans,  and  sown 
with  grain,  flax  or  peas;  all  stallions  or  stud  horses,  that  have  been 
wintered  three  winters:  all  other  horses  and  mares,  distinguishing 
those  that  have  been  wintered,  two,  three,  four  and  five  winters:  all 
jacks  that  have  been  wintered  three  winters:  all  mules,  distinguish- 
ing those  that  have  been  wintered  two,  three,  four  and  five  win- 
ters; all  oxen,  distinguishing  those  which  have  been  wintered  four 
and  five  winters:  all  cows  that  have  been  wintered  four  winters:  all 
young  cattle,  distinguishing  those  that  have  been  wintered  two  and 
three  winters;   all  mills,  wharves  and  ferries  and  the  yearly  rent 
thereof,  the  yearly  repairs  thereof  being  first  deducted,  according 
to  the  judgment  of  the  person  taking  the  inventory:  the  sum  total 
of  all  bank  stock:  the  sum  total  of  the  value  of  all  real  estate,  viz: 
land  and  buildings  not  included  in  the  above-mentioned  articles, 
exclusive  of  all  toll-bridges,  whether  owned  bv  residents  or  non- 
residents, except  such  as  are  appropriated  to  public  use:  the  sum 


720  LAWS   OF   NEW  HAMPSHIRE 

total  of  the  value  of  all  the  stock  in  trade:  the  sum  total  of  all 
money  on  hand  and  at  interest  more  than  the  party  pays  interest 
for. 

Section  2.     And  be  it  further  enacted,  that  said  inventory  taken 
as  above  shall  be  made  agreeably  to  the  following  form  viz: 


Polls  from  eighteen  to  seventy  years  of  age,  excepting  those 
from  eighteen  to  twenty  one,  enrolled  in  the  militia,  presi- 
dents, professors,  tutors,  instructors  and  students  of  col- 
leges, preceptors  of  academies,  paupers  and  idiots. 

Acres  of  orchard  land. 

Acres  of  arable  land. 

Acres  of  mowing  land. 

Acres  of  pasture  land. 

Stallions  or  stud  horses  that  have  been  wintered  three  win- 
ters, and  upwards. 

Other  horses  and  mares  that  have  been  wintered  five  winters. 

Other  horses  and  mares  wintered  four  winters. 

Horses  and  mares  wintered  two  winters. 

Jacks  that  have  been  wintered  three  winters. 

Mules  that  have  been  wintered  four  winters. 

Mules  that  have  been  wintered  three  winters. 

Mules  that  have  been  wintered  two  winters. 

Oxen  wintered  five  winters. 

Oxen  wintered  four  winters. 

All  cows  wintered  four  winters. 

All  neat  stock  wintered  but  three  winters. 

All  neat  stock  wintered  but  two  winters. 

Yearly  rent  or  income  of  wharves,  mills  and  ferries,  yearly 
repairs  deducted. 

Sum  total  of  all  bank  stock. 

Sum  total  of  the  value  of  all  buildings  and  real  estate,  im- 
proved and  owned  by  residents  and  non  residents,  not  in- 
cluded in  the  above. 

Sum  total  of  the  value  of  all  stock  in  trade. 

Sum  total  of  money  at  interest,  including  stock  in  the  funds 
and  securities  for  any  kind  of  property  at  interest,  more  than 
interest  is  paid  for,  and  including  money  on  hand. 

Sum  total  of  the  value  of  all  unimproved  lands,  whether 
owned  by  residents  or  nonresidents. 

All  chaises,  coaches,  sulkies  and  other  wheeled  carriages  of 
pleasure. 

LAWS   OF   NEW  HAMPSHIRE  72  [ 

And  in  all  cases  where  a  copy  of  the  inventory,  taken  in  April  last, 
cannot  be  had,  every  person  is  required  to  give  in  a  true  and  faith- 
ful inventory  of  the  foregoing  articles  belonging  to  him  respectively 
on  oath  or  affirmation,  if  the  same  shall  be  required  by  the  person 
or  persons  taking  said  inventory,  who  are  hereby  empowered  to 
administer  the  same;  and  if  any  person  or  persons  shall  refuse  or 
neglect  to  give  in  such  inventory  in  manner  aforesaid,  the  person  or 
persons  taking  said  inventory  shall  set  down  to  him  or  them  so 
much  as  may  appear  equitable  by  way  of  doomage.  And  the  select- 
men of  the  oldest  town,  adjacent  to  any  town  or  place  where  no 
selectmen  are  chosen,  shall  take  an  inventory  of  such  town  or  place, 
or  appoint  some  person  or  persons  in  said  town  or  place  to  prepare 
the  same  and  return  it  as  aforesaid,  who  shall  receive  therefor  a 
reasonable  compensation  from  the  treasury,  on  their  accounts  being 
allowed  by  the  General  Court. 

Section  3.  And  be  it  further  enacted,  that  the  said  selectmen 
shall  make  return  of  what  a  single  poll  was  taxed  in  the  last  state 
tax.  And  they  are  also  hereby  required  to  make  returns  of  the 
amount  of  taxes  assessed  for  the  last  and  present  year  on  any  fac- 
tory for  the  manufacture  of  cotton  or  woollen  goods,  iron,  salt, 
glass  or  paper,  with  the  valuation  of  the  same;  and  also  of  the 
average  amount  of  the  capital  stock  of  any  factory,  not  assessed 
the  last  year  or  the  present  year. 

Section  4.  And  be  it  further  enacted,  that  if  the  selectmen  of 
any  town  or  place  shall  neglect  or  refuse  to  prepare  and  transmit 
the  above-mentioned  inventories  and  returns  in  the  manner  herein 
prescribed,  they  shall  forfeit  and  pay  for  every  such  neglect  or 
refusal  a  sum  not  exceeding  fifty  dollars,  nor  less  than  twenty 
dollars,  for  the  use  of  the  town  or  place  to  which  the  said  delin- 
quent selectmen  may  belong.  And  the  Secretary  of  State,  as  soon 
as  may  be,  after  the  said  nineteenth  day  of  November  next,  shall 
give  information  to  the  Attorney  General  of  all  such  neglects  or 
refusals,  that  such  offending  selectmen  may  be  prosecuted  by  in- 
dictment, information  or  otherwise,  in  any  Court  proper  to  try  the 
same.  Provided,  that  all  prosecutions  for  penalties  incurred  by 
such  neglect  or  refusal,  shall  be  commenced  within  six  months  from 
the  said  nineteenth  day  of  November  next. 


46 


722  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  12.] 

State  of  I 

New  Hampshire,  j 

An  Act  making  appropriations  for  the  militia  of  this  State. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  55.  Session  Laws,  1828,  Chap. 
12.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court,  convened,  that  the  following  sums  be  paid  out  of 
any  money  not  otherwise  appropriated  for  the  purposes  herein 
mentioned;  for  the  annual  allowance  to  the  several  companies  of 
artillery  in  this  State,  four  hundred  and  eighty  dollars;  for  making 
regimental  returns,  eighty  dollars;  And  his  excellency  the  Governor 
is  hereby  authorised,  by  warrant  on  the  treasury,  to  draw  said  sums 
therefrom,  and  deliver  the  same  to  the  Adjutant  General;  who  is 
hereby  required  to  apply  the  same  to  the  purposes  above  specified, 
so  far  as  may  be  necessary;  and  to  render  an  account  thereof  to 
the  Legislature. 


[CHAPTER  13.] 


State  of         } 
New  Hampshire.  \ 


An  Act  relating  to  the  town  of  Derry. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  57.  Session  Laws,  1828,  Chap. 
I3-] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  one  of  Carrigain's  maps  of  the  State, 
and  the  laws  of  the  State,  be,  and  hereby  are,  granted  to  the  town 
of  Derry.  And  the  treasurer  of  the  State  is  hereby  directed  to  pro- 
cure the  same  at  the  charge  of  the  State,  and  deliver  the  same  to 
one  of  the  representatives  of  Derry. 


LAWS   OF   NEW   HAMPSHIRE  723 

[CHAPTER  14.] 

State  of  I 

New  Hampshire.  \ 

An  Act  to  incorporate  the  Exeter  Saving's  Bank. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  59.  See  resolution  of  Decem- 
ber 21,  1842,  Session  Laws,  1842,  November  session,  Chap.  24;  acts' of  July 
2,  185 1,  id.,  185 1,  Private  Acts,  Chap.  1169;  resolutions  of  June  27,  1873, 
id.,  1872-76,  p.  177,  and  July  2,  1875,  id.,  p.  469.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  John  Rogers,  Sherburn 
Blake,  John  Kimball,  Freese  Dearborn,  Theodore  Moses,  David  W. 
Gorham,  Joseph  Til  ton  Jr.,  Peter  Chadwick,  Stephen  Hanson  and 
Josiah  G.  Smith,  be,  and  they  are  hereby  incorporated  into  a  society 
by  the  name  and  style  of  the  Exeter  Savings'  Bank;  and  that  they 
and  such  others  as  shall  be  duly  elected  members  of  said  Corpora- 
tion, at  the  annual  meeting  thereof  according  to  such  by-laws  as 
may  hereafter  be  established;  shall  be  and  remain  a  body  politic 
and  corporate  by  said  name  and  style  forever,  for  the  purpose  of 
enabling  industrious  persons  of  all  descriptions  to  invest  such  part 
of  their  earnings  as  they  can  conveniently  spare  in  a  safe  and  profit- 
able manner;  and  with  all  the  powers  and  privileges,  and  subject  to 
all  the  liabilities  of  Corporations  of  this  nature. 

Section  2.  And  be  it  further  enacted,  that  the  said  Corporation 
shall  be  capable  of  receiving  from  any  person  or  persons,  disposed 
to  enjoy  the  advantages  of  said  Savings  Bank,  any  deposite  or  de- 
posites  of  money,  or  other  personal  property,  and  to  use,  manage 
and  improve  the  same  for  the  benefit  and  advantage  of  the  person  or 
persons,  by,  or  for  whom  the  same  shall  be  deposited  respectively; 
and  the  net  income  and  profit  of  all  deposites  of  money  received 
by  said  Corporation,  shall  be  paid  out  and  distributed  in  just  pro- 
portion, among  the  several  persons  by,  or  for  whom  the  said  de- 
posites shall  have  been  made:  and  all  such  deposites  may  be 
withdrawn  by  the  persons  entitled  thereto,  at  such  reasonable  times, 
and  in  such  manner  as  said  Corporation  in  its  by-laws  may  direct 
and  appoint:  or,  according  to  such  lawful  conditions  and  limitations 
as  the  depositors,  agreeably  to  the  regulations  of  said  society,  may 
respectively  have  prescribed  and  annexed  to  their  deposites. 

Section  3.  And  be  it  further  enacted,  that  the  said  Corporation 
shall  be  capable  of  receiving  and  holding  such  buildings  and  real 
estate  as  shall  be  necessary  and  convenient  for  managing  its  af- 
fairs: provided  such  real  estate  held  at  any  one  time  for  the  said 
purpose,  shall  not  have  exceeded  in  value  at  the  time  of  the  pur- 
chase or  acceptance  thereof  by  said  Corporation,  the  sum  of  six 
thousand  dollars:  And  the  said  Corporation  shall  be  further  able 
to  take,  hold,  and  dispose  of,  any  real  estate  whatsoever,  which 


724  LAWS  OF   NEW  HAMPSHIRE 

may  be,  bona  fide  mortgaged  or  pledged  for  the  security  of  its 
loans,  or  debts  due  to  it,  or  which  may  be  bona  fide,  conveyed  to, 
or  taken  by  said  Corporation  in  satisfaction  or  discharge  of  debts, 
demands  or  liabilities,  which  have  been  previously  contracted  or 
incurred:  provided  that  the  real  estate  so  holden  shall  not,  at  any 
one  time,  exceed  in  value  the  sum  of  fifteen  thousand  dollars. 

Section  4.  And  be  it  further  enacted,  that  said  Corporation 
shall  not  make  and  issue  any  bill,  or  promissory  note  to  circulate  as 
currency.  And  the  President  and  members  of  said  Corporation, 
shall  receive  no  compensation  for  their  services  in  said  Savings' 
Bank,  nor  derive  any  emolument  therefrom:  provided,  however, 
that  a  reasonable  allowance  may  from  time  to  time  be  made  to 
their  Treasurer,  or  Secretary.  And  the  books  and  accounts  of  said 
Corporation  shall  be  open  at  all  times  to  the  inspection  of  the  Gov- 
ernor of  this  State;  of  any  Justice  of  the  Superior  Court  of  Judi- 
cature; or  of  a  committee,  for  that  purpose,  appointed  by  either 
branch  of  the  Legislature. 

Section  5.  And  be  it  further  enacted,  that  the  number  of  mem- 
bers of  said  Corporation,  shall  not  exceed  forty  at  any  one  time; 
and  any  number  not  less  than  seven  shall  constitute  a  quorum  for 
the  transaction  of  business  at  the  annual  and  other  meetings  of 
the  members  of  said  Corporation:  provided  such  meetings  shall 
have  been  duly  notified  according  to  the  by  laws  of  said  Corpora- 
tion: and  provided  further,  that  said  Corporation  may,  by  its  by- 
laws require  the  attendance  of  one  or  more  of  its  officers  to  consti- 
tute a  quorum  for  the  election  of  new  members,  in  addition  to  the 
number  of  members  herein  before  prescribed,  for  constituting  a 
quorum. 

Section  6.  And  be  it  further  enacted,  that  John  Rogers,  Sher- 
burn  Blake  and  John  Kimball,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  Corporation  in  such  manner,  and  at  such  time 
and  place,  as  they  shall  judge  proper. 


[CHAPTER  15.] 

State  of  } 

New  Hampshire.  ( 

An  Act   to  alter  the   names   of   certain   persons   therein 

NAMED. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  71.  Session  Laws,  1828,  Chap. 
I5-] 

Be  it  enacted  bv  the  SQnat^  and  Hous^  of  Representatives  in 
General  Court  convened,  that  from  and  after  the  passage  of  this 
act,  the  several  persons  herein  named  shall  be  called  and  known  by 


LAWS  OF   NEW   HAMPSHIRE  725 

the  names  which,  by  this  act,  they  are  respectively  allowed  to  as- 
sume, viz:  John  Hogg  of  Deering,  may  take  the  name  of  John 
Woodbury;  and  Folensbee  Hogg  of  Deering,  may  take  the  name 
of  Folensbee  Woodbury;  that  Susannah  Hogg,  wife  of  the  said 
Folensbee  Hogg,  may  take  the  name  of  Susannah  Woodbury;  that 
Levi  Austin  Hogg  of  Deering,  may  take  the  name  of  Levi  Austin 
Woodbury;  that  Samuel  Worthen  of  Bristol,  may  take  the  name 
of  Samuel  Rush  Worthen;  that  John  L.  Graves  of  Ossipee,  may 
take  the  name  of  John  L.  Stimpson;  that  Nathaniel  Home  of 
Wolfsborough,  may  take  the  name  of  Augustine  Woodbridge  Orne; 
that  Silas  Moor  Garland  of  Windham,  may  take  the  name  of  Silas 
Moor;  that  Hannah  Garland,  wife  of  the  aforesaid  Silas  Moor  Gar- 
land, may  take  the  name  of  Hannah  Moor;  that  Jeremiah  Garland 
of  Windham  may  take  the  name  of  Jeremiah  Moor;  that  Martha 
Garland  of  Windham,  may  take  the  name  of  Martha  Moor;  that 
John  Abbot  Jr.  of  Portsmouth,  may  take  the  name  of  John  William 
Abbott;  that  William  Emerson  Rockwood  2d  of  Wilton,  may  take 
the  name  of  William  Emerson;  that  John  Lane  3d  of  Sanbornton  may 
take  the  name  of  John  S.  Lane;  that  Josiah  Philbrook  3  d  of  Sanborn- 
ton, may  take  the  name  of  Josiah  C.  Philbrook;  that  James  Squires 
Purington  of  Dover,  may  take  the  name  of  James  Purington  Squires; 
that  Olive  Batchelder  of  Exeter,  may  take  the  name  of  Olive  Blake; 
that  Eliza  A.  Leathers  of  Farmington,  may  take  the  name  of  Eliza 
A.  Rand;  that  Albert  W.  Home  of  Wolfsborough,  may  take  the 
name  of  Albert  W.  Orne.  And  the  several  persons,  herein  named, 
shall  hereafter  be  called  and  known  by  the  names,  which  by  this 
Act,  they  are  respectively  allowed  to  assume  as  aforesaid,  and  the 
same  shall  be  considered  as  their  only  proper  and  legal  names. 


[CHAPTER  16.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  incorporate  Social  Lodge  number  fifty,  in  En- 
field. 

[Approved  June  18,  1828.    Acts,  vol.  25,  p.  73.] 

Section  ist  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Richard  Currier  3d, 
Henry  Currier  and  John  C.  Clough  and  their  associates  and  all 
persons  who  may  hereafter  become  members  of  said  Lodge,  be, 
and  they  hereby  are,  incorporated  and  made  a  body  corporate  and 
politic  forever,  by  the  name  of  Social  Lodge  number  fifty  in  Enfield, 
and  the  said  body  corporate  is  hereby  empowered  to  hold   and 


T26  LAWS  OF   NEW  HAMPSHIRE 

possess  real  and  personal  estate  not  exceeding  one  thousand  dollars, 
and  is  vested  with  all  the  powers,  rights  and  privileges  incident  to 
such  corporations. 

Section  2a  And  be  it  further  enacted,  that  said  Lodge  may  at 
any  of  the  regular  communications,  by  giving  one  month's  notice, 
at  a  regular  communication,  elect  such  officers  and  establish  such 
by-laws,  rules  and  regulations,  as  may  be  deemed  necessary  for  the 
government  of  said  Lodge,  and  for  carrying  into  effect  the  objects 
of  this  act  not  inconsistent  with  the  constitution  and  laws  of  this 
State. 


[CHAPTER  17.] 

State  of  | 

New  Hampshire.  \ 

An  act  to  incorporate  La  Fayette  Lodge  number  forty  one 
in  Bedford. 

[Approved  June  18,  1828.     Acts,  vol.  25,  p.  75.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened.  That  Robert  Dunlap, 
William  M.  D.  Ferson,  John  Moor,  James  M.  H.  Wilkins  and 
Joseph  Colbey  and  their  associates,  and  all  persons  who  may  here- 
after become  members  of  said  Lodge,  be,  and  they  hereby  are  in- 
corporated and  made  a  body  corporate  and  politic  forever  by  the 
name  of  La  Fayette  Lodge  number  forty  one  in  Bedford.  And  the 
said  body  corporate  is  hereby  empowered  to  hold  and  possess  real 
and  personal  estate  not  exceeding  one  thousand  dollars,  and  is 
vested  with  all  the  powers,  rights  and  priveliges  incident  to  such 
corporations* 

Section  2.  And  be  it  further  enacted,  That  said  Lodge  may  at 
any  of  the  regular  communications  by  giving  one  months  notice  at  a 
regular  communication,  elect  such  officers,  and  establish  such  by 
laws,  rules  and  regulations,  as  may  be  deemed  necessary  for  the 
government  of  said  Lodge,  and  for  carrying  into  effect  the  objects 
of  this  Act. 


LAWS   OF   NEW  HAMPSHIRE  727 

[CHAPTER  18.] 


State  of 
New  Hampshire. 


An  Act  entitled  an  Act  to  alter  the  name  of  the  United 
Society  in  Deerfield. 

[Approved  June  18,  1828.    Acts,  vol.  25,  p.  77.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  name  of  the  United  Society  in 
Deerfield,  is  hereby  altered  and  shall  take  and  hereafter  be  known 
by  the  name  of  the  first  Baptist  Society  in  Deerfield. 


[CHAPTER  19.] 


State  of  \ 

New  Hampshire.  \ 


An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Pequawkett  Bridge  in  Conway. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  79.  Session  Laws,  1828,  Chap. 
19.  See  acts  of  July  1,  1831,  Acts,  vol.  28,  p.  109,  and  June  24,  1834,  id.,  vol. 
30,  p.  228.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Zera  Cutler,  Jonathan 
T.  Chase,  Nathaniel  Abbot  and  Mark  Bretton  and  their  associates 
and  those  that  may  hereafter  become  associates  in  the  said  Bridge 
their  successors  and  assigns,  shall  be  and  hereby  are  created  and 
made  a  corporation  and  body  politic  by  the  name  of  the  Pequaw- 
kett Bridge  in  Conway  for  and  during  the  term  of  twenty  years 
from  the  first  day  of  July  1828.  And  by  that  name  shall  be  and 
hereby  are  made  capable  in  law  to  sue  and  be  sued,  plead  and  be 
impleaded,  defend  and  be  defended  to  final  judgment  and  execution, 
and  may  have  and  use  a  common  seal,  and  the  same  may  alter  at 
pleasure. 

Section  2.  And  be  it  further  enacted,  that  the  said  Corporation 
may  erect  and  maintain  a  bridge  across  Saco  River  in  said  Con- 
way, at  any  place  within  a  half  mile  of  the  mouth  of  Little  Pequaw- 
kett river,  and  may  purchase  and  hold  lands  near  said  Bridge  suffi- 
cient for  the  building  a  toll-house;  and  such  other  buildings  as  shall 
by  the  said  Corporation  be  considered  necessary  for  the  purposes 
of  this  act.  .  Provided  such  real  estate  shall  not  exceed  in  value  the 
sum  of  two  thousand  dollars. 


728  LAWS  OF   NEW  HAMPSHIRE 

Section  3.  And  be  it  further  enacted,  that  Zera  Cutler,  Jona- 
than T.  Chase  and  Nathaniel  Abbot  or  any  two  of  them,  may  call 
the  first  meeting  of  said  Corporation,  to  be  holden  at  Conway  in  the 
county  of  Strafford  at  any  suitable  time  and  place  by  posting  up  at 
two  public  places  in  said  Conway  notifications  by  them  signed, 
thirty  days  before  such  meeting.  And  at  said  meeting  the  propri- 
etors by  a  majority  of  those  present,  may  choose  a  clerk  who  shall 
be  sworn  faithfully  to  discharge  his  duty.  And  at  the  same  or  any 
subsequent  meeting,  may  choose  such  other  officers  as  they  may 
deem  expedient,  and  may  establish  such  by-laws,  rules  and  regu- 
lations, as  shall  be  thought  necessary  for  regulating  and  governing 
said  Corporation  and  for  completing  the  purposes  of  this  act.  Pro- 
vided said  by-laws  be  not  repugnant  to  the  Constitution  and  laws 
of  this  state. 

Section  4.  And  be  it  further  enacted,  that  at  all  meetings  of  said 
Corporation,  all  questions  shall  be  determined  by  a  majority  of  the 
votes  of  the  proprietors  present  or  represented,  allowing  one  vote 
for  each  share.  And  all  representations,  at  any  meeting  of  said 
Corporation  shall  be  proved  in  writing  signed  by  the  person  to  be 
represented,  which  shall  be  filed  with  the  clerk:  and  this  act,  and 
all  by-laws,  rules,  regulations  and  proceedings  of  said  Corporation, 
shall  be  fairly  recorded  by  the  clerk  in  a  book  kept  for  that  pur- 
pose. 

Section  5.  And  be  it  further  enacted,  that  the  mode  of  convey- 
ance of  shares  or  interest  in  said  Corporation,  shall  be  by  deed  duly 
executed  and  acknowledged,  and  recorded  by  the  clerk  in  the  books 
of  said  Corporation,  and  the  fees  to  be  paid  to  the  clerk  for  this 
service,  shall  be  the  same  as  are  established  by  law  for  the  Regis- 
ters of  Deeds  in  this  state. 

Section  6.  And  be  it  further  enacted,  that  when  any  tax  or  as- 
sessment may  be  made  on  the  shares  of  the  proprietors,  for  the 
carrying  into  effect  the  purposes  of  this  act  the  share  or  shares  of 
delinquent  proprietors  may  be  sold  at  public  auction,  and  if  any 
over-plus  remain  after  paying  the  tax  or  assessment  on  such  shares 
and  charges,  it  shall  be  deposited  with  the  clerk  or  Treasurer  of 
said  Corporation  to  be  delivered  to  the  proprietor  whose  share  or 
shares  may  have  been  sold,  or  to  his  agent  duly  authorized  to  re- 
ceive the  same. 

Section  7.  And  be  it  further  enacted,  that  said  Corporation 
may  demand  and  recover  the  following  toll  of  every  person  trav- 
elling on  said  bridge,  according  to  the  rates  following,  viz:  for  each 
horse  and  rider  four  cents;  for  every  chaise,  chair,  sulky  or  other 
two  wheeled  carriage  of  pleasure  drawn  by  one  horse,  eight  cents; 
for  each  additional  horse,  three  cents;  for  every  Chariot,  phaeton 
or  other  four  wheeled  carriage  of  pleasure,  drawn  by  two  horses, 
fifteen  cents;  for  each  additional  horse,  three  cents;  for  every 
sleigh,  drawn  by  one  horse,   four  cents;    and  for  each  additional 


LAWS  OF   NEW  HAMPSHIRE  729 

horse,  two  cents;  for  each  carriage  of  burthen,  drawn  by  one  beast 
four  cents;  and  two  cents  for  each  additional  beast;  for  each  horse 
or  neat  creature,  other  than  those  rode  on  or  in  carriages,  one  cent; 
for  each  sheep  or  swine,  one  fourth  of  a  cent.  And  at  all  times 
when  the  toll-gatherer  does  not  attend  his  duty  the  gate  shall  be  left 
open.  Provided  it  shall  be  in  the  power  of  the  Legislature  from 
time  to  time  to  alter  the  foregoing  rates  of  toll  in  such  manner  as 
may  be  deemed  proper. 

Section  8.  And  be  it  further  enacted,  that  said  Corporation 
shall  be  answerable  for  all  damages  sustained  through  insufficiency 
or  want  of  repair  in  said  bridge,  and  may  be  indicted  and  fined,  as 
towns  are  by  law  for  suffering  bridges  to  be  out  of  repair.  Pro- 
vided that  if  said  Bridge  shall  not  be  completed  within  four  years 
from  and  after  passing  this  act,  every  section  and  clause  of  the 
same  shall  be  null  and  void. 


[CHAPTER  20.] 


State  of  | 

New  Hampshire.  \ 


An  Act  providing  for  the  compensation  of  the  officers  of 
the  civil  list. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  95.  Session  Laws,  1828,  Chap. 
20.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  the  Governor  have  and  receive  as  a 
salary  from  June,  1828,  to  June,  1829,  the  sum  of  twelve  hundred 
dollars;  that  the  secretary  have  and  receive  as  a  salary  for  the  same 
term,  eight  hundred  dollars  in  full  compensation  for  all  services  by 
him  rendered  in  the  capacity  of  secretary,  and  that  all  fees  allowed 
him  by  law,  be  paid  into  the  treasury,  excepting  those  received  for 
copies  and  certificates  made  by  him  for  individuals,  for  private  pur- 
poses; that  the  treasurer  have  and  receive  as  a  salary  for  the  same 
term,  six  hundred  dollars;  that  the  adjutant  and  inspector  general 
have  and  receive  as  a  salary  for  the  same  term,  four  hundred  dol- 
lars; that  the  commissary  general  have  and  receive  as  a  salary  for 
the  same  term,  forty  dollars;  that  each  member  of  the  honorable 
council  receive  two  dollars  per  day  during  the  session  of  the  Gen- 
eral Court,  and  two  dollars  and  fifty  cents  per  day,  when  the  mem- 
bers shall  be  called  together  during  the  recess  thereof,  and  ten  cents 
per  mile  for  travel  to  and  from  the  place  of  meeting;  that  the  presi- 
dent of  the  Senate  and  the  speaker  of  the  House  of  Representatives 
each  receive  two  dollars  and  fifty  cents  per  day  during  the  sitting 
of  the  General  Court,  and  ten  cents  per  mile  for  travel  to  and  from 


73°  LAWS  OF   NEW  HAMPSHIRE 

the  place  of  sitting;  that  the  members  of  the  Senate  and  of  the 
House  of  Representatives  receive  two  dollars  each  per  day  during 
the  sitting  of  the  General  Court,  and  ten  cents  per  mile  for  travel 
to  and  from  the  place  of  sitting;  that  the  clerks  and  assistant  clerks 
of  the  Senate  and  of  the  House  of  Representatives  receive  two  dollars 
and  fifty  cents  each  per  day  during  the  session,  and  be  allowed  one 
day  extra  for  making  up  the  rolls  and  filing  the  papers,  and  ten 
cents  per  mile  for  travel  to  and  from  the  place  of  sitting. 


[CHAPTER  21.] 

State  of         \ 
New  Hampshire.  \ 

An  Act  in  favor  of  Ephraim  H.  Mahurin. 

[Approved  June  18,  1828.     Acts,  vol.  25,  p.  97.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Ephraim  H.  Mahurin,  be  allowed 
the  sum  of  thirty  nine  dollars  sixty  cents,  in  full  of  his  account  for 
the  years  1826,  1827,  and  1828;  and  that  this  sum  be  paid  from  the 
Treasury,  out  of  any  money,  not  otherwise  appropriated. 

[CHAPTER  22.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  in  favor  of  Richard  Bartlett. 

[Approved  June  18,  1828.     Acts,  vol.  25,  p.  99.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Richard  Bartlett  be  allowed  the  sum 
of  five  hundred  forty  three  dollars  seventy  four  cents,  in  full  of  his 
account;  and  that  the  said  sum  be  paid  from  the  Treasury  out  of 
any  money  not  otherwise  appropriated. 


LAWS   OF   NEW  HAMPSHIRE  73l 

[CHAPTER  23.] 

State  of  I 

New  Hampshire.  \ 

An  act  authorizing  the  Treasurer  to  borrow  a  sum  of  money 
for  the  use  of  the  state. 

[Approved  June  18,  1828.  Acts,  vol.  25,  p.  101.  Session  Laws,  1828,  Chap. 
23J 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  Treasurer  be,  and  he  is  hereby 
authorized  to  borrow  on  the  credit  of  the  State,  and  for  the  use 
of  the  same,  a  sum  not  exceeding  eighteen  thousand  dollars,  at  a 
rate  of  interest  not  exceeding  the  usual  rate  of  bank  interest;  and 
so  much  of  the  state  tax  payable  into  the  Treasury  on  or  before 
the  first  day  of  December  next,  as  will  be  sufficient  to  pay  said  loan 
and  the  interest,  is  hereby  appropriated  for  that  purpose;  and  the 
said  Treasurer  is  hereby  required  to  apply  said  sum  to  that  pur- 
pose, as  soon  as  a  sufficient  amount  shall  be  paid  into  the  Treasury. 


[CHAPTER  24.] 


State  of  I 

New  Hampshire,  j 


An  act  in  favor  of  Samuel  D.  Bell  Samuel  Dinsmoor  Junior, 
and  Benjamin  B.  French. 

[Approved  June  18,  1828.     Acts,  vol.  25,  p.  103.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened,  That  Samuel  D.  Bell  be  allowed  the  sum 
of  two  hundred  and  forty  five  dollars  two  cents,  That  Samuel  Dins- 
moor  Jr.  be  allowed  the  sum  of  seventy  four  dollars  eighty  five  cents, 
That  Benjamin  B.  French  be  allowed  the  sum  of  eighty  dollars 
thirty  five  cents  in  full  of  their  respective  accounts,  and  that  the 
above  sums  be  paid  from  the  Treasury  out  of  any  money  not  other- 
wise appropriated. 


732  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  25.] 

State  of  \ 

New  Hampshire.  \ 

An  act  providing  for  the  assessment  and  collection  of  taxes 
on  Lands  and  Buildings  of  Non-Residents. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  115.  Session  Laws,  1828,  Chap. 
25.  This  act  repeals  acts  of  December  10,  1796,  Laws  of  New  Hampshire, 
vol.  6,  p.  366,  (also  vol.  7,  p.  909)  ;  December  15,  1796,  id.,  vol.  6,  p.  375; 
December  9,  1800,  id.,  p.  662;  December  30,  1803,  id.,  vol.  7,  p.  248;  Decem- 
ber 21,  1808,  id.,  p.  735;  December  23,  1808,  id.,  p.  784;  June  25,  1816,  id., 
vol.  8,  p.  496,  and  June  29,  1818,  id.,  p.  739.  Repealed  by  act  of  July  4,  1829, 
Session  Laws,  1829,  Chap.  65.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  non-resident  owners 
of  all  lands  and  buildings,  shall  hereafter  be  taxed  in  the  respective 
towns  or  places  where  such  lands  or  buildings  are  situated,  their 
equal  proportion  with  residents,  in  all  assessments  made  in  con- 
formity with  the  laws  of  this  state,  except  for  the  support  of  the 
gospel,  and  the  building  and  repairs  of  houses  of  publick  worship. 
Provided,  that  the  tax  on  the  unimproved  lands  of  non-residents 
for  the  support  of  public  highways,  shall  not  in  any  one  year  exceed 
the  sum  of  fifty  cents  on  every  hundred  dollars  of  the  appraised 
value  of  such  lands;  which  appraisement  shall  be  made  by  the 
selectmen  or  assessors,  in  the  same  way  and  manner  as  the  law 
directs  for  the  appraisement  of  unimproved  lands  of  residents. 

Section  2.  And  be  it  further  enacted,  That  the  selectmen  or 
assessors,  of  the  several  towns  and  places  in  this  state,  shall  make 
out  in  writing  under  their  hands,  and  deliver  to  their  collectors,  on 
or  before  the  first  day  of  May  in  each  year,  a  list  of  all  assessments 
made  in  compliance  with  the  requisition  of  this  act,  and  shall  insert 
in  such  list,  the  name  of  the  owner  or  owners,  if  known,  otherwise 
the  name  of  the  original  proprietor;  the  number  of  lot  and  range, 
if  lotted:  and  the  proportion  of  each  assessment,  to  each  lot  or  tract 
of  land  taxed,  shall  be  set  against  said  lot  or  tract  in  the  list  afore- 
said. And  if  any  building  of  a  non-resident  shall  be  taxed,  the 
number  of  the  lot,  or  some  other  description  of  the  land  whereon  it 
stands,  shall  be  mentioned  in  said  list.  And  if  the  name  of  the 
owner  and  of  the  original  proprietor  of  any  lands  be  unknown,  the 
quantity  of  the  land,  and  the  number  of  the  lot  and  range,  if  lot- 
ted; otherwise  such  description  of  the  land  taxed  as  it  is  generally 
known  by,  shall  be  inserted  in  said  list. 

Section  3.  And  be  it  further  enacted,  That  each  non-resident 
taxed  as  aforesaid,  in  any  town  or  place  in  this  state,  shall,  at  any 
time  previous  to  the  first  day  of  September  in  each  year,  have  lib- 
erty to  pay  any  highway  tax  assessed  upon  his  lands  or  buildings  in 


LAWS   OF   NEW  HAMPSHIRE  733 

labor,  under  the  direction  of  the  selectmen,  at  the  same  rate  per 
hour  or  day  as  inhabitants  may  at  the  time  be  allowed.  And  it  shall 
be  the  duty  of  the  selectmen  of  the  several  towns  and  places  in  this 
state,  to  see  that  all  monies  arising  by  virtue  of  this  act  for  the 
support  of  highways,  be  duly  and  seasonably  appropriated  to  that 
purpose. 

Section  4.  And  be  it  further  enacted,  That  every  collector  of 
non-resident  taxes  shall,  on  or  before  the  third  day  of  the  June 
session  of  the  legislature  next  after  the  assessment  of  said  taxes, 
deliver  to  the  Deputy  Secretary  for  the  time  being  a  copy  of  his 
list  -of  all  such  taxes  made  out  as  aforesaid,  as  shall  not  have  been 
previously  paid.  And  the  Deputy  Secretary  shall,  for  the  inspec- 
tion of  all  persons  concerned,  keep  said  list  at  the  office  of  the  Sec- 
retary of  State  until  the  twenty-fifth  day  of  June  annually.  And 
it  shall  be  the  duty  of  the  said  Deputy  Secretary,  while  said  lists 
shall  remain  in  said  office,  to  receive  of  any  non-resident  his  pro- 
portion of  said  taxes,  and  to  give  a  receipt  therefor  in  discharge  of 
the  same  to  said  non-resident,  who  shall  pay  to  said  Deputy  Sec- 
retary at  the  rate  of  twelve  per  centum  on  the  sum  paid  by  said 
non  resident,  two  thirds  of  which  he  shall  receive  in  full  satisfac- 
tion for  all  services  by  him  rendered,  for  receiving,  certifying  and 
delivering  said  lists,  and  receiving  and  paying  over  the  monies 
thereon  by  him  received.  And  the  said  Deputy  Secretary  shall  at 
any  time,  after  the  twenty-fifth  of  June  annually,  on  application 
made  to  him  by  any  collector,  or  by  his  order,  return  to  said  col- 
lector the  said  copy  of  his  list  of  taxes,  delivered  to  the  Deputy 
Secretary  as  aforesaid,  with  a  certificate  thereon  of  the  time  when 
the  same  was  received  into  said  office  and  returned  to  said  collector; 
and  also  the  monies  received  thereon  for  taxes,  together  with  one 
third  of  the  twelve  per  centum  received  as  aforesaid,  taking  said 
collector's  receipt  for  the  monies  so  received  and  the  list  so  re- 
turned. 

Provided  nevertheless,  That  it  shall  be  the  duty  of  the  several 
collectors,  at  all  times  after  said  lists  shall  have  been  delivered  to 
them  respectively  by  the  selectmen  as  aforesaid,  and  previous  to 
the  first  day  of  November  next  after  the  assessment  of  said 
taxes,  to  receive  the  taxes  of  any  non-resident  in  such  collector's 
list  named,  and  to  give  a  discharge  without  any  charge  for  fees. 

Section  5.  And  be  it  further  enacted,  That  the  taxes  on  any 
lands  or  buildings  of  non-residents,  which  shall  remain  due  and  un- 
paid after  the  first  day  of  November,  in  each  year,  shall  be  collected 
in  the  following  manner:  The  collector  of  taxes  in  any  town  or 
place  in  this  state,  who  shall  have  received  his  lists  as  in  this  act 
is  provided,  shall,  on  or  before  the  first  dav  of  December,  in  each 
year,  post  up,  in  two  or  more  of  the  most  publick  places  in  the  town 
or  places  where  such  lands  lie,  notifications  statins:  that  so  much  of 
such  delinquent  owner's  estate  will  be  sold  at  public  vendue,  as  will 


734  LAWS   OF   NEW   HAMPSHIRE 

be  sufficient  to  pay  said  taxes  with  incidental  charges,  unless  pre- 
vented by  previous  payment.  And  said  notifications  shall  contain 
the  same  description  of  the  property  taxed,  as  this  act  requires  in 
the  lists  aforesaid;  and  also  the  time  and  place  of  sale:  and  such 
vendue  shall  be  holden  within  the  town  or  place  where  such  lands 
lie,  between  the  hours  of  ten  in  the  forenoon,  and  four  in  the  after- 
noon, and  on  some  day  between  the  fifteenth  day  of  January,  and 
the  first  day  of  February  next  after  such  notification.  And  if  any  of 
said  owners  shall  neglect  to  pay  their  proportion  of  said  taxes,  with 
incidental  charges,  until  the  time  of  sale,  the  collector  shall  then 
sell  at  public  auction,  to  the  highest  bidder,  so  much  of  such  delin- 
quents estate,  as  will  pay  said  taxes  with  incidental  charges.  And  if 
necessary,  the  sale  may  be  adjourned  from  day  to  day,  not  exceeding 
three  days  in  the  whole,  by  public  proclamation,  made  within  the 
hours  aforesaid,  at  the  place  of  sale.  And  if  more  than  one  person 
shall  be  interested  in  any  lot  or  tract  of  land,  each  one  may  pay  his 
proportion  of  taxes,  according  to  his  interest  in  said  land,  and  the 
share  of  the  delinquent  only  shall  be  sold. 

Section  6.  And  be  it  further  enacted,  That  each  non-resident, 
his  heirs  or  assigns,  shall  have  the  liberty  of  redeeming  his  lands 
sold  as  aforesaid,  at  any  time  within  one  year  from  the  sale  thereof, 
by  paying  or  tendering  to  the  collector,  his  executor  or  adminis- 
trator, or  in  their  absence,  by  tendering  at  the  last  and  usual  place  of 
abode  of  said  collector,  his  executor  or  administrator,  for  the  use  of 
the  purchaser,  a  sum  of  money  equal  to  that  for  which  said  land  was 
sold,  with  interest  for  the  same,  at  the  rate  of  twelve  per  cent,  per 
annum,  until  the  time  of  payment  or  tender  as  aforesaid.  And  it 
shall  be  the  duty  of  said  collector,  to  deliver  to  the  clerk  of  the  town 
where  said  land  lies,  an  attested  copy  of  the  sale  of  lands  by  him 
made  by  virtue  of  this  act,  with  the  charges  of  sale,  within  ten  days 
thereafter,  to  be  kept  on  file;  and  in  case  of  absence  of  said  col- 
lector, his  executor  or  administrator,  on  tender  being  made  at  his 
usual  place  of  abode,  as  is  herein  before  provided,  said  non-resident 
shall  give  notice  thereof  in  writing,  before  the  time  of  redemption 
expires,  to  said  town  clerk,  who  shall,  without  delay,  record  the 
same,  and  the  said  non-resident  shall  leave  the  money  so  tendered 
with  said  town  clerk,  for  the  use  of  said  collector,  at  the  time  of 
giving  such  information.  And  it  shall  be  the  duty  of  said  collector, 
his  executor  or  administrator,  on  payment  or  tender  as  aforesaid, 
and  of  the  town  clerk,  on  the  money  being  left  with  him,  to  give 
said  non-resident  a  full  discharge  therefor,  by  receipt,  under  his 
hands;  and  if  the  money  be  received  by  the  town  clerk,  he  shall 
be  paid  therefor  by  said  non-resident,  ten  per  cent,  on  the  amount 
of  the  money  so  received. 

Section  7.  And  be  it  further  enacted — That  if  more  than  one 
person  is  interested  in  any  lot  or  tract  of  land,  which  may  be  sold 
by  virtue  of  this  act,  each  person  so  interested  may  redeem  his  part 


LAWS    OF   NEW   HAMPSHIRE  735 

thereof,  by  paying  or  tendering  his  proportion  of  the  taxes  and  cost 
for  which  said  land  may  be  sold,  in  the  same  manner  that  all  the 
owners  of  said  land  may  redeem  the  same,  by  paying  the  whole  sum 
necessary  to  be  paid  for  the  redemption  thereof;  and  the  said  pro- 
portion shall  be  made  according  to  the  number  of  acres  in  the  lot 
or  tract  sold. 

Section  8.  And  be  it  further  enacted,  That  when  the  estate  of 
any  non-residents  shall  be  sold  by  virtue  of  this  act,  and  the  money 
requisite  for  the  redemption  thereof  shall  not  have  been  paid  or  ten- 
dered within  one  year  from  the  sale  of  the  same,  the  collector  who 
shall  have  sold  said  estate,  if  living,  otherwise,  his  executor  or 
administrator,  shall  then  execute  a  good  and  sufficient  deed  of  such 
estate  to  the  purchaser  of  the  same,  if  he  shall  be  then  living, 
otherwise,  to  his  heirs ;  which  deed  shall  be  in  the  form  following  to 

wit;  Know  all  men  by  these  presents,  That  I in  the  town  of 

county  of and  the  state  of  New-Hampshire,  for  the  year do, 

by  virtue  of  the  authority  in  me  vested  by  the  laws  of  this  State, 

and  in  consideration  of to  me,  in  hand,  before  the  delivery 

hereof, paid  by, in  the  county  of in  the  State  of 

hereby  sell  and  convey  to  him  the  said his  heirs  and  assigns — ■ 

(here  describe  the  property  sold)   To  have  and  to  hold  the  said 

granted  premises,  with  the  appurtenances,  to  him  the  said his 

heirs  and  assigns  forever.    And  I,  the  said do  hereby  covenant 

with  the  said his  heirs  and  assigns,  that  in  making  sale  of  the 

same  in  my  said  capacity,  I  have  in  all  things  conformed  to  the 
directions  and  requisitions  of  the  law  in  that  behalf  provided,  and 
that,  as  collctor  as  aforesaid.  I  have  good  right,  so  far  as  that  right 
may  depend  upon  the  regularity  of  my  own  acts  and  proceedings, 
to  sell  and  convey  the  same  in  manner  aforesaid. 

In   witness   whereof   I   have   hereunto   set   my   hand   and   seal 
this day  of A.  D. 

Signed,  sealed  and  delivered,  in  presence  of  us. 

And  where  either  of  the  parties  to  such  sale  is  dead,  the  form  of  the 
deed  to  be  made  shall  be  altered  according  to  the  circumstances  of 
the  case. 

Section  9.  And  be  it  further  enacted.  That  whenever  any  lands 
or  buildings  of  non-residents  shall  be  sold  agreeably  to  the  provi- 
sions of  this  act,  it  shall  be  the  duty  of  the  collector,  within  ten  days 
after  such  sale,  to  lodge  with  the  town  clerk  one  of  the  notifications 
of  the  vendue  which  were  posted  up  in  said  town,  with  a  certificate 
accompanying  the  same,  under  oath,  that  said  notification  and  a 
similar  notification  was  posted  up  according  to  law;  which  notifi- 
cation and  certificate  shall  be  recorded  by  said  town  clerk,  and  a 
certified  copy  of  such  record  shall  be  competent  evidence  of  those 
facts,  in  anv  court  of  law.  And  each  town  clerk  shall  receive  the 
same  fees  for  recording,  copying  and  certifying,  as  aforesaid,  that 
other  recording  officers  are  by  law  entitled  to. 


7l6  LAWS  OF   NEW   HAMPSHIRE 

Section  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  every  collector  of  non-resident  taxes,  to  lodge  with  the  town 
clerk  of  said  town,  within  ten  days  after  any  land  sold  by  virtue  of 
this  act  shall  have  been  redeemed,  a  list  of  all  lands  which  shall  have 
been  so  redeemed  as  aforesaid,  to  be  recorded  by  said  town  clerk. 

Section  u.  And  be  it  further  enacted,  That  the  fees  of  the 
several  collectors  in  this  state  in  the  sale  of  non-resident  lands, 
shall  be  as  follows:  for  posting  up  notifications,  agreeably  to  the 
provisions  of  the  fifth  section  of  this  act,  for  all  the  lots  or  tracts 
in  any  one  town,  on  which  taxes  may  be  due,  one  dollar;  for  making 
the  sale  on  each  lot  or  tract  by  them  sold,  twelve  cents,  provided 
the  same  shall  in  no  case  exceed  three  dollars  for  all  the  lots  or 
tracts  sold;  for  each  deed  made  and  executed  to  purchasers,  twenty- 
five  cents.  And  if  any  collector  shall  demand  or  take  any  greater, 
or  other  fee  or  fees,  for  any  of  the  services  mentioned  in  this  act,  he 
shall  forfeit  and  pay  the  sum  of  five  dollars  to  the  person  sueing 
therefor,  to  be  recovered  by  action  of  debt  in  any  court  competent 
to  try  the  same,  and  the  party  injured  shall  be  entitled  to  an  action, 
for  the  recovery  of  any  money  by  such  collector  so  unlawfully  taken. 

Section  12.  And  be  it  further  enacted,  That  the  sheriffs  of  the 
several  counties  shall  proceed  in  the  collection  of  the  State  and 
county  taxes  of  non-residents  in  the  same  way  and  manner  as  by 
law  they  might  before  the  passage  of  this  act,  any  thing  herein  to 
the  contrary  notwithstanding. 

Section  13.  And  be  it  further  enacted,  That  an  act  entitled  "an 
act  for  taxing  the  lands  and  buildings  of  non-residents,"  passed 
Dec.  10,  1796;  also  an  act  passed  Dec.  21.  1808,  entitled  "an  act  in 
addition  to  an  act,  entitled  an  act  for  taxing  the  lands  and  buildings 
of  non-residents,  made  and  passed  Dec.  10.  1796;"  also  an  act 
passed  Dec  23.  1808,  entitled  "an  act  in  addition  to,  and  amendment 
of,  an  act,  entitled  "an  act  for  taxing  the  lands  and  buildings  of  non- 
residents," passed  Dec.  10,  1796;  also  an  act  passed  Dec.  15.  1796, 
entitled  "an  act  to  establish  the  fees  of  collectors  in  the  sale  of 
non-resident  lands  for  taxes;"  also  an  act  passed  Dec  9,  1800,  en- 
titled "an  act  allowing  a  larger  per  centum  of  interest  to  purchasers 
of  land  sold  at  public  vendue  by  collectors  of  taxes  than  is  by  law 
now  established;"  also  an  act  passed  Dec.  30,  1803,  entitled  "an  act 
in  addition  to  an  act  for  taxing  the  lands  and  buildings  of  non-resi- 
dents;" also  an  act  passed  June  25,  1816,  entitled  "an  act  to  estab- 
lish the  printing  of  all  notifications  and  advertisements  for  the  sale 
of  non-resident  lands  in  the  New  Hampshire  Patriot,  printed  at 
Concord  in  the  county  of  Rockingham;"  also  an  act  passed  June 
29,  1818,  entitled  an  act  in  amendment  of  an  act  entitled  "an  act 
for  taxing  the  lands  and  buildings  of  non-residents;"  and  all  other 
acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act, 
shall  be  and  the  same  hereby  are  repealed,  provided  nevertheless 


LAWS  OF   NEW   HAMPSHIRE  737 

that  nothing  in  this  act  contained  shall  be  so  construed  as  to  affect 
the  collection  of  any  taxes  heretofore  assessed,  or  any  suit  com- 
menced, or  to  be  commenced,  under  the  provisions  of  any  act 
hereby  repealed. 


[CHAPTER  26.] 

State  of  1 

New  Hampshire,  j 

An  Act  to  incorporate  sundry  persons  by  the  name  of  the 
Proprietors  of  the  South  Meeting-House  in  Pembroke. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  131.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Moses  Chamberlain, 
Boswell  Stevens,  James  Haseltine,  Peter  Noyes,  William  Robinson, 
Joseph  Noyes,  Joshua  B.  Gilbert,  Timothy  Gile,  Benjamin  Cush- 
ing,  Jeremiah  Morgan,  Joseph  Gale,  John  Leonard,  Leonard  Pratt, 
James  C.  Emery,  Christopher  Osgood,  Samuel  M.  C.  Emery,  Jacob 
Emery,  Jr,  Daniel  Knox,  Josiah  Kittredge,  William  Kimball, 
William  Haseltine,  Jeremiah  H.  Wilkins,  Edward  Fuller,  Thomas 
Knox,  Trueworthy  Dudley,  David  Kimball,  Daniel  Mann,  Daniel 
Moore,  Daniel  M.  Moore,  Jacob  Elliot  and  John  Thompson,  and 
their  associates,  proprietors  of  said  South  Meeting-House  in  Pem- 
broke with  such  others  as  are  or  hereafter  may  become  proprietors 
in  said  House  and  admitted  members  of  said  corporation,  be  and 
they  hereby  are  incorporated  into  a  body  politic  and  corporate  by 
the  name  of  the  Proprietors  of  the  South  Meeting-House  in  Pem- 
broke, and  by  that  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded, prosecute  and  defend  to  final  judgement  and  execution  in 
any  Court  of  record  having  competent  jurisdiction;  may  have  and 
use  a  common  seal,  which  they  may  alter  and  renew  at  pleasure; 
may  make,  ordain  and  establish,  and  put  in  execution  such  by-laws, 
ordinances,  and  regulations,  as  they  may  deem  necessary  for  the 
well-governing  said  corporation; — Provided,  such  by-laws,  and  reg- 
ulations shall  in  no  wise  be  repugnant  to  the  constitution  and  laws 
of  this  State. 

Section  2.  And  be  it  further  enacted,  That  the  said  Moses 
Chamberlain,  Benjamin  Cushing,  and  Jeremiah  H.  Wilkins,  or 
either  two  of  them,  shall  call  a  meeting  of  the  Proprietors  of  the 
South  Meeting-House  in  Pembroke,  by  posting  up  a  notification  of 
the  time  and  place  of  holding  such  meeting  at  said  Meeting-house, 
at  least  three  weeks  before  the  holding  thereof;  for  the  purpose  of 
establishing  by-laws,  and  choosing  the  necessary  officers  to  super- 
intend the  affairs  of  said  corporation. 
47 


73#  LAWS  OF   NEW  HAMPSHIRE 

Section  3.  And  be  it  further  enacted,  That  each  member  of  said 
corporation  shall  be  entitled  to  as  many  votes  as  he  may  at  the  time 
of  casting  his  vote,  own  pews  in  said  South  Meeting-House,  and  no 
more. 

Section  4.  And  be  it  further  enacted,  That  said  corporation  may 
at  any  meeting  notified  for  that  purpose,  by  a  majority  of  the  voters 
present,  raise  any  sum  or  sums  of  money  that  they  may  deem  nec- 
essary for  the  purpose  of  repairing  or  keeping  in  repair  said 
Meeting-House,  so  long  as  they  may  think  proper;  and  all  sums  of 
money  raised  for  the  purpose  aforesaid,  shall  be  assessed  on  the 
pews  according  to  their  value,  which  value  shall  be  determined  by 
a  committee  of  three  persons  to  be  chosen  for  that  purpose  by  said 
corporation;  and  in  case  any  tax  so  assessed  on  the  pew  or  pews  of 
any  member  of  said  corporation  shall  remain  unpaid  for  the  term 
of  three  months  next  after  the  assessment  thereof,  any  pew  or  pews 
upon  which  the  tax  or  taxes  so  remain  unpaid,  may  be  advertised 
by  the  treasurer  of  said  corporation  and  sold  at  public  auction  to 
the  highest  bidder,  after  posting  up  notice  thereof  at  the  door  of 
said  Meeting-House  fifteen  days  previous  to  such  sale — And  after 
paying  such  tax  or  taxes  and  costs  of  sale,  the- residue  of  the  money 
accrueing  from  the  same,  shall  be  paid  over  to  the  delinquent 
owner  of  any  pew  or  pews,  sold  as  aforesaid  on  demand. 


[CHAPTER  27.] 

State  of  \ 

New  Hampshire,  J 

An  Act  providing  blanks  and  stationary  for  the  use  of  the 
Courts  of  Probate 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  135.  Session  Laws,  1828,  Chap. 
27.     Repealed  by  act  of  January  2,  1829,  post.} 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  Register  of  Probate  in  the  sev- 
eral counties  in  this  State,  shall  provide  at  the  expense  of  said 
counties,  the  blanks  and  stationary  necessary  in  doing  the  Probate 
business,  and  the  same  shall  be  paid  to  them  out  of  the  respective 
county  Treasuries. 


LAWS  OF   NEW   HAMPSHIRE  739 

[CHAPTER  28.] 


State  of  I 

New  Hampshire.  \ 


An  Act  to  incorporate  the  Loudon  Manufacturing  Company. 

[Approved  June  19,  1828.    Acts,  vol.  25,  p.  137.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That,  Lewis  Flanders, 
Daniel  Hoit,  Cyrus  Tucker,  their  associates  and  successors,  be,  and 
they  hereby  are  incorporated  and  made  a  body  politic  forever,  by 
the  name  of  the  Loudon  Manufacturing  Company,  and  in  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judgement 
and  execution,  and  shall  be,  and  hereby  are  vested  with  all  the 
powers  and  privileges,  which  by  law  are  incident  to  corporations 
of  a  similar  nature;  and  also,  may  have  and  use  a  common  seal, 
which  they  may  break,  alter,  or  renew  at  pleasure. 

Section  2.  And  be  it  further  enacted,  that  the  said  corporation 
be,  and  the  same  is  hereby  authorized  and  empowered  to  carry  on 
the  manufacture  of  cotton,  woolen  and  other  goods,  and  such  other 
branches  of  trade  and  manufactures  as  may  necessarily  connected 
therewith,  at  Loudon  in  the  county  of  Merrimac,  and  may  erect 
such  mills,  dams,  works,  machines  and  buildings,  as  may  be  nec- 
essary for  carrying  on  the  business  aforesaid. 

Section  3.  And  be  it  further  enacted,  that  the  said  corporation 
be,  and  the  same  is  hereby  authorised  to  acquire  by  purchase  or 
otherwise,  and  to  hold  and  enjoy  such  real  or  personal  estate,  as 
may  be  necessary  or  useful  in  conducting  the  business  of  said  cor- 
poration, and  the  same  to  sell,  convey,  and  dispose  of  at  pleas- 
ure;— Provided,  the  estate  held  by  said  corporation  shall  not  at  any 
time  exceed  one  hundred  thousand  dollars.  And  the  said  capital 
or  joint  stock,  may  be  divided  into  as  many  shares  as  the  proprie- 
tors at  any  legal  meeting  shall  agree  and  decide;  and  in  like  manner, 
the  proprietors  may  agree  on  the  manner  of  transferring  them; 
and  may  elect  an  agent  or  agents  and  such  other  officers  and  ser- 
vants, as  may  be  deemed  necessary,  and  prescribe  their  respective 
duties;  may  order  assessments  and  fix  the  time  of  their  payment: 
may  limit  the  amount  which  said  assessments  shall  not  exceed, 
without  the  consent  of  all  the  proprietors;  may  pass  by-laws,  for 
their  regulation  and  government;  all  elections  and  all  other  ques- 
tions, if  required,  shall  be  determined  by  a  majority  of  votes 
present  or  represented,  accounting  and  allowing  one  vote  to  each 
share  in  all  cases,  and  all  representations  shall  be  in  writing, 
signed  by  the  person  represented,  and  filed  with  the  clerk. 

Section  4.     And  be  it  further  enacted,  that  the  shares  in  said 


74°  LAWS  OF   NEW  HAMPSHIRE 

corporation  shall  be  liable  and  holden  for  all  assessments  legally 
made  thereon,  and  upon  the  non-payment  of  such  assessments  or 
any  part  thereof,  within  the  time  fixed  for  their  payment,  the  treas- 
urer may  proceed  in  the  manner  prescribed  in  the  by-laws  of  said 
corporation,  to  advertise  and  sell  such  delinquent  shares  or  so  many 
of  them  as  may  be  necessary  to  pay  the  sums  due  thereon  with  in- 
cidental charges. 

Section  5.  And  be  it  further  enacted,  that  Lewis  Flanders, 
Daniel  Hoit,  and  Cyrus  Tucker,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  corporation,  to  be  holden  at  any  suitable  time 
and  place,  by  publishing  a  notice  thereof  in  some  Newspaper 
printed  in  Concord,  at  least  fifteen  days  before  said  meeting. 


[CHAPTER  29.] 


State  of         \ 
New  Hampshire.  \ 


An   Act  in   favor  of   Amos   A.   Brewster,   Gawen   Gilmore, 
William  Badger  and  John  S.  Brown. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  147.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  Amos  A.  Brewster  be  allowed  the  sum 
of  five  dollars;  that  Gawen  Gilmore  be  allowed  the  sum  of  four 
dollars  and  ten  cents;  that  William  Badger  be  allowed  the  sum  of 
four  dollars  thirty  two  cents;  that  John  S.  Brown  be  allowed  the 
sum  of  five  dollars,  in  full  of  their  respective  accounts,  and  that 
the  above  sums  be  paid  from  the  treasury  out  of  any  money  not 
otherwise  appropriated. 


[CHAPTER  30.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  to  enable  the  Grafton  Mining  Company  to  call  and 
hold  legal  meetings. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  149.  The  act  of  incorporation 
is  dated  June  12,  1824,  ante,  p.  264.] 

Section  ist.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Luke  Brooks,  Benjamin 
Rich  and  Benjamin  Leverett,  or  any  two  of  them,  may  call  a  meet- 
ing of  the  members  of  said  Corporation  to  be  held  at  any  suitable 


LAWS   OF   NEW   HAMPSHIRE  741 

time  and  place,  by  advertising  when  and  where  the  same  will  be 
holden,  in  at  least  One  newspaper  printed  in  Boston  in  Massachu- 
setts, and  one  newspaper  printed  in  Concord  in  this  State}  thirty 
days  at  least  prior  thereto;  which  notice  shall  contain  the  sub- 
stance of  what  is  to  be  done  at  said  meeting,  and  the  said  Corpora- 
tion at  any  meeting,  called  and  notified  as  aforesaid,  may  elect  all 
necessary  officers,  and  pass  any  votes  within  their  corporate  powers 
in  the  same  way  as  if  the  meeting  had  been  holden  in  the  manner 
prescribed  by  the  constitution  of  said  Corporation,  any  thing 
therein  to  the  contrary  notwithstanding. 


[CHAPTER  31.] 

State  of  } 

New  Hampshire.  \ 

An  Act  directing  the  mode  of  choosing  and  appointing 
electors  of  president  and  vlce  president  of  the  united 
States. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  151.  Session  Laws,  1828,  Chap. 
31.  Laws,  1830  ed.,  p.  422.  This  act  repeals  act  of  June  14,  1824,  ante,  p. 
269.  See  also  act  of  January  7,  1837,  Session  Laws,  1836,  November  session, 
Chap.  300.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes 
(1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  inhabitants  of  the 
several  towns  and  places  in  this  State  qualified  to  vote  for  Sen- 
ators in  the  State  Legislature,  shall  assemble  in  their  respective 
towns  and  places  on  the  first  Monday  of  November  next,  and  on  the 
first  Monday  in  the  month  of  November  in  every  fourth  year  there- 
after, to  vote  for  a  number  of  persons  equal  to  the  whole  number  of 
the  Senators  and  Representatives,  at  the  respective  periods  afore- 
said, from  this  State  in  the  Congress  of  the  United  States,  to  be 
electors  of  President  and  Vice  President  of  the  United  States;  and 
his  Excellency  the  Governor  for  the  time  being,  shall  seasonably 
issue  precepts  to  the  several  towns  and  places,  within  this  State, 
directing  them  to  notify  and  hold  meetings  as  aforesaid;  and  the 
selectmen  of  such  towns  and  places  shall  give  fifteen  days  notice 
of  the  time,  place  and  purpose  of  such  meetings;  and  the  moderators 
of  their  respective  meetings,  with  the  selectmen  of  their  respective 
towns  and  places,  whose  duty  it  shall  be  to  attend,  shall  receive 
from  all  the  inhabitants  of  such  towns  and  places,  respectively, 
present  and  qualified  as  aforesaid,  votes  for  Electors  of  President 
and  Vice  President,  each  voter  giving  in  on  one  ballot  the  names 
of  all  the  persons  he  votes  for,  and  shall  in  open  town  meeting,  in 
their  respective  towns,  sort  and  count  the  same;  and  the  clerk  of 


742  LAWS  OF   NEW  HAMPSHIRE 

each  town  and  place,  shall  make  a  fair  record,  in  the  presence  of 
the  selectmen,  of  the  name  of  every  person  voted  for,  and  the  num- 
ber of  votes  for  each  person,  and  shall  make  out  a  full  and  fair  copy 
of  such  record,  and  attest  the  same,  which  copy  so  made  out  and 
attested  he  shall  seal  up,  direct  to  the  Secretary  of  the  State  with 
a  superscription  expressing  the  purport  thereof  and  transmit  to  the 
sheriff  of  the  county  in  which  he  resides,  within  seven  days  next 
after  said  meeting,  or  to  the  said  Secretary's  office,  on  or  before 
the  last  Wednsday  but  one  in  said  months  of  November,  respec- 
tively. And  the  several  sheriffs  in  this  State,  shall,  on  or  before 
the  said  Wednesday,  transmit  to  the  Secretary's  office  all  certificates 
of  votes,  that  shall  be'  transmitted  to  them  respectively  as  afore- 
said. And  the  respective  clerks  and  sheriffs  shall  be  liable  to  the 
same  penalties  for  the  neglect  of  the  duties  enjoined  on  them  re- 
spectively by  this  act,  as  they  are  liable  to  by  law  for  omission  in 
transmitting  votes  for  Governor  and  Senators. 

Section  2.  And  be  it  further  enacted,  That  the  Secretary  of 
the  State,  shall,  on  the  day  following  the  last  Wednsday  but  one 
in  the  months  of  November  aforesaid,  respectively,  lay  the  votes, 
certified  and  transmitted  to  him  as  aforesaid,  before  the  Senate  and 
House  of  Representatives  in  convention,  to  be  by  them  examined 
and  counted.  And  if  any  one  or  more  persons  shall  appear  to  have 
a  majority  of  votes,  he  or  they  shall  be  declared  electors  provided 
that  not  more  than  the  requisite  number  shall  have  such  majority, 
and  in  case  more  than  the  requisite  number  shall  have  such 
majority,  then  the  requisite  number  of  persons,  having  the  highest 
number  of  votes,  shall  be  declared  electors.  But  in  case  the  state 
of  the  votes  will  not  admit  of  the  designation  of  the  requisite  num- 
ber of  persons,  having  a  majority  of  votes,  by  the  highest  number 
of  votes;  and  in  case  no  person  have  a  majority  of  votes;  and  also 
in  case  the  requisite  number  of  persons  have  not  a  majority  of  votes, 
then,  and  in  all  such  cases,  the  Senate  and  House  of  Representatives, 
in  convention,  shall  forthwith  elect  by  ballot  so  many  persons,  one  at 
a  time,  as  shall  be  necessary  to  complete  the  requisite  number. 

Section  3.  And  be  it  further  enacted,  That  his  Excellency  the 
Governor  for  the  time  being,  shall  cause  the  several  persons  who 
may  be  chosen  Electors,  to  be  seasonably  notified  of  their  appoint- 
ment, and  request  their  attendance  at  the  State  House  in  Concord, 
on  the  Tuesday  next  preceding  the  first  Wednsday  of  December 
next,  and  on  the  Tuesday  next  preceding  the  first  Wednsday  of 
December  in  every  fourth  year  thereafter,  at  ten  of  the  clock  in 
the  forenoon. 

Section  4.  And  be  it  further  enacted,  That  the  Electors  chosen 
as  aforesaid,  shall  meet  at  the  State  House  in  Concord,  on  said 
Tuesday,  and  by  twelve  o'clock,  at  midday  of  said  day,  give  notice 
to  the  Legislature,  of  the  number  of  electors  present,  who  accept 
the  said  appointment.    And  if  from  such  notice,  it  shall  appear  that 


LAWS   OF   NEW   HAMPSHIRE  743- 

the  requisite  number  of  electors  is  not  then  present,  or  do  not  ac- 
cept said  appointment,  the  Senate  and  House  of  Representatives 
shall  immediately  meet  in  convention,  and  by  joint  ballot  elect  the 
number  wanting  to  complete  the  board.  And  if  any  person  or  per-, 
sons  chosen  on  said  Tuesday,  shall  not  then  attend  and  accept  said 
trust,  the  convention  shall  immediately  choose  one  or  more  persons 
to  supply  such  vacancy. 

Section  5.  And  be  it  further  enacted,  That  the  electors  chosen 
and  appointed  as  aforesaid,  shall  give  their  votes  for  President  and 
Vice  President  of  the  United  States,  at  Concord,  on  the  first 
Wednsday  in  the  respective  months  of  December  aforesaid,  and 
shall  proceed  to  perform  all  the  duties  incumbent  on  them  as 
electors,  in  manner  prescribed  by  law. 

Section  6.  And  be  it  further  enacted,  That  an  act  entitled  "an 
act  directing  the  mode  of  choosing  and  appointing  electors  of  Presi- 
dent and  Vice  President  of  the  United  States,"  passed  June  14, 
1824,  be  and  the  same  hereby  is  repealed. 


[CHAPTER  32.] 

State  oj  ) 

New  Hampshire.  \ 

An  Act  to  incorporate  Aurora  Lodge  number  forty  three  in 
Henniker. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  163.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Joshua  Darling,  Page 
Eaton  and  their  associates  and  all  persons  who  may  hereafter  be- 
come members  of  said  Lodge,  be,  and  they  are  hereby  incorporated 
and  made,  a  body  corporate  and  politic  forever,  by  the  name  of 
Aurora  Lodge,  number  forty  three,  in  Henniker.  And  the  said 
body  corporate  is  hereby  empowered  to  hold  and  possess,  real  and 
personal  estate  not  exceeding  one  thousand  dollars,  and  is  vested 
with  all  the  powers,  rights  and  privileges  incident  to  such  corpo- 
rations. 

Section  2.  And  be  it  further  enacted,  That  said  Lodge  may  at 
any  of  their  regular  communications  by  giving  one  months  notice 
at  a  regular  communication,  elect  such  officers,  and  establish  such 
bylaws,  rules  and  regulations,  as  may  be  deemed  necessary  for  the 
government  of  said  Lodge,  and  for  carrying  into  effect  the  objects 
of  this  act. 


744  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  33.] 

State  oj  I 

New  Hampshire.  \ 

An  Act  to  change  the  name  of  the  Proprietors  of  the  Mere- 
dith Cotton  and  Woolen  Factory  Company. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  165.  The  act  of  incorporation 
is  dated  June  21,  181 1,  Laws  of  New  Hampshire,  vol.  8,  p.  50.  See  also 
act  of  June  23,  1832,  Acts,  vol.  29,  p.  121.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court,  convened,  That  the  name  of  "the  Proprietors  of  the 
Meredith  Cotton  and  Woolen  Factory  Company"  incorporated  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eleven,  for 
the  manufacture  of  Cotton  and  Wool,  in  the  town  of  Meredith,  be 
changed;  and  that  said  Company  be  hereafter  called  the  "Avery 
Factory  Company. 


[CHAPTER  34.] 


State  of         I 
New  Hampshire.  J 


An  Act  for  the  preservation  of  Toll  Bridges. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  167.  Session  Laws,  1828,  Chap. 
34.  Laws,  1830  ed.,  p.  184.  Repealed  by  act  of  December  22,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That,  the  proprietors  of  any 
incorporated  toll  Bridge  within  this  State,  be,  and  they  are  hereby 
authorised  and  empowered  to  make  and  adopt  such  by-laws  as  they 
may  deem  necessary  to  prevent  any  person  or  persons  from  driving 
any  horses  drawing  any  stage-coach  or  other  four-wheeled  carriage 
of  burthen  over  such  Bridge  at  a  rate  faster  than  a  walk,  under  a 
penalty  not  exceeding  two  dollars  for  the  violation  thereof;  to  be 
recovered  by  action  of  debt  before  any  Court  having  jurisdiction 
thereof,  for  the  use  of  the  corporation: — Provided  however,  that  no 
person  shall  be  liable  to  such  penalty,  unless  the  proprietors  of  such 
Bridge  shall  cause  to  be  posted  up,  and  kept  at  each  end  of  such 
Bridge  at  some  conspicuous  place,  a  board  painted  with  a  white 
ground,  containing  in  black  letters,  the  substance  of  said  by-laws — 

Section  2.  Be  it  further  enacted,  That  this  law  shall  go  into 
operation  on  the  first  day  of  September  next. 


LAWS  OF   NEW   HAMPSHIRE  745 

[CHAPTER  35.] 


State  of  } 

New  Hampshire.  \ 


An  Act,  in  addition  to  an  act,  entitled  an  act,  for  the  devis- 
ing of  Real  Estate,  the  attestation,  filing  and  recording 
of  Wills  in  certain  cases,  and  the  distribution  of  testate 
estates,  passed  july  2d,  1 82 2. 

[Approved  June  19,  1828.  Acts,  vol.  25,  p.  169.  Session  Laws,  1828,  Chap. 
35.  Laws,  1830  ed.,  p.  358.  See  act  referred  to,  ante,  p.  98.  Repealed  by 
act  of  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  when  any  Will  shall  be  proved  in 
common  form  without  notice,  any  person  interested,  who  at  the 
time  of  such  Probate,  was  a  minor,  non  compos,  feme  covert,  or 
out  of  the  United  States,  or  the  legal  representative  of  such  person 
shall  be  entitled  to  have  the  Probate  thereof  reexamined  in  the 
manner  prescribed  in  and  by  the  said  Act  to  which  this  is  an  addi- 
tion, by  a  petition  for  that  purpose  preferred  at  any  time  not  ex- 
ceeding two  years  next  after  the  removal  of  such  disability,  any 
thing  in  the  said  Act  to  the  contrary  notwithstanding. 

Provided,  that  no  Will  shall  be  proved  in  solemn  form  under  the 
provisions  of  this  Act,  or  of  that,  to  which  this  is  an  addition, 
where  the  Executor  shall  be  the  testamentary  Guardian  of  any  of 
the  Legatees,  Devisees  or  Heirs  at  Law  of  the  Testator,  who  may  at 
the  time  of  such  probate  be  minors,  until  the  Judge  of  Probate  shall 
have  appointed  Guardians,  in  due  form  of  law,  of  all  such  minors; 
and  such  Guardians  shall  have  been  duly  notified  of  the  time  and 
place  of  such  Probate. 


[CHAPTER  36.] 

State  of  ) 

New  Hampshire.  \ 

An  act  in  favour  of  David  Georgf.  Jewett  Bishop,  Aaron 
Carter  and  Edward  Philbrick — 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  179.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened.  That  David  George  be  allowed  the  sum 
of  Twenty  dollars — That  Jewett  Bishop  be  allowed  the  sum  of 
Thirty  two  dollars — That  Aaron  Carter  be  allowed  the  sum  of 
Thirty  two  dollars,  That  Edward  Philbreck  be  allowed  the  sum  of 


74^  LAWS   OF   NEW  HAMPSHIRE 

Thirty  two  dollars  in  full  of  their  respective  accounts,  and  that  the 
said  sums  be  paid  from  the  treasury  out  of  any  money  not  otherwise 
appropriated. 


[CHAPTER  37.] 

Stale  of  I 

New  Hampshire.  J 

An  act  in  favour  of  Timothy  Darling. 

[Approved  June  19,  1828.    Acts,  vol.  25,  p.  181.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Timothy  Darling  be  allowed  the  sum 
of  twenty  five  dollars,  in  full  of  his  account,  as  engrossing  clerk,  and 
that  this  sum  be  paid  from  the  Treasury  out  of  any  money  not 
otherwise  appropriated. 


[CHAPTER  38.] 


State  oj  \ 

New  Hampshire.  \ 


An  Act  in  favour  of  Jacob  B.  Moore,  Henry  E.  Moore  and 
Isaac  Hill. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  183.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  sum  of  fifty  one  dollars  and 
twenty  six  cents  be  allowed  Jacob  B.  Moore  in  full  of  his  account — 
The  sum  of  one  hundred  and  seven  dollars  and  sixty  two  cents  be 
allowed  Henry  E.  Moore  in  full  of  his  account — And  that  the  sum 
of  three  dollars  and  thirty  three  cents  be  allowed  Isaac  Hill  in  full 
of  his  account — and  that  said  sums  be  paid  from  the  Treasury,  out 
of  any  money  not  otherwise  appropriated. 


LAWS  OF   NEW   HAMPSHIRE  747- 

[CHAPTER  39.] 


State  of  I 

New  Hampshire.  \ 


An  Act  in  favor  of  Joseph  Cofran. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  185.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  Joseph  Cofran  be  allowed  the  sum  of 
two  hundred  forty  nine  dollars  twenty  six  cents  in  full  of  his  ac- 
count, and  that  this  sum  be  paid  from  the  Treasury  out  of  any 
money  not  otherwise  appropriated. 


[CHAPTER  40.] 


State  of  \ 

New  Hampshire.  J 


An  Act  to  incorporate  the  Trustees  of  the  Lee  Academy. 

[Approved  June  19,  1828.     Acts,  vol.  25,  p.  187.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Edward  B.  Nealy, 
Josiah  Bartlett,  Simon  Otis  Joseph  Durrell,  John  Glass,  Sias  Noble, 
Charles  Rundlet  and  Jonathan  Bartlett  and  their  associates  and 
successors  be,  and  hereby  are,  incorporated  and  made  a  body  politic 
and  corporate  forever  by  the  name  of  the  Trustees  of  the  Lee  Acad- 
emy, with  all  the  powers,  privileges  and  immunities  incident  to 
similar  corporations. 

Section  2.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said shall  have  power  to  elect  and  admit  other  persons  to  be  mem- 
bers of  said  Corporation,  provided  the  whole  number  of  said  Trus- 
tees shall  not  at  any  time  be  more  than  nine,  five  of  whom  shall  be 
necessary  for  a  quorum.  And  said  Trustees  shall  also  have  power 
to  expel  from  their  board  any  member  thereof,  who  by  reason  of 
age,  infirmity  or  otherwise  shall  become  unfit  for  such  office;  pro- 
vided that  the  consent  of  a  majority  of  the  whole  number  of  said 
Trustees  shall  be  necessary  to  such  election  or  expulsion. 

Section  3.  And  be  it  further  enacted,  That  said  Corporation 
shall  have  power  to  acquire  by  purchase  or  otherwise,  and  hold  free 
from  taxation,  real  and  personal  estate,  the  annual  income  whereof 
shall  not  exceed  the  sum  of  two  thousand  dollars;  provided  that 
nothing,  herein  contained,  shall  be  so  construed  as  to  exempt  any 
such  property  from  taxation,  in  case  said  Trustees  shall  lease  the 
same,  reserving  nominal  rent  only, 


748  LAWS  OF   NEW   HAMPSHIRE 

Section  4.  And  be  it  further  enacted  That  Edward  B.  Nealy, 
Josiah  Bartlett  and  Simon  Otis  or  any  two  of  them,  are  hereby  em- 
powered to  call  the  first  meeting  of  said  Corporation  by  giving  to 
each  of  said  Trustees,  or  leaving  at  their  respective  places  of  abode 
a  notice  in  writing,  expressing  the  time,  place  and  object  of  such 
meeting  at  least  ten  days  before  the  day  of  holding  the  same. 


[Orders,  Resolves  and  Votes  of  a  Legislative  Nature  Passed  During 
This  Session.] 

1828,  June  18. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  that  the  treasurer  of  this  State  be  authorized  to  convey  to 
Abel  Crawford  of  Hart's  Location  in  the  county  of  Coos  in  this 
State  all  of  the  right  and  title  which  this  State  have  unto  a  tract 
of  land  situated  in  said  county  and  lying  between  Nash  and  Sawyer's 
location  on  the  north  and  Hart's  location  on  the  south  and  bounded  as 
follows:  beginning  at  the  southeast  corner  of  said  Nash  and  Sawyer's 
location,  thence  southerly  two  hundred  rods  to  the  southwest  corner  of 
said  Nash  and  Sawyer's  location,  thence  southerly  to  the  north  west  corner 
of  said  Hart's  Location;  thence  easterly  to  the  southeast  corner  of  said 
Hart's  location,  thence  northerly  to  the  first  bound,  containing  one  hun- 
dred and  fifty  acres.  Provided  the  said  Abel  Crawford  shall  prior  to  his 
receiving  said  deed,  pay  into  the  treasury  of  this  State  the  sum  of  seventy 
five  dollars  in  consideration  for  said  land. 

[Acts,  vol.  25,  p.  219.] 


1828,  June  18. 

Resolved,  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  Jacob  B.  Moore,  Esq'r,  of  Concord,  be  authorised  to 
contract  with  some  suitable  person,  to  fit  up  the  large  room  under  the 
Senate  Chamber  for  the  reception  of  the  State  Library,  and  to  remove 
the  same  to  said  room;  and  when  the  same  is  completed  to  the  satisfac- 
tion of  the  said  Jacob  B.  Moore,  who  is  hereby  appointed  agent  to  super- 
intend said  work,  the  Governor  is  authorised  to  draw  such  sum  from  the 
Treasury  as  may  be  necessary  to  defray  said  expences. 

[Acts,  vol.  25,  p.  225.] 


1828,  June  18. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Treasurer  of  this  State  be,  and  hereby  is,  authorised 
to  convey  to  William  Triggs,  Jr,  of  Wolfeborough  in  the  County  of  Straf- 
ford, all  of  the  right  and  title  which  the  State  of  New-Hampshire  have  unto 
a  tract  of  land  situated  in  said  Wolfeborough  containing  forty  seven  acres 


LAWS  OF   NEW  HAMPSHIRE  749 

and  is  part  of  lot  numbered  five  which  tract  of  land  was  conveyed  to  the 
State  of  New-Hampshire  by  Joseph  Lary  of  Peabody's  grant,  so  called,  in 
the  county  of  York,  and  commonwealth  of  Massachusetts,  by  his  Deed 
dated  the  twenty  second  day  of  May,  1793,  and  recorded  in  Strafford 
record  April  28th,  1794. 

Provided,  the  said  William  Triggs  shall  at  his  own  expence  cause  said 
tract  of  land  to  be  appraised  by  the  Selectmen  of  said  town  of  Wolfe- 
borough  for  the  present  year,  which  appraisal  certified  by  said  Selectmen 
as  the  full  amount  of  the  value  of  said  land,  and  said  sum  paid  into  the 
Treasury  of  this  State  shall  be  the  consideration  of  said  Deed. 

[Acts,  vol.  25,  p.  227.] 


1828,  June  19. 

Resolved,  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened, 

That  the  Hon.  Wm  M.  Richardson  and  John  Porter  and  Sam1  D.  Bell 
Esqrs,  be,  and  they  hereby  are  authorised  and  requested  to  examine,  revise, 
amend,  arrange  and  prepare  for  publication,  all  the  existing  public  Acts 
and  Resolves  of  this  State  and  report  the  same  to  the  Legislature  by  the 
first  Tuesday  of  the  next  session  thereof,  or  as  soon  thereafter  as  may  be 
be,  in  the  form  best  adapted  in  their  judgment,  to  the  publication  of  a  new 
Edition  of  said  Acts  and  Resolves. 
[Acts,  vol.  25,  p.  247.] 


750  LAWS  OF   NEW  HAMPSHIRE 

[Second  session  held  at  Concord  November  19,  20,  21,  22,24,  25,  26, 
27,  28,  29,  December  1,  2,  3,  4,  5,  6,  8,  9,  10,  11, 12,  13,  15,  16,17, 
18,  19,  20,  22,  23,  24,  25,  26,  27,  29,  30,  31,  1828,  January  1,  2,  3, 
1829.] 


[CHAPTER  41.] 


State  of  I 

New  Hampshire.  \ 


An  act  providing  compensation  for  the  Electoral  board. 

[Approved  December  5,  1828.  Acts,  vol.  26,  p.  1.  See  act  of  December  6, 
1832,  id.,  vol.  29,  p.  174.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  Convened,  That  the  following  persons  be  allowed  the 
sum  set  against  their  respective  names,  in  full  for  their  services  as 
Electors  of  President  and  Vice  President  of  the  United  States,  viz: 

George  Sullivan  eighteen  dollars 

Samuel  Quarles  twenty  one  dollars 

Samuel  Sparhawk  ten  dollars 

William  Bixby  ten  dollars 

Nahum  Parker  ten  dollars 

Thomas  Woolson  ten  dollars 

Ezra  Bartlett  twenty  four  dollars 

William  Lovejoy  thirty  six  dollars 

And  that  Richard  Bartlett,  Secretary  to  said  Board  be  allowed 
five  dollars,  and  Edward  Philbrick  Door  Keeper  be  allowed  three 
dollars,  and  that  said  sums  be  paid  out  of  the  Treasury. 


[CHAPTER  42.] 


State  of  \ 

New  Hampshire.  { 


An  Act  relating  to  the  settlement  of  Paupers. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  3.  Session  Laws,  1828, 
Chap.  42.  Laws,  1830  ed.,  p.  300.  This  act  repeals  acts  of  January 
1,  1796,  Laws  of  New  Hampshire,  vol.  6,  p.  299,  and  December  25,  1816,  id., 
vol.  8,  p.  581.  See  also  act  of  July  3,  1841,  Session  Laws,  1841,  Chap.  605. 
Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  legal  settlements  in  any 
town  in  this  State  shall  be  gained  so  as  to  oblige  such  town  to  sup- 


LAWS   OF   NEW  HAMPSHIRE  751 

port  the  persons  gaining  the  same,  if  they  become  poor  and  unable 
to  support  themselves,  by  the  ways  and  means  following,  and  not 
otherwise. 

I.  A  married  woman  shall  have  the  settlement  of  her  husband, 
if  any  he  have  within  this  State,  but  if  otherwise,  her  own,  if  any 
she  had  at  the  time  of  marriage,  shall  not  be  lost  or  suspended  by 
such  marriage,  unless  she  shall  have  gained  a  legal  settlement  else- 
where: and  in  case  no  such  settlement  shall  be  by  her  gained  after 
marriage  and  she  shall  become  poor  and  be  supported  at  the  cost 
and  charge  of  the  town  of  her  settlement  at  the  time  of  such  mar- 
riage, the  husband  being  poor  and  needing  relief,  he  shall  be  sup- 
ported in  the  same  town  but  at  the  charge  of  the  County. 

2  Legitimate  children  shall  have  the  settlement  of  their  father, 
if  he  shall  have  any  within  this  State  until  they  gain  a  settlement 
of  their  own;  but  if  he  shall  have  none,  they  shall  have  the  settle- 
ment of  their  mother  if  she  shall  have  any. 

3.  Illegitimate  children  shall  have  the  settlement  of  their  mother 
at  the  time  of  their  birth,  if  she  shall  have  any  within  this  State;  but 
neither  legitimate  nor  illegitimate  children  shall  gain  a  settlement  by 
birth  in  any  place  where  they  may  be  born  if  neither  of  their  parents 
shall  then  have  a  settlement  there. 

4.  Any  person  of  the  age  of  twenty  one  years,  having  real  estate 
of  the  value  of  one  hundred  and  fifty  dollars  or  personal  estate  of 
the  value  of  two  hundred  and  fifty  dollars  in  the  town  where  he 
dwells  and  has  his  home  and  for  the  term  of  four  years  in  succession, 
paying  all  taxes  duly  assessed  on  his  poll  and  estate  aforesaid,  shall 
thereby  gain  a  settlement  in  such  town. 

5.  Any  person  who  shall  be  admitted  an  Inhabitant  by  any 
town  at  a  legal  meeting,  in  the  warrant  for  which  an  article  shall 
be  inserted  for  the  purpose,  or  shall  be  chosen  and  actually  serve 
one  year  in  the  office  of  Clerk,  Treasurer,  Selectman  or  overseer  of 
the  poor,  being  thereto  duly  elected  in  any  town  in  this  State,  shall 
thereby  gain  a  settlement  in  such  town. 

6.  All  persons  dwelling  and  having  their  homes  in  any  unin- 
corporated place  at  the  time  when  the  same  shall  be  incorporated 
into  a  town  shall  thereby  gain  a  settlement  therein. 

7.  Upon  division  of  towns,  every  person  having  a  settlement  in 
them,  but  being  removed  therefrom  at  the  time  of  such  division, 
and  not  having  gained  a  settlement  elsewhere,  shall  have  his  settle- 
ment in  that  town  wherein  his  former  home  or  dwelling  place  shall 
be  upon  such  division.  And  when  any  new  town  shall  be  incorpo- 
rated composed  of  one  or  more  old  towns,  all  persons  settled  in  either 
of  the  towns  of  which  such  new  town  is  composed,  and  who  shall  ac- 
tually dwell  and  have  their  homes  within  the  limits  of  such  new  town 
at  the  time  of  its  incorporation,  shall  thereby  gain  a  settlement  in 
such  new  town. 


752  LAWS  OF   NEW  HAMPSHIRE 

Provided  nevertheless  that  no  person  residing  in  that  part  of  any 
town  which  upon  such  division  shall  be  incorporated  into  a  new 
town,  having  then  no  settlement  therein,  shall  gain  any  by  force  of 
such  incorporation;  nor  shall  such  incorporation  prevent  his  gain- 
ing a  settlement  therein  within  the  time  and  by  the  means  by  which 
he  would  have  gained  a  settlement  there  if  no  such  division  had 
been  made. 

8.  Any  person  of  the  age  of  twenty  one  years  who  shall  here- 
after reside  in  any  town  in  this  State,  and  being  taxed  for  his  poll 
for  the  term  of  seven  years  in  succession,  shall  pay  all  taxes  legally 
assessed  on  his  poll  and  estate  during  the  said  term  shall  be  an  in- 
habitant in  such  town.  And  every  legal  settlement  heretofore 
gained,  or  which  shall  be  gained  by  force  of  this  act  shall  continue 
until  lost  by  gaining  a  new  one,  and  upon  gaining  a  new  one  all 
former  settlements  shall  be  lost. 

Section  2.  And  be  it  further  enacted,  That  the  act,  entitled,  an 
act  to  ascertain  the  ways  and  means  by  which  persons  may  gain  a 
settlement  in  any  town  or  district  within  this  state  so  as  to  entitle 
them  to  support  therein  if  they  shall  be  poor  and  unable  to  support 
themselves  passed  on  the  first  day  of  January  1796;  and  an  act  in 
addition  to  the  last  mentioned  act  passed  on  the  twenty  fifth  day 
of  December  181 6  be  and  the  same  are  hereby  repealed. 


[CHAPTER  43.] 

State  of         ) 
New  Hampshire.  [ 

An  act  for  the  preservation  of  pickerel  in  Martin  Meadow 
Pond  in  the  town  of  Lancaster. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  9.  Session  Laws,  1828, 
Chap.  43.     Laws,  1830  ed.,  p.  260.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  if  any  person  shall  take, 
kill  or  carry  away  from  Martin  Meadow  Pond  in  Lancaster,  any 
pickerel,  such  person  shall  forfeit  and  pay  to  the  person  suing 
therefor  the  sum  of  three  dollars  for  each  pickerel  so  taken,  killed 
or  carried  away,  to  be  recovered  in  an  action  of  debt  before  any 
Court  of  competent  jurisdiction,  one  moiety  thereof  to  the  use  of 
the  person  suing  therefor,  the  other  moiety  to  the  use  of  the  County 
of  Coos. 

Section  2.  And  be  it  further  enacted,  That  this  act  shall  con- 
tinue in  force  for  the  term  of  four  years  and  no  longer. 


LAWS  OF   NEW  HAMPSHIRE  753 

[CHAPTER  44.] 


State  oj 
New  Hampshire. 


An  Act  in  favor  of  Samuel  D.  Bell. 

[Approved  December  16,  1828.     Acts,  vol.  26,  p.  10.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Samuel  D.  Bell  be  allowed  the  sum 
of  thirteen  dollars  ten  cents  in  full  of  his  travel  and  three  days  at- 
tendance, at  the  present  session  of  the  General  Court,  as  Clerk  of 
the  House  of  Representatives,  and  that  said  sum  be  paid  out  of  the 
Treasury. 

[CHAPTER  45.] 

State  oj  \ 

New  H amps Jdre.  \ 

An  act  for  the  punishment  of  idle  and  disorderly  persons, 
and  for  the  support  and  maintenance  of  the  poor. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  11.  Session  Laws,  1828, 
Chap.  45.  Laws,  1830  ed.,  p.  302.  This  act  repeals  acts  of  February  15, 
1791,  Laws  of  New  Hampshire,  vol.  5,  p.  691;  June  18,  1807,  id.,  vol.  7,  p. 
603;  June  27,  1809,  id.,  p.  836;  June  27,  1817,  id.,  vol.  8,  p.  650,  and  July  2, 
1825,  ante,  p.  468.  See  also  acts  of  December  24,  1805,  Laws  of  New  Hamp- 
shire, vol.  7,  p.  447;  June  21,  1810,  id.,  p.  891;  June  14,  1820,  id.,  vol.  8,  p. 
884;  July  1,  1831,  Session  Laws,  1831,  Chap.  31;  July  2,  1833,  id.,  1833,  Chap. 
128;  July  1,  1834,  id.,  1834,  Chap.  179,  and  January  13,  1837,  id.,  1837, 
November  session,  Chap.  274.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  inhabitants  of  the 
several  towns  in  this  State  be  authorized  and  empowered  to  pur- 
chase and  hold  any  lands  and  to  purchase  or  erect  and  hold  any 
houses  and  other  buildings  which  may  be  necessary  for  the  accommo- 
dation, support  and  employment  of  their  poor  and  for  a  house  of  cor- 
rection ;  and  at  any  legal  meeting  may  raise  all  such  sums  of  money 
as  they  may  judge  necessary  for  the  purposes  aforesaid,  and  for  the 
managing  and  keeping  in  repair  such  lands  and  buildings.  And 
the  said  inhabitants  at  any  legal  meeting  may  appoint  all  proper 
officers  for  the  managing  of  said  estate  and  for  the  government  of 
all  persons  who  may  be  sent  there  either  for  support  or  for  correc- 
tion, and  may  make  and  establish  all  necessary  rules  and  regula- 
tions, not  repugnant  to  the  laws  of  this  State,  for  ruling,  governing 
and  purnishing  such  persons.    And  such  rules-  and  regulations,  by 

48 


754  LAWS  OF   NEW   HAMPSHIRE 

them  so  made,  shall  be  put  in  execution.  Provided,  that  in  no  case 
the  punishment  to  be  inflicted  by  such  rules  and  regulations  shall 
exceed  hard  labor,  and  such  reasonable  correction  as  a  parent  may 
lawfully  inflict  upon  a  refractory  child,  or  solitary  confinement  not 
exceeding  the  space  of  forty  eight  hours  at  one  time. 

Section  2.  And  be  it  further  enacted,  That  the  Court  of  Com- 
mon Pleas  be  authorized  and  empowered,  if  they  see  fit,  to  provide, 
at  the  expence  of  any  County  in  this  State,  all  such  lands  and  build- 
ings as  may  be  necessary  for  the  accommodation,  support  and  em- 
ployment of  the  poor,  who  may  be  chargeable  to  such  County,  and 
for  a  house  of  correction.  And  the  said  Court  may  appoint  all 
proper  officers  for  the  management  of  such  lands  and  buildings  and 
for  the  government  of  all  persons  who  may  be  sent  there  either  for 
support  or  for  correction.  And  the  said  Court  may  make  and  estab- 
lish all  necessary  rules  and  regulations  not  repugnant  to  the  laws 
of  this  State  for  the  ruling,  governing  and  punishing  of  such  per- 
sons. Provided  that  in  no  case  the  punishment  to  be  inflicted  by 
such  rules  and  regulations  shall  exceed  the  punishment  to  be  in- 
flicted under  the  rules  and  regulations  established  by  towns  as  afore- 
said. 

Section  3.  And  be  it  further  enacted,  That  all  rogues,  vaga- 
bonds, lewd,  idle  and  disorderly  persons,  persons  going  about  beg- 
ging, persons  using  any  subtle  craft,  juggling  or  unlawful  games 
or  plays,  persons  pretending  to  have  knowledge  in  physiognomy  or 
palmistry,  persons  pretending  that  they  can  tell  destinies  or  for- 
tunes or  discover  by  any  spells  or  magic  art  where  lost  or  stolen 
goods  may  be  found,  common  pipers,  fiddlers,  runaways,  stubborn 
servants  or  children,  common  drunkards,  common  night  walkers, 
pilferers,  persons  wanton  and  lascivious  in  speech,  conduct  or  be- 
haviour, common  railers  or  brawlers,  such  as  neglect  their  calling 
or  employment,  mispend  what  they  earn  and  do  not  provide  for 
the  support  of  themselves  and  their  families  upon  conviction  of  any 
of  the  offences  or  disorders  aforesaid  shall  be  sent  to  the  house  of 
correction  in  any  town  or  county  where  such  offence  or  disorder 
may  be  committed.  And  when  there  shall  be  no  house  of  correction 
in  the  town  or  county,  the  common  prison  may  be  used  for  the  pur- 
pose. 

Section  4.  And  be  it  further  enacted.  That  when  any  person 
shall  be  accused  of  any  of  the  offences  or  disorders  aforesaid  com- 
plaint shall  be  made  in  writing  and  under  oath  to  some  Justice  of 
the  Peace  in  the  county  where  such  offence  or  disorder  shall  be  com- 
mitted, and  such  Justice  shall  cause  the  party  against  whom 
complaint  has  been  so  made  to  be  brought  before  him  by  warrant  or 
otherwise;  and  if  upon  examination  of  the  matter  alleged  in  such 
complaint,  the  allegations  therein  shall  be  proved  to  be  true,  the 
Justice  may  sentence  such  person  or  persons  so  convicted  to  be 


LAWS  OF   NEW   HAMPSHIRE  755 

committed  to  the  house  of  correction  in  the  said  town  or  county  and 
to  be  there  put  to  hard  labor  for  a  term  not  exceeding  six  months. 

Section  5.  And  be  it  further  enacted,  That  any  person  who  may 
be  convicted  and  sentenced  as  aforesaid,  may  appeal  to  the  next 
Court  of  Common  Pleas  within  the  same  county  and  have  a  trial  by 
jury  in  due  course  of  law  upon  recognizing  with  sufficient  surety  or 
sureties  before  the  Justice  in  such  reasonable  sum  as  he  may  order, 
with  condition  that  the  person  so  appealing  shall  enter  and  prose- 
cute the  appeal  with  effect  and  abide  the  order  of  the  said  Court 
thereon,  and  in  the  mean  time  keep  the  peace  and  be  of  good  be- 
haviour toward  all  the  citizens  of  this  State.  And  a  commission  of 
the  like  offence  by  the  principal  in  such  recognizance  before  a  deci- 
sion is  had  on  the  appeal  shall  be  deemed  and  taken  to  be  a  breach 
of  the  condition  of  such  recognizance. 

Section  6.  And  be  it  further  enacted,  That  if  any  person  shall 
be  found  committing  either  of  the  offences  or  disorders  aforesaid 
in  the  public  streets  or  roads  in  the  night  time,  any  such  person 
may  be  apprehended  by  any  magistrate,  constable  or  watchman,  or 
by  any  citizen  by  order  of  such  officer,  and  kept  in  custody  in  any 
convenient  place  for  the  space  of  twenty  four  hours,  at  or  before 
the  expiration  of  which  time  they  shall  be  carried  before  a  Justice  of 
the  Peace  and  be  there  prosecuted  as  aforesaid  or  discharged  as  the 
said  Justice  shall  determine. 

Section  7.  And  be  it  further  enacted  that  the  overseers  of  the 
poor  in  every  town  in  this  State  be  empowered  to  bind  out  to  labor 
or  to  employ  in  their  work  house  every  person  residing  in  their  town 
who  lives  idly  and  pursues  no  lawful  calling  or  business,  and  who  is 
poor  and  stands  in  need  of  relief  from  such  town,  or  whose  family 
standing  in  need  of  relief  is  supported  by  such  town.  And  every 
contract  made  by  such  overseers  in  any  of  the  cases  aforesaid  shall 
be  as  good  and  effectual  as  if  such  person  bound  him  or  herself  for 
the  same  term  of  time;  and  such  overseers  of  the  poor  shall  and 
may  take  the  wages  and  appropriate  the  same  to  the  maintenance 
of  such  person  or  his  or  her  family  or  children.  Provided  always 
that  such  contract  shall  be  made  in  writing  and  shall  exDress  the 
term  such  person  is  to  serve  which  shall  not  exceed  one  year  at  a 
time,  but  may  be  renewed  or  made  for  a  shorter  time  as  there  may 
be  occasion. 

Section  8.  And  be  it  further  enacted,  That  the  overseers  of  the 
poor  in  the  respective  towns  in  this  State  be  empowered  to  set  to 
work  in  their  work  house  or  elsewhere,  or  bind  out  as  apprentices 
all  such  children  as  have  their  settlement  in,  and  are  chargeable  to 
such  town,  and  all  children  who  do  not  employ  themselves  in  some 
lawful  business,  and  whose  parents  are  unable,  or  neglect,  to  main- 
tain them,  and  do  not  bind  them  out  in  good  families;  and  the  males 
may  be  bound  out  until  they  arrive  at  the  age  of  twenty  one  years, 


75 6  LAWS  OF  NEW  HAMPSHIRE 

and  the  females  until  they  arrive  at  the  age  of  eighteen  years.  And 
such  binding  out  shall  be  as  good  and  effectual  in  law  to  all  intents 
and  purposes  as  any  way  and  method  of  binding  out  apprentices 
whatever.  And  the  said  overseers  shall  make  the  contract  equitably 
and  as  much  as  may  be  for  the  interest  of  the  persons  bound  out,  at 
least  that  they  be  instructed  to  read  and  to  write,  and  to  do  such 
work  and  business  as  may  be  suitable  to  their  circumstances  and 
condition.  And  the  said  overseers  shall  inquire  into  the  usage  of  all 
persons  so  bound  out  and  shall  endeavour  to  redress  any  wrongs  or 
injuries  they  may  sustain.  And  the  persons  to  whom  such  appren- 
tices may  be  bound  shall  have  the  same  authority  over  them  that 
other  masters  have  by  law  over  their  apprentices  during  their  ap- 
prenticeship. 

Section  9.  And  be  it  further  enacted,  That  when  any  person  not 
an  inhabitant  of  any  town  in  this  State,  nor  by  the  laws  thereof  the 
proper  charge  of  any  town  or  person  in  the  same  shall  stand  in  need 
of  relief,  the  overseers  of  the  poor  of  the  town  where  such  poor  per- 
son shall  be,  shall  relieve  and  maintain  such  person,  and  shall  within 
one  year  from  the  time  of  the  relief  so  afforded  or  within  six  months 
after  the  termination  of  any  suit  which  may  be  commenced  within 
said  term  of  one  year  against  any  town  or  person  for  the  recovery 
of  the  claim  for  the  relief  so  afforded,  lay  the  account  thereof  before 
the  Justices  of  the  Court  of  Common  Pleas  in  the  county  where 
such  town  is,  and  the  said  Justices  shall  allow  such  sum  as  they  may 
think  reasonable  to  be  paid  out  of  the  treasury  of  said  County. 

Section  10.  And  be  it  further  enacted,  That  the  relations  of  any 
poor  person  standing  in  need  of  relief  in  the  line  of  father  or  grand- 
father, mother  or  grandmother,  children  or  grandchildren  of  suffi- 
cient ability  shall  be  liable  to  maintain  him  or  her  when  standing  in 
need  of  relief.  And  in  case  any  one,  so  standing  in  need  of  relief, 
have  no  such  relations  of  sufficient  ability,  then  the  town  in  this 
State  where  such  poor  person  has  his  or  her  legal  settlement,  shall 
be  liable  for  his  or  her  support  or  maintenance. 

Section  11.  And  be  it  further  enacted,  That  when  any  person  in 
any  town  in  this  State  shall  be  poor  and  unable  to  maintain  him  or 
herself,  such  person  shall  be  relieved  and  maintained  by  the  over- 
seers of  the  poor  of  the  town  where  such  person  shall  happen  to  be. 
And  in  case  such  town  is  not  by  law  chargeable  with  the  mainte- 
nance of  such  poor  person,  they  may  by  action  recover  of  the  town 
or  person  chargeable  by  law  with  the  maintenance  of  such  poor 
person,  all  such  sums  as  they  shall  have  expended  in  the  mainte- 
nance of  such  person.  Provided  that  in  all  cases  notice  in  writing 
signed  by  a  major  part  of  the  selectmen  or  overseers  of  the  poor  and 
stating  the  sums  expended  by  them  for  the  relief  of  such  poor  person 
or  persons  .shall  be  given  in  the  manner  hereinafter  mentioned  to 
the  town,  or  to  the  selectmen  or  overseers  of  the  poor  of  the  town,  or 


LAWS  OF   NEW   HAMPSHIRE  757 

to  the  person  chargeable  by  law  with  the  maintenance  of  such  poor 
person  or  persons. 

And  such  notice  shall  be  served  upon  the  town,  or  upon  the  select- 
men or  overseers  of  the  poor  of  the  town  that  may  be  so  chargeable, 
by  the  sheriff  of  the  County  or  his  deputy,  by  leaving  an  attested 
copy  of  such  notice  with  his  return  thereon  with  one  at  least  of  the 
selectmen  or  overseers  of  the  poor,  and  with  the  clerk  of  such  town; 
and  upon  any  person  who  may  be  chargeable  as  aforesaid  by  giving 
him  or  her  an  attested  copy  of  the  notice  with  his  return  thereon  or 
by  leaving  an  attested  copy  thereof  at  his  or  her  last  and  usual  place 
of  abode. 

And  the  sheriff  or  his  deputy  serving  the  same,  shall  within  twenty 
days  from  the  service  thereof  make  a  return  of  the  original  notice, 
with  his  doings  therein,  to  the  Clerk  of  the  Court  of  Common  Pleas 
in  the  County  in  which  the  town  or  person  chargeable  may  be,  and 
shall  receive  the  same  fees  for  his  travel  and  service  as  by  law  are 
allowed  for  serving  writs.  And  no  action  shall  be  sustained  against 
any  town  or  person  for  any  sums  expended  as  aforesaid,  unless 
previous  to  the  commencement  thereof  such  notice  shall  have  been 
given  in  the  manner  aforesaid.  Provided  also  that  no  action  shall  be 
sustained  unless  commenced  within  three  years  from  the  time  of  the 
service  of  such  notice  upon  the  town  or  person  chargeable  for  the 
relief  of  such  poor  person  or  persons,  nor  for  any  sum  that  may 
have  been  expended  more  than  ninety  days  previous  to  the  time  of 
giving  notice  as  aforesaid. 

Section  12.  And  be  it  further  enacted,  That  if  any  person  or 
persons  shall  bring  and  leave,  or  bring  with  intent  to  leave,  any 
pauper,  or  poor  and  indigent  person  or  persons  having  no  visible 
means  of  support  into  any  county  in  this  State  from  any  other 
County  in  which  such  pauper  or  poor  person  or  persons  may  have 
been  supported  and  maintained  or  have  resided,  such  pauper  or 
poor  person  or  persons  not  having  a  legal  settlement  in  any  town  nor 
any  relation  to  whom  such  pauper  or  poor  person  may  be  chargeable 
for  his  or  her  maintenance,  within  the  County  into  which  such 
pauper  or  poor  person  may  be  brought,  knowing  him,  her,  or  them 
to  be  such,  the  person  or  persons  so  offending  may  be  indicted  for 
such  offence  and  on  conviction  thereof  shall  be  fined  in  a  sum  not 
exceeding  two  hundred  dollars  nor  less  than  thirty  dollars  for  the 
use  of  the  County  in  which  such  offence  may  be  committed,  or  im- 
prisoned not  exceeding  six  months  at  the  discretion  of  the  Court. 
And  such  pauper  or  poor  person  shall  be  removed  by  order  of  court 
into  the  county  from  which  he  or  she  may  have  been  brought. 

Section  13.  And  be  it  further  enacted,  That  from  and  after  the 
passing  of  this  act,  if  any  person  or  persons  shall  bring  and  leave, 
or  bring  with  an  intent  to  leave,  any  pauper,  poor  and  indigent  per- 
son or  persons  having  no  visible  means  of  support  from  any  other 


75^  LAWS   OF   NEW   HAMPSHIRE 

State  into  any  town  or  place  in  this  State  who  shall  not  have  any 
legal  settlement  within  this  State,  knowing  him,  her  or  them  to  be 
such,  shall  forfeit  and  pay,  for  every  such  offence  a  sum  not  exceed- 
ing three  hundred  dollars,  nor  less  than  fifty  dollars  at  the  discretion 
of  the  Court  before  whom  the  same  is  tried;  to  be  sued  for  and 
recovered  by  action  of  debt,  before  any  Court  proper  to  try  the 
same,  one  moiety  of  which  shall  be  to  the  use  of  any  person  or  per- 
sons who  may  sue  for  the  same  and  the  other  moiety  to  the  use 
of  the  State. 

Section  14  And  be  it  further  enacted,  That  when  any  town  in 
this  State  may  cease  to  be  organized  as  a  town,  all  paupers  who  may 
have  a  legal  settlement  in  such  town  and  who  have  no  relations  by 
law  bound  to  support  them,  shall  be  maintained  by  the  County  in 
which  such  town  is  situated  until  the  same  shall  be  reorganized. 

Section  15.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  for  the  punishment  of  idle  and  disorderly  persons,  for  the  sup- 
port and  maintenance  of  the  poor  and  for  designating  the  duties 
and  defining  the  powers  of  overseers  of  the  poor"  passed  on  the  15 
day  of  February  1791;  the  act  entitled  "an  act  in  addition  to,  and 
in  amendment  of  an  act,  entitled  an  act  for  the  punishment  of  idle 
and  disorderly  persons  for  the  support  and  maintenance  of  the  poor 
and  for  designating  the  duties  and  defining  the  powers  of  overseers 
of  the  poor,"  passed  June  27.  1809,  the  act  entitled  "an  act  provid- 
ing for  the  support  of  paupers  in  certain  cases"  passed  June  27 
181 7,  the  act  entitled  "an  act  respecting  paupers,"  passed  June 
18th  1807  and  the  act,  entitled,  an  act  relating  to  notice  to  towns 
in  case  of  paupers"  passed  July  2.  1825,  be,  and  the  same  are 
hereby  repealed.  Provided  however  that  all  rights  acquired  and  all 
acts  done  under  and  in  pursuance  of  the  acts  hereby  repealed  shall 
remain  unimpaired  and  in  force  in  the  same  manner  they  would 
and  ought  had  said  acts  remained  in  force. 

[CHAPTER  46.] 

State  of  ) 

New  Hampshire.  \ 

An  Act  in  favor  of  William  H.  Y.  Hackett  and  Samuel  D. 
Bell. 

[Approved  December  16,  1828.     Acts,  vol.  26,  p.  23.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  William  H.  Y.  Hackett  be  allowed 
the  sum  of  one  hundred  and  five  dollars,  That  Samuel  D.  Bell  be 
allowed  the  sum  of  one  hundred  and  forty  dollars  fifty  six  cents  in 
full  of  their  respective  accounts,  and  that  said  sums  be  paid  out  of 
the  Treasury. 


LAWS  OF   NEW  HAMPSHIRE  759 

LCHAPTER  47.] 


State  oj  [ 

New  Hampshire.  \ 


An  Act  in  favor  of  Richard  Bartlett. 

[Approved  December  16,  1828.    Acts,  vol.  26,  p.  24.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Richard  Bartlett  be  allowed  the  sum 
of  one  hundred  fifty  four  dollars,  sixty  two  cents  in  full  of  his  ac- 
count, and  that  said  sum  be  paid  out  of  the  Treasury. 


[CHAPTER  48.] 


State  oj         I 
New  Hampshire.  \ 


An  Act  to  incorporate  a  Company  by  the  name  of  the  Clare- 
mont  Aqueduct  Association. 

[Approved  December  16,  1828.     Acts,  vol.  26,  p.  25.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Roswell  Elmer,  Austin 
Tyler,  Timothy  S.  Gleason,  Ephraim  Tyler,  James  H.  Bingham, 
Samuel  Fiske,  Godfrey  Stevens  and  Cyrus  B.  Otis,  and  their  asso- 
ciates and  successors,  be,  and  are  hereby  incorporated  and  made  a 
body  corporate  and  politic  forever,  under  the  name  of  the  Clare- 
mont  Aqueduct  Association,  and  by  that  name  may  sue  and  prose- 
cute, and  be  sued  and  prosecuted  to  final  judgment  and  execution, 
and  shall  be,  and  hereby  are  vested  with  all  the  powers  and  privi- 
leges, which  are  by  law  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  Roswell  Elmer, 
Austin  Tyler  and  Timothy  S.  Gleason  or  any  two  of  them,  shall  call 
a  meeting  of  said  Association,  by  posting  up  a  notification  at  two 
or  more  public  places  in  Claremont  Village,  said  meeting  to  be 
holden  at  any  suitable  time  and  place  after  fifteen  days  from  the 
time  of  posting  up  said  notification,  and  the  proprietors  by  a  major- 
ity of  those  present  or  represented  at  said  meeting,  accounting  and 
allowing  one  vote  to  each  share  in  all  cases,  shall  choose  a  Clerk, 
who  shall  be  sworn  to  the  faithful  discharge  of  the  duties  of  said 
office,  and  shall  agree  on  a  method  of  calling  future  meetings  and 
at  the  same,  or  at  any  future  meetings,  may  elect  such  officers,  and 
make  and  establish  such  rules  and  by  laws  as  to  them  shall  seem 
necessary  and  convenient,  for  the  regulating  and  government  of  said 
corporation,   for   securing,   managing  and   improving   the   interests 


7  bO  LAWS  OF  NEW  HAMPSHIRE 

thereof,  and  for  carrying  into  effect  the  purposes  by  this  act  in- 
tended, and  the  same  by  laws  may  cause  to  be  executed,  and  annex 
penalties  to  the  breach  thereof,  provided  the  said  rules  and  by  laws 
are  not  repugnant  to  the  Constitution  and  laws  of  this  State.  And 
all  representations  at  any  meeting  of  this  Corporation  shall  be 
proved  by  writing  signed  by  the  person  to  be  represented,  which 
shall  be  filed  with  the  Clerk,  or  recorded  in  a  book  or  books  pro- 
vided and  kept  for  that  purpose. 

Section  3.  And  be  it  further  enacted,  That  the  capital  stock  of 
said  corporation  shall  be  divided  into  ten  shares,  and  said  corpora- 
tion shall  have  power  to  purchase  and  hold  in  fee  simple  or  other- 
wise so  much  land  as  may  be  sufficient  to  enable  them  to  convey  to 
any  part  of  the  Village  in  said  Claremont  by  means  of  an  aqueduct, 
the  water  from  any  brook,  spring  or  springs  of  water,  upon  or  in  the 
neighbourhood  of  the  hill  southerly  of  said  Claremont  village,  and 
not  more  than  one  mile  from  the  Congregational  Meeting  House  in 
said  Village,  and  may  purchase  the  exclusive  right  of  springs  within 
said  limits  so  far  as  is  necessary  for  the  purposes  of  said  aqueduct. 

Section  4.  And  be  it  further  enacted,  That  said  Corporation 
shall  have  power  to  convey  the  water  from  any  such  brook,  spring 
or  springs,  to  said  Claremont  village,  and  there  distribute  the  same 
by  means  of  an  aqueduct  or  cisterns  to  be  by  them  built  for  the 
purpose,  provided  that  the  land  upon  which  said  aqueducts  or  cis- 
terns are  built  is  owned  by  said  corporation,  or  the  owners  of  such 
land  shall  consent  thereto. 

Section  5.  And  be  it  further  enacted,  That  the  share  or  shares 
of  any  of  said  proprietors  may  be  transferred  by  deed,  duly  exe- 
cuted, acknowledged  and  recorded  by  the  Clerk  of  said  Proprietors 
on  their  records;  and  the  share  or  snares  of  any  proprietor  may  be 
sold  by  said  Corporation  on  nonpayment  of  any  assessment  duly 
made,  agreeably  to  the  by  laws  that  may  be  agreed  on  by  said 
Corporation 


[CHAPTER  49.] 


State  0}  ) 

New  Hampshire.  \ 


An  act  to  incorporate  the  Trustees  of  the  Boscawen  Acad- 
emy, in  Boscawen. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  29.  See  also  act  of  June 
26,  1872,  Session  Laws,  1872-76,  p.  ill.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  be  and  hereby  is 
established  in  the  town  of  Boscawen  an  Academy,  by  the  name  of 
the  Boscawen  Academy. 

Section  2.     And   be    it    further    enacted.    That    Samuel    Wood, 


LAWS  OF   NEW   HAMPSHIRE  76 1 

Ebenezer  Price,  Ezekiel  Webster,  John  Greenough,  Henry  Gerrish, 
Isaac  Gerrish,  John  Cogswell,  John  Farmer  and  Simeon  B.  Little, 
are  hereby  made  a  body  corporate  by  the  name  of  the  Trustees  of 
the  Boscawen  Academy,  by  which  name  they  may  sue  and  be  sued 
in  all  actions,  and  prosecute  and  defend  the  same  to  final  judgment 
and  execution.  And  the  number  of  said  Trustees  shall  not  at  any 
time  be  more  than  nine  nor  less  than  five,  five  of  whom  shall  be  a 
quorum  for  the  transaction  of  business. 

Section  3.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said and  their  successors,  shall  be  the  Trustees  and  Governors  of 
said  Academy,  with  continuance  and  succession  forever,  with  power 
to  establish  such  by  laws  and  regulations,  and  to  appoint  such 
officers  for  the  government  of  said  Academy,  as  to  them  may  seem 
requisite  and  proper.  And  as  often  as  any  vacancy  or  vacancies 
shall  occur,  in  said  Board  of  Trustees,  by  death  resignation,  or 
otherwise,  a  majority  of  the  Trustees  remaining,  shall,  by  ballot,  fill 
such  vacancy  or  vacancies. 

Section  4.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said, and  their  successors  be  and  they  are  hereby  rendered  capable 
in  law  to  take  by  gift,  grant,  devise,  bequest  or  otherwise,  real  and 
personal  estate  to  the  value  of  ten  thousand  dollars,  to  have  and 
to  hold  the  same,  on  such  conditions  as  may  be  expressed  in  any 
will,  deed  or  other  instrument  of  conveyance,  which  may  be  made 
to  them,  and  which  the  said  Trustees  may  use  and  employ,  sell  and 
dispose  of,  for  the  benefit  of  said  Academy,  at  pleasure.  And  all 
deeds,  leases  and  other  instruments,  made  and  executed  by  the 
Treasurer  of  said  corporation,  in  pursuance  of  any  vote  of  the  said 
Trustees,  shall  bind  said  Trustees  and  their  successors  and  be  valid 
in  law. 

Section  5.  And  be  it  further  enacted,  That  John  Greenough 
may  call  the  first  meeting  of  said  Trustees,  by  giving  each  of  them 
personal  notice  of  the  time  place  and  object  of  said  meeting  four 
days  at  least  prior  to  said  meeting 


[CHAPTER  50.] 


State  of  ) 

New  Hampshire.  \ 


An  act  in  favor  of  George  D.  Abbot,  E.  H  Mahurin,  William 
Badger  and  Clement  Storer. 

[Approved  December  16,  1828.    Acts,  vol.  26,  p.  32.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  George  D.  Abbot  be  allowed  the 
sum  of  thirty  dollars  fifty  cents,  that  Ephraim  H.  Mahurin  be  al- 


7&2  LAWS   OF   NEW   HAMPSHIRE 

lowed  the  sum  of  fifteen  dollars,  that  Clement  Storer  be  allowed 
the  sum  of  five  dollars,  that  William  Badger  be  allowed  the  sum  of 
four  dollars  thirty  two  cents  in  full  of  their  respective  accounts,  And 
that  said  sums  be  paid  out  of  the  Treasury. 


[CHAPTER  51.] 


State  oj  I 

New  Hampshire.  j 


An  act,  in  addition  to  an  act,  entitled,  an  act  to  incorporate 
the  Proprietors  of  Columbia  Bridge,  passed  June  16.  1824. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  35.  See  act  referred  to, 
ante,  p.  281.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  Proprietors  of  Co- 
lumbia Bridge  be  allowed  the  further  term  of  two  years  from  the 
first  day  of  June  next  for  completing  the  same. 

Section  2.  And  Be  it  further  enacted,  That  Ephraim  H.  Ma- 
hurin,  David  Bundy,  Charles  C.  Cone  or  any  two  of  them  are 
hereby  authorized  to  call  a  meeting  of  said  Proprietors  by  posting 
up  a  notice  therefor  at  some  public  place  in  Columbia,  at  least  fif- 
teen days  prior  to  said  meeting,  at  which  meeting  the  said  Proprie- 
tors may  elect  all  proper  officers,  agree  on  the  manner  of  calling 
future  meetings  and  at  the  same  or  any  subsequent  meeting  may 
transact  any  and  all  business  necessary  to  carry  into  effect  the  ob- 
jects of  their  association,  and  pass  any  by  laws  not  repugnant  to 
the  laws  of  the  State. 

Section  3.  And  Be  it  further  enacted,  That  the  Legislature  shall 
have  the  right  to  alter  and  amend  the  act  to  which  this  is  in  addition 
at  any  time  hereafter  as  to  them  shall  seem  fit. 


[CHAPTER  52.] 


State  oj  ) 

New  Hampshire.  \ 


An  act  to  incorporate  the  Portsmouth  South  Parish  Sab- 
bath School. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  37.  See  also  act  of  June 
27,  1857,  Session  Laws,  1857,  Private  Acts,  Chap.  2036.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Nathaniel  A.  Haven, 
John  Ball,  John  W.  Foster,  Alexander  Ladd,  William  H.  Y. 
Hackett.  Samuel  Lord,  Samuel  Hale,  William  Stavers,  Nathaniel  W. 


LAWS  OF   NEW   HAMPSHIRE  763 

Appleton  and  Joseph  W.  Haven  and  their  associates  and  their  suc- 
cessors, be,  and  they  hereby  are  made  a  body  corporate  and  politic 
forever  by  the  name  of  the  Portsmouth  South  Parish  Sabbath 
School,  and  said  Corporation  is  hereby  empowered  to  hold  and  pos- 
sess real  and  personal  estate  not  exceeding  in  value  the  sum  of  Five 
Thousand  Dollars  free  of  taxation,  and  said  Corporation  is  hereby 
vested  with  all  the  powers  rights  and  privileges  and, subject  to  the 
liabilities  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  said  Corporation  at 
any  meeting  duly  notified  and  holden  for  that  purpose,  may  estab- 
lish such  rules  and  by  laws  for  the  government  of  said  Corporation 
and  for  the  purpose  of  carrying  into  effect  the  object  of  their  asso- 
ciation, as  they  may  deem  proper,  provided  the  same  are  not  repug- 
nant to  the  Constitution  and  laws  of  this  State;  may  elect  such 
officers  as  they  may  consider  necessary  and  prescribe  their  powers 
and  duties,  designate  the  manner  in  which  individuals  shall  hold 
their  interest  in  the  property  of  the  Corporation,  and  how  the  same 
shall  be  transferred. 

Section  3.  And  be  it  further  enacted  that  John  W.  Foster,  John 
Ball  and  William  H.  Y.  Hackett,  or  any  two  of  them  may  call  the 
first  meeting  of  said  Corporation  at  such  time  and  place  as  they  may 
deem  proper,  by  publishing  notice  thereof  in  either  of  the  news- 
papers printed  in  Portsmouth  ten  days  previous  to  the  time  of  hold- 
ing such  meeting. 


[CHAPTER  53.] 

State  of  ] 

New  Hampshire.  \ 

An  act  allowing  a  certain  premium  for  killing  crows. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  39.  Session  Laws,  1828, 
Chap.  53.  See  acts  of  June  27,  1817,  Laws  of  New  Hampshire,  vol.  8,  p. 
645,  and  July  1,  1819,  id.,  p.  869.  Repealed  by  act  of  July  4,  1829,  Laws, 
1830  ed.,  p.  211.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened.  That  if  any  person  shall  kill  any  crow 
within  this  State  between  the  first  day  of  April  and  the  first  day 
of  July  in  each  and  every  year  and  shall  bring  the  same  to  any  one 
of  the  Selectmen  or  Treasurer  of  the  town  or  place  where  the  same 
was  killed  or  if  there  be  no  Selectmen  or  Treasurer  in  such  Town 
or  place,  then  to  one  of  the  Selectmen  or  Treasurer  of  the  town  or 
place  next  adjoining  thereto,  and  shall  prove  to  the  satisfaction  of 
such  Selectman  or  Treasurer,  that  he  killed  the  crow  thus  brought 
as  aforesaid  within  such  town  or  place  aforesaid,  and  within  the 


764  LAWS  OF  NEW  HAMPSHIRE 

time  aforesaid,  the  said  Selectman  or  Treasurer  shall  cut  off  the 
head  of  such  crow,  and  shall  otherwise  disfigure  it  so  that  it  shall 
not  be  produced  for  the  like  purpose  again;  and  the  said  Selectman 
or  Treasurer  shall  pay  to  the  person  who  killed  such  crow,  ten 
cents  therefor,  and  take  such  person's  receipt  for  such  payment, 
and  the  Selectman  or  Treasurer  of  the  several  towns  in  this  State, 
upon  presenting  to  the  Treasurer  of  this  State  their  respective  ac- 
counts for  monies  paid  by  them  or  either  of  them  respectively,  to 
any  person  or  persons  as  a  premium  for  killing  crows  as  aforesaid, 
shall  receive  the  amount  of  such  accounts  out  of  the  State  Treas- 
ury. And  the  Treasurer  of  this  State  is  hereby  authorized  and  di- 
rected to  pay  the  same  accordingly. 


[CHAPTER  54.] 


State  of         ) 
New  Hampshire.  \ 


An  act  in  favor  of  Lemuel  Barker,  William  Palmer,  Daniel 
Harvey,  the  Selectmen  of  Jefferson,  the  Selectmen  of 
Shelburne  and  Thomas  Wheeler  Jr. 

[Approved  December  16,   1828.     Acts,  vol.  26,  p.  41.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Lemuel  Barker  be  allowed  the  sum 
of  seven  dollars,  that  William  Palmer  be  allowed  the  sum  of  five 
dollars,  that  Daniel  Harvey  be  allowed  the  sum  of  six  dollars,  that 
the  Selectmen  of  the  town  of  Jefferson  be  allowed  the  sum  of  seven 
dollars,  that  the  Selectmen  of  the  town  of  Shelburne  be  allowed  the 
sum  of  five  dollars,  that  Thomas  Wheeler  Jr  be  allowed  the  sum  of 
three  dollars  in  full  of  their  respective  accounts,  and  that  said  sums 
be  paid  out  of  the  Treasury. 


LAWS  OF   NEW  HAMPSHIRE  765 

[CHAPTER  55.] 


State  oj  I 

New  Hampshire.  \ 


An  Act  defining  the  powers  and  duties  of  firewards  and 
other  persons  in  certain  cases. 

[Approved  December  16,  1828.  Acts,  vol.  26,  p.  43.  Session  Laws,  1828, 
Chap.  55.  Laws,  1830  ed.,  p.  489.  This  act  repeals  acts  of  April  6,  1781, 
Laws  of  New  Hampshire,  vol.  4,  p.  380;  June  17,  1794,  id.,  vol.  6,  p.  188; 
November  30,  1803,  id.,  vol.  7,  p.  169;  June  27,  1818,  id.,  vol.  8,  p.  723;  June 
30,  1821,  ante,  p.  55;  December  20,  1824,  ante,  p.  350;  December  21,  1824, 
ante,  p.  359,  and  June  20,  1826,  ante,  p.  487.  See  also  act  of  July  3,  1830, 
Session  Laws,  1830,  Chap.  45.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Sec  1.  Be  it  enacted  by  the  Senate  and  house  of  Representatives 
in  General  Court  convened,  That  the  firewards  of  each  town  in  this 
State,  shall  by  major  vote  choose  a  chairman  and  Secretary  or  clerk. 
And  all  acts  required  to  be  done  by  such  firewards  shall  be  as  valid 
and  effectual  if  done  by  a  majority  of  them  as  if  all  were  present  and 
consenting  thereto.  And  any  notice  required  to  be  given  by  such 
firewards  shall  be  valid  and  effectual  if  signed  by  their  chairman 
and  Secretary  or  clerk.  And  the  said  firewards  shall  have  for  a 
badge  of  office  a  staff  painted  red,  five  feet  long  and  headed  with  a 
bright  brass  spire.  And  the  said  firewards  are  hereby  required  upon 
the  breaking  out  of  fire  in  any  such  town  to  repair  immediately  to 
the  place  where  such  fire  may  be,  taking  with  them  their  badge  of 
office,  and  to  exert  themselves  vigorously  and  to  demand  assistance 
from  all  persons  present,  to  extinguish  and  prevent  the  spreading  of 
such  fire;  and  to  remove  any  property  endangered  thereby;  and  to 
appoint  guards  to  take  care  of  such  property. 

Sec  2 .  And  be  it  further  enacted  That  the  said  firewards  be  and 
hereby  are  empowered  to  require  assistance  from  all  persons  present 
at  such  fire  to  pull  down  blow  up  or  remove  any  houses  buildings  or 
other  thing  whatsoever,  provided  it  shall  be  judged  necessary  by  a 
majority  of  said  firewards  then  present,  for  preventing  the  spreading 
of  such  fire 

And  said  firewards  are  hereby  empowered  to  suppress  with  force 
if  necessary  all  tumults  and  disorders,  and  to  order  direct  and 
control  the  labor  of  all  persons  present  at  such  fire.  And  if  any 
person  present  at  such  fire  shall  neglect  or  refuse  to  obey  the  com- 
mands of  said  firewards  or  anv  of  them  at  such  fire,  such  person 
shall  be  liable  to  a  penalty  of  fifty  dollars. 

Sec  3.  And  be  it  further  enacted,  That  said  firewards  shall  have 
at  all  times  the  entire  direction  and  control  of  all  fire  engines,  fire 
hooks,  hoses  and  other  implements  designed  or  used  for  extinguish- 
ing or  preventing  the  spreading  of  fire,  in  any  such  town. 


766 


LAWS   OF   NEW  HAMPSHIRE 


And  the  said  firewards  shall  have  at  all  times  the  general  direction 
and  control,  of  all  persons  chosen  or  accepted  by  them  to  serve  in 
any  engine  company,  ax  company,  hose  company  or  other  associa- 
tion of  persons,  whose  special  duty  it  shall  be  to  aid  in  extinguishing 
or  preventing  the  spreading  of  fire,  in  all  matters  appertaining  to 
the  duties  of  their  respective  appointments. 

Sec  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
said  firewards  to  give  a  warrant  under  the  hand  of  their  chairman, 
to  be  countersigned  and  recorded  by  their  Secretary  or  clerk,  to  each 
person  chosen  or  accepted  by  them  to  serve  in  any  of  the  companies 
aforesaid,  which  warrant  shall  be  valid  so  long  as  such  person  shall 
continue  a  member  of  said  company,  or  until  said  warrant  shall  be 
revoked  by  order  of  said  firewards,  and  the  revocation  thereof  re- 
corded by  their  secretary  or  clerk.  And  every  man  to  whom  any 
such  warrant  shall  be  granted  not  exceeding  eighteen  men  to  each 
fire  engine  or  hose  company,  shall  be  exempted  from  training  in  the 
militia  and  serving  as  juror  during  the  time  such  warrant  shall  be  in 
force,  provided  however  that  when  in  the  judgement  of  the  select- 
men and  firewards  of  such  town,  a  greater  number  than  eighteen 
men  shall  be  necessary  to  any  such  engine  or  hose  company,  addi- 
tional men  not  exceeding  twenty  two  to  any  such  engine  or  hose 
company  may  be  appointed  by  said  selectmen  and  firewards,  and  a 
warrant  signed  by  said  selectmen  and  also  signed,  countersigned 
and  recorded  as  aforesaid,  shall  entitle  such  additional  men  to  be 
exempted  as  aforesaid. 

Sec  5  And  be  it  further  enacted,  That  if  any  person  shall  as- 
sume the  office  of  fireward,  not  being  thereto  legally  chosen,  or  shall 
use  the  badge  aforesaid,  he  shall  be  liable  to  the  penalty  of  fifty 
dollars. 

Sec  6.  And  be  it  further  enacted,  That  if  any  person  or  persons 
shall  at  such  fire  plunder,  embezzle  convey  away  or  conceal  any 
goods  or  effects,  and  shall  not  forthwith  deliver  the  same  or  give 
information  thereof  to  the  owner  or  owners  if  known,  otherwise,  to 
one  of  the  firewards,  such  person  or  persons  shall  be  deemed  and 
taken  to  be  guilty  of  larceny  thereof. 

Sec  7.  And  be  it  further  enacted.  That  the  major  part  of  said 
firewards  present  at  any  such  fire  are  hereby  empowered  to  cause 
any  houses  buildings  or  other  thing  whatsoever,  to  be  pulled  down 
blown  up,  or  removed  that  they  shall  judge  necessary  to  stop  the 
progress  of  such  fire,  And  if  by  destroying  or  injuring  any  such 
houses,  buildings  or  other  thing  as  aforesaid,  the  fire  shall  be 
stopped  or  if  the  fire  shall  be  stopped  before  it  reach  the  same  the 
owner  or  owners  of  every  such  house  building,  or  other  thing  shall 
receive  a  reasonable  compensation  for  the  injury  done  to  the  same, 
to  be  paid  by  the  town.  And  the  selectmen  of  such  town  for  the 
time  being  on  application  to  them  for  that  purpose,  are  hereby 
empowered  and  directed  to  appraise  the  damage  done  to  any  house 


LAWS  OF   NEW   HAMPSHIRE  767 

building  or  other  thing,  by  order  of  the  firewards  as  aforesaid,  and 
to  assess  the  polls  and  estates  in  such  town  liable  by  law  to  be  as- 
sessed in  town  taxes  their  just  and  legal  proportion  of  such  damage, 
which  shall  be  collected  in  the  same  manner  as  other  town  taxes  may 
be  by  law  collected. 

And  if  such  selectmen  shall  neglect  or  refuse  to  make  adequate 
compensation  for  any  damages  sustained  as  aforesaid  for  the  space 
of  three  months  after  application  to  them  for  that  purpose,  the  party 
aggrieved  may  apply  by  petition  to  the  court  of  common  pleas,  for 
the  county  wherein  such  town  may  be,  for  redress.  And  said  court 
of  common  pleas,  after  reasonable  notice  of  said  petition  to  such 
town,  shall  ascertain  and  determine  the  amount  of  such  damages, 
and  render  judgment  and  issue  execution  therefor  and  for  costs 
against  such"  town,  provided  however  that  when  any  such  house 
building  or  other  thing  wherein  or  whereat  the  fire  first  began,  shall 
be  pulled  down  blown  up,  or  removed  by  order  of  said  firewards,  the 
party  injured  shall  not  be  entitled  to  compensation  for  damages  as 
aforesaid.  And  when  any  other  house,  building  or  thing  shall  be 
pulled  down  blown  up,  or  removed  by  order  of  said  firewards  to  stop 
the  progress  of  fire  and  such  fire  shall  not  be  stopped  thereby,  and 
it  shall  appear  that  such  other  house,  building  or  thing  must  have 
been  burnt,  if  the  same  had  not  been  pulled  down,  blown  up  or  re- 
moved, as  aforesaid,  the  party  injured  shall  not  be  entitled  to  com- 
pensation for  damages  as  aforesaid. 

Sec  8.  And  be  it  further  enacted,  That  when  in  the  opinion  of 
the  firewards  any  building  in  such  town  has  become  dangerous  by 
reason  of  decay  or  want  of  repairs  or  otherwise  it  shall  be  the  duty 
of  the  firewards  to  give  a  written  notice  thereof  to  the  owner  or 
owners  of  such  building  if  residing  within  the  town,  or  to  the  occu- 
pant of  such  building  if  the  owner  or  owners  do  not  reside  within 
the  town,  or  in  case  the  owner  or  owners  do  not  reside  within  the 
town,  and  there  be  no  occupant  of  such  building,  to  post  up  such 
notice  in  at  least  three  public  places  in  said  town,  which  notice 
shall  in  all  cases  contain  a  particular  account  of  the  repairs  or  alter- 
ations required,  to  be  made;  and  in  case  such  repairs  or  alterations 
be  not  made  within  thirty  days  from  the  time  of  giving  or  posting 
up  said  notice  as  aforesaid,  the  firewards  may  cause  such  repairs 
or  alterations  to  be  made  at  the  expence  of  the  town,  and  such  town 
may  recover  the  amount  thereof  against  such  owner  or  owners  or 
occupant  by  an  action  of  debt  before  any  court  competent  to  try  the 
same,  and  such  action  may  be  brought  by  the  firewards  in  the  name 
and  behalf  of  said  town,  and  in  case,  in  the  opinion  of  the  firewards 
such  building  be  in  a  ruinous  state  and  not  worth  repairing  and 
the  owner  or  owners  do  not  within  sixty  days  from  the  time  of  such 
notice  make  the  repairs  or  alterations  required  therein  the  said  fire- 
wards may  cause  such  building  to  be  demolished  at  the  expense  of 
the  town,  and  shall  make  out  a  particular  account  of  such  expense 


768  LAWS  OF   NEW  HAMPSHIRE 

and  cause  the  same  to  be  filed  with  their  secretary  or  clerk;  and  in 
case  the  owner  or  owners  do  not  within  five  days  from  such  filing 
repay  the  amount  of  such  expense,  the  said  firewards  may  sell  by 
public  Auction  the  materials  of  such  building;  and  from  the  pro- 
ceeds of  such  sale  shall  retain  the  amount  of  such  expense  and 
charge  of  sale,  and  the  overplus,  if  any;  shall  pay  over  to  the  owner 
or  owners  of  such  building  when  thereto  requested,  provided  how- 
ever that  when  in  the  opinion  of  the  firewards  the  public  safety 
may  be  greatly  endangered  unless  such  repairs  or  alterations  be 
immediately  made  they  may  limit  and  appoint  such  time  less  than 
thirty  days  for  making  the  same  and  give  such  notice  thereof  as  they 
may  think  the  exigency  of  the  case  may  require,  and  such  repairs 
or  alterations  not  being  made  by  the  owner  or  owners  or  occupant 
within  such  limited  time  the  subsequent  proceedings  shall  be  the 
same  as  herein  provided  in  cases  where  such  repairs  or  alterations 
are  not  made  within  thirty  days  after  notice  as  aforesaid. 

Sec  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
such  town  to  advance  to  the  firewards  from  time  to  time  when 
thereto  requested,  such  sums  as  may  be  necessary  to  carry  into  effect 
the  provisions  of  this  act;  and  it  shall  be  the  duty  of  the  firewards 
of  such  town  annually  in  the  month  of  March  and  before  the  annual 
town  meeting,  to  transmit  to  the  selectmen  an  exact  account  of  their 
receipts  and  expenditures  in  said  office  of  firewards,  which  account 
the  selectmen  shall  lay  before  the  town  at  such  annual  meeting,  or  at 
any  meeting  adjourned  therefrom;  and  all  penalties  recovered  by 
virtue  of  any  provision  in  this  act  shall  be  accounted  for  to  the 
selectmen  in  their  annual  account  as  aforesaid. 

Sec  10.  And  be  it  further  enacted,  That  every  house  or  other 
building  of  two  or  more  stories  in  height  which  has  four  fireplaces, 
shall  be  provided  with  two  leather  buckets  of  such  size  and  form  as 
the  firewards  of  such  town  shall  from  time  to  time  prescribe;  and 
every  such  house  or  other  building  which  has  six  fireplaces,  shall  be 
provided  with  three  such  buckets,  and  every  such  house  or  building 
which  has  eight  fireplaces  shall  be  provided  with  four  such  buckets, 
and  every  such  house  or  building  which  has  more  than  eight  fire- 
places shall  be  provided  with  six  such  buckets;  and  every  such 
house  or  building  shall  have  thereon  a  good  secure  ladder  or  ladders 
reaching  from  the  ground  to  the  ridge  pole,  which  buckets  and  lad- 
ders shall  be  provided  and  kept  in  good  repair,  at  the  charge  of  the 
owner  or  owners  of  such  house  or  building.  And  in  case  the  owner 
or  owners  of  such  house  or  building  shall  neglect  to  provide  and  keep 
in  good  repair  such  buckets  and  ladders  he  or  they  shall  be  liable 
to  a  penalty  of  six  dollars  for  every  three  months  neglect  therin.  And 
in  case  of  such  neglect  the  firewards  may  give  notice  to  the  owner 
or  owners,  or  to  the  occupant  if  the  owner  or  owners  are  unknown 
or  do  not  reside  within  such  town,  to  provide  such  buckets  and  lad- 
ders and  if  the  same  shall  not  be  provided  within  thirty  days  after 


LAWS  OF  NEW  HAMPSHIRE  769 

such  notice  it  shall  be  the  duty  of  said  firewards  to  provide  the  same 
at  the  expense  of  the  town:  and  such  town  may  recover  the  amount 
thereof  of  the  owner  or  owners  of  such  house  or  building  or  of  the 
occupant  in  case  the  owner  or  owners  thereof  be  unknown  or  do  not 
reside  within  such  town,  by  an  action  of  debt  before  any  court  com- 
petent to  try  the  same,  and  such  action  may  be  brought,  by  the  fire- 
wards  in  the  name  and  behalf  of  such  town. 

Sec  ii.  And  be  it  further  enacted  That  any  tenant  who  shall 
be  obliged  to  pay  any  sum  of  money  by  virtue  of  this  act  which  sum 
his  lessor  ought  to  have  paid  may  retain  the  same  out  of  the  rent  of 
the  tenements,  he  holds  under  such  lessor ;  or  may  recover  the  same 
against  such  lessor  in  an  action  of  debt  before  any  court  competent 
to  try  the  same 

Sec  12  And  be  it  further  enacted  that  it  shall  be  the  duty  of  said 
firewards  and  they  or  any  of  them  are  hereby  empowered  to  cause 
any  fires  on  any  wharf  or  in  any  street  or  highway  in  any  such  town 
to  be  forthwith  extinguished  or  removed  whenever  in  their  opinion 
the  public  safety  may  require  the  same. 

Sec  13.  And  be  it  further  enacted  That  the  firewards  of  any 
town  be  and  they  hereby  are  empowered  from  time  to  time  to  make 
and  ordain  such  rules  and  regulations  not  repugnant  to  any  law  of 
this  state  respecting  the  kindling,  guarding  and  safe-keeping  of  fires 
and  also  for  the  prevention  and  extinguishing  of  fires,  or  for  clearing 
away  shavings,  chips  or  any  combustable  matter,  that  may  be 
thought  dangerous,  from  any  house  or  other  building  or  place  as  they 
in  their  judgement  may  think  proper. 

And  such  rules  and  regulations  signed  by  the  major  part  of  said 
firewards,  shall  be  recorded  in  the  records  of  the  town,  and  copies 
of  the  record  attested  by  the  town  clerk,  shall  be  posted  up  in  two 
or  more  public  places  in  the  town  at  least  thirty  days  before  such 
rules  and  regulations  shall  take  effect.  And  the  said  firewards  shall 
have  full  power  to  annex  such  penalties  for  the  breach  of  any  or 
all  of  such  rules  and  regulations  as  they  may  deem  necessary  not 
exceeding  twenty  dollars  for  each  offence;  and  such  rules  and  regu- 
lations shall  be  in  force  until  altered  or  annulled  by  the  laws  of  the 
state  or  by  the  firewards  of  such  town. 

Sec  14  And  be  it  further  enacted  That  all  penalties  incurred 
by  the  breach  of  any  provision  in  this  act  or  by  the  breach  of  any 
rules  and  regulations  made  by  the  firewards  of  any  town  in  manner 
provided  by  this  act  may  be  recovered  by  action  of  debt  before  any 
court  competent  to  try  the  same  which  action  may  be  instituted  by 
the  firewards  in  the  name  and  behalf  of  the  town  where  the  offence 
was  committed;  and  all  penalties  recovered  shall  be  appropriated  by 
the  firewards  to  the  purchase  or  repair  of  eneines  or  instruments 
proper  to  be  used  in  case  of  fire,  or  shall  be  paid  into  the  treasurv  of 
the  town.  And  all  actions  for  the  recovery  of  any  penalty  within 
the  jurisdiction  of  a  justice  of  the  peace  may  be  sued  and  prosecuted 

49 


77°  LAWS  OF   NEW  HAMPSHIRE 

before  any  justice  within  the  county  where  the  offence  was  commit- 
ted, and  it  shall  be  no  cause  of  exception  to  any  such  justice,  that  he 
resides  or  has  property  within  the  town  where  the  offence  was  com- 
mitted. 

Sec  15.  And  be  it  further  enacted,  That  this  act  shall  extend 
to  and  be  in  force  only  in  such  towns  in  this  state  which  shall  at 
their  annual  or  other  town  meetings  called  for  that  purpose  adopt 
the  same,  Provided  however  that  such  town  may  adopt  the  whole  or 
any  part  thereof  as  they  may  think  proper,  provided  also  that  such 
town  may  exempt  from  the  operation  of  the  tenth  section  of  this 
act  such  inhabitant  of  such  town  as  live  remote  from  the  compact 
part  thereof — 

Sec  16.  And  be  it  further  enacted  That  an  act  entitled  "an 
act  to  regulate  the  proceedings  for  extinguishing  fires  that  may  be 
accidentally  or  otherwise  kindled  among  buildings,  to  prevent  the 
keeping  of  fires  in  unsuitable  houses  and  places,  to  preserve  goods 
endangered  by  such  fires,  and  to  remove  or  demolish  buildings 
judged  to  be  dangerous  to  the  public  safety"  passed  April  6th  1781; 
an  act  entitled  "an  act  in  addition  to  and  altering  an  act  entitled  an 
act  to  regulate  the  proceedings  for  extinguishing  fires  that  may  be 
accidentally  or  otherwise  kindled  among  buildings;  to  prevent  the 
keeping  of  fires  in  unsuitable  houses  or  places,  to  preserve  goods 
endangered  by  such  fires,  and  to  remove  or  demolish  buildings 
judged  to  be  dangerous  to  the  public  safety"  passed  June  17th  1794; 
an  act  entitled  "an  act  in  addition  to  an  act  to  regulate  the  proceed- 
ings for  extinguishing  fires  that  may  be  accidentally  or  otherwise 
kindled" — passed  November  30th  1803;  an  act  entitled  "an  act  in 
addition  to  an  act  to  regulate  the  proceedings  for  extinguishing  fires 
that  may  be  accidentally  or  otherwise  kindled — "  passed  June  27th 
1818;  an  act  entitled  "an  act  empowering  the  selectmen  and  fire- 
wards  of  the  town  of  Portsmouth  to  appoint  additional  fire  engine 
men"  passed  June  30th  182 1.;  an  act  entitled  "an  act  in  addition  to 
and  in  amendment  of  the  several  acts  now  in  force  regulating  the 
proceedings  for  extinguishing  fires"  passed  December  20th  1824;  an 
act  entitled  "an  act  prescribing  the  mode  of  recovering  the  fines  and 
penalties,  in  an  act  to  regulate  the  proceedings  for  extinguishing 
fires  &c  passed  April  6th  1781."  passed  December  21st  1824;  and 
an  act  entitled  "an  act  empowering  the  firewards  in  "the  several 
towns  in  this  state  to  make  rules  and  regulations  respecting  fires" 
passed  June  20th  1826.  be  and  hereby  are  repealed,  provided  that 
all  rules  and  regulations  made  by  the  firewards  of  any  town  now  in 
force  shall  be  and  remain  in  force,  as  if  the  same  had  been  made 
under  the  provisions  of  this  act,  and  all  penalties  incurred  for  any 
breach  of  such  regulations,  or  of  any  provisions  of  the  said  acts 
hereby  repealed  may  be  recovered  in  the  same  manner  as  if  this  act 
had  not  been  passed. 

Sec.  17.  And  be  it  further  enacted  That  this  act  shall  not  take 
effect  until  the  first  day  of  February  next. 


LAWS  OF   NEW   HAMPSHIRE  771 

[CHAPTER  56.] 

State  oj         I 
New  Hampshire.  \ 

An  act  relating  to  the  election  of  the  Representatives  of 
Classed  Towns. 

[Approved  December  23,  1828.  Acts,  vol.  26,  p.  55.  Session  Laws,  1828, 
Chap.  56.  Laws,  1830  ed.,  p.  424.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  meetings  for  the 
choice  of  the  Representatives  of  such  towns  as  are  or  may  be  classed 
for  that  purpose,  shall  be  called  by  warrant  under  the  hands  and 
seal  of  the  selectmen  of  that  town,  wherein  the  meeting  is,  by  law, 
to  be  holden  for  that  year,  requiring  the  inhabitants  of  said  towns, 
qualified  to  vote  for  Senators,  to  meet  at  a  certain  place  in  said  town, 
and  at  a  certain  hour  therein  mentioned,  and  expressing  the  purpose 
of  such  meeting.  And  the  said  selectmen  shall  post  up  an  attested 
copy  of  such  warrant,  at  the  meeting  house  or  some  other  publick 
place  in  each  of  said  towns,  fifteen  days  before  such  meeting,  and 
return  such  warrant,  with  their  doings  thereon,  at  the  time  and  place 
of  such  meeting. 

Section  2.  And  be  it  further  enacted,  That  the  Selectmen  of  the 
town  wherein  such  meeting  is  to  be  holden  shall  lodge  with  the  town 
clerk  of  such  town  and  shall  cause  to  be  posted  up  at  some  public 
place  in  said  town  at  least  fifteen  days  previous  to  said  meeting  an 
alphabetical  list  of  all  the  legal  voters  of  said  town,  and  shall  at  said 
meeting  on  receiving  satisfactory  evidence  thereof  enter  on  said  list 
the  names  of  all  legal  voters  in  said  town  not  before  on  said  list  and 
likewise  the  names  of  all  legal  voters  belonging  to  the  towns  or  places 
classed  with  said  town  for  the  choice  of  a  Representative  who  may 
appear  at  said  meeting  and  offer  to  vote. 

Section  3.  And  be  it  further  enacted,  That  at  the  meetings  afore- 
said, a  moderator  shall  be  chosen,  by  ballot,  by  a  majority  of  votes. 
And  the  said  moderator  and  the  selectmen  and  town  clerk  of  the 
town  wherein  such  meeting  shall  be  holden,  shall  have  and  exercise 
the  same  powers,  perform  the  same  duties,  and  be  subject  to  the 
same  penalties  and  liabilities;  and  the  legal  voters,  present  at  such 
meeting,  shall  have  the  same  rights,  and  be  subject  to  the  same  pen- 
alties and  liabilities,  as  they  respectively  would,  by  law,  if  such 
meeting  were  a  legal  meeting  of  the  inhabitants  of  one  town  only. 

Section  4.  And  be  it  further  enacted,  That  in  case  there  shall  be 
no  town  clerk  of  the  town,  wherein  such  meeting  shall  be  holden,  or 
in  case  of  his  absence,  the  legal  voters  present  shall,  by  ballot,  by 
a  majority  of  votes,  elect  a  clerk  of  the  meeting,  who  shall  be  sworn, 


772  LAWS  OF   NEW  HAMPSHIRE 

and  shall  perform  the  duties  by  law  required  of  town  clerks  in  town 
meetings,  and  shall  keep  a  fair  record  of  the  proceedings  of  the  meet- 
ing, and  shall  transmit  the  same,  duly  certified,  to  the  town  clerk  of 
said  town,  as  soon  as  may  be,  whose  duty  it  shall  be,  to  record  the 
same  in  the  book  of  records  of  the  town,  in  which  such  meeting  may 
be  holden. 

Section  5.  And  be  it  further  enacted,  That  if  the  selectmen  of 
the  town,  wherein  the  meeting  of  the  legal  voters  of  such  classed 
towns  for  the  choice  of  a  Representative  should,  by  law,  be  holden 
for  that  year,  shall  neglect  to  warn  such  meeting,  or  to  make,  post 
up,  and  lodge  with  the  town  clerk  of  said  town,  a  list  of  the  legal 
voters  in  said  town,  agreeably  to  the  provisions  of  this  act,  they  shall 
forfeit  and  pay  the  sum  of  fifty  dollars  for  each  offence,  to  the  use 
of  any  person,  who  will  sue  for  the  same. 


[CHAPTER  57.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  incorporate  the  Proprietors  of  Dalton  Bridge. 

[Approved  December  23,  1828.  Acts,  vol.  26,  p.  59.  See  also  acts  of  June 
27,  1818,  Laws  of  New  Hampshire,  vol.  8,  p.  729;  June  28,  1823,  ante,  p.  211; 
December  27,  1844,  Session  Laws,  1844,  November  session,  Chap.  202;  Decem- 
ber 26,  1848,  id.,  1848,  November  session,  Chap.  796,  and  July  2,  1870,  id., 
1867-71,  p.  468.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  David  H.  Sumner,  his 
Associates  and  Successors,  be,  and  they  hereby  are  incorporated  and 
made  a  body  corporate  and  politic,  by  the  name  of  The  Proprietors 
of  Dalton  Bridge;  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  defend  to  final  judgment  and  execution,  and  shall  be  and  hereby 
are  vested  with  all  the  powers  and  privileges  which  by  law  are  inci- 
dent to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  exclusive  right 
of  building,  rebuilding,  and  keeping  in  repair  forever,  a  Bridge  over 
Connecticut  "River,  at  any  place  between  the  most  northerly  corner 
of  Dalton  in  the  County  of  Coos,  and  a  stake  to  be  placed  two  and 
a  quarter  miles  below  the  mouth  of  John's  River,  measuring  as  the 
said  Connecticut  River  runs  on  its  easterly  bank — be,  and  hereby  is 
granted  to  said  Corporation.  And  said  Corporation  is  hereby  em- 
powered to  purchase  and  hold  real  estate  necessary  and  convenient 
for  carrying  into  effect  the  purposes  of  this  act,  not  exceeding  in 
value  the  sum  of  fifteen  hundred  dollars,  and  the  same  may  alienate 
and  dispose  of  at  pleasure. 


LAWS  OF  NEW  HAMPSHIRE  773 

Section  3.  And  be  it  further  enacted,  That  the  said  David  H. 
Sumner  may  call  the  first  meeting  of  said  Corporation  by  posting  up 
notifications  thereof  in  the  town  of  Dalton  aforesaid,  and  in  Lunen- 
burg in  the  State  of  Vermont,  expressing  the  time,  place,  and  design 
of  such  meeting  at  least  fifteen  days  prior  to  the  day  of  holding 
the  same;  at  which  meeting  the  said  Corporation  may  agree  on  the 
manner  of  calling  future  meetings;  and  at  the  same  or  at  any  sub- 
sequent meeting  may  elect  and  appoint  such  officers  and  servants 
as  they  may  deem  necessary  for  conducting  the  concerns  of  the  Cor- 
poration; may  divide  their  joint  stock  into  shares,  and  agree  on  the 
manner  of  transferring  them;  may  order  assessments  and  fix  the 
time  of  their  payment;  may  pass  by  laws  not  repugnant  to  the  laws 
of  the  State  for  their  regulation  and  government,  and  annex  pen- 
alties to  the  breach  thereof  not  exceeding  ten  dollars  for  any  one 
offence,  and  do  and  transact  any  business  necessary  for  carrying 
into  effect  the  objects  of  their  association.  All  questions  at  any 
meeting  of  said  Corporation  shall  be  determined  by  a  majority  of 
votes  of  the  members  present  and  represented,  allowing  one  vote 
to  each  share;  and  authority  to  vote  at  any  such  meeting  in  behalf 
of  an  absent  member  shall  be  proved  by  writing  signed  by  the  per- 
son represented,  which  writing  shall  be  filed  with  the  clerk. 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
Corporation  shall  be  liable  and  holden  for  the  payment  of  all  as- 
sessments duly  made  thereon;  and  upon  the  non  payment  thereof 
within  the  time  limited  therefor,  the  delinquent  share  or  shares  may 
be  advertised  and  sold  at  public  auction,  or  so  many  of  them  as  may 
be  necessary  to  pay  such  assessments  with  the  incidental  charges, 
under  such  regulations  as  said  corporation  in  their  by  laws  may 
prescribe,  and  any  overplus  after  payment  of  such  assessments  and 
incidental  charges  shall  be  paid  to  the  owners  of  the  shares  sold  on 
demand. 

Section  5.  And  be  it  further  enacted,  That  to  reimburse  said 
corporation  the  money  expended  in  building  and  keeping  said  Bridge 
in  repair,  a  toll  be,  and  hereby  is  granted  to  said  Corporation; 
and  the  toll  gatherer  or  toll  gatherers  appointed  by  said  Corpora- 
tion are  hereby  authorized  to  demand  and  receive  the  following  rates 
of  toll,  and  to  stop  and  detain  any  person  or  persons  from  crossing 
said  Bridge  with  their  carriages,  teams,  horses,  cattle  and  droves, 
until  the  same  shall  be  paid,  that  is  to  say:  For  each  foot  passenger, 
two  cents;  for  each  horse  and  rider,  six  cents;  for  each  horse  and 
chaise,  or  other  carriage  of  pleasure,  drawn  by  one  horse,  ten  cents, 
for  each  gig  waggon,  drawn  by  one  horse,  eight  cents,  for  each  sleigh 
or  sled,  drawn  by  one  horse,  six  cents;  if  drawn  by  two  horses, 
eight  cents,  for  each  coach,  or  other  four-wheeled  carriage  of  pleas- 
ure, or  for  passengers,  drawn  by  two  horses,  twenty  cents;  for  each 
curricle,  drawn  bv  two  horses,  twelve  cents;  for  each  cart  or  other 


774  LAWS  OF   NEW  HAMPSHIRE 

carriage  of  burthen,  drawn  by  one  beast,  eight  cents;  if  drawn  by 
two  beasts,  ten  cents;  for  each  additional  beast  to  either  of  the 
foregoing  vehicles  three  cents;  for  horses,  mules  or  neat  cattle  in 
droves,  two  cents  each,  and  for  sheep  or  swine,  one  half  cent  each; 
and  no  more  than  one  person  shall  be  allowed  to  pass  said  Bridge 
with  any  carriage  of  burthen  free  of  toll.  And  at  all  times  when  the 
toll  gatherer  does  not  attend  his  duty,  the  gate  or  gates  which  may 
be  erected  upon  or  across  said  Bridge  shall  be  left  open. 

Section  6.  And  be  it  further  enacted,  That  if  within  four  years 
from  the  passing  hereof,  the  said  Bridge  shall  not  be  built,  then  this 
act  shall  be  null  and  void.  And  in  case  said  Corporation  shall  fail 
to  have  and  keep  in  good  repair  a  convenient  and  safe  Bridge  within 
the  limits  aforesaid,  according  to  the  true  intent  and  meaning  hereof 
for  the  space  of  two  years  at  any  time  thereafter,  then  this  act  shall 
be  void.  And  the  tolls  hereby  granted  shall  be  subject  to  future 
revision  and  alteration  by  the  Legislature. 


[CHAPTER  58.] 

State  of  ) 

New  Hampshire.  | 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
President  Directors  and  Company  of  the  Bank  of  Lebanon. 

[Approved  December  23,  1828.  Acts,  vol.  26,  p.  69.  See  also  act  of  July 
9,  1846,  Session  Laws,  1846,  Chap.  403.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Phineas  Parkhurst, 
Richard  Kimball,  Timothy  Kenrick,  Stephen  Kendrick,  William 
Benton,  Thomas  Waterman,  David  Hough  Jr.  Samuel  S.  Barrows, 
Calvin  Benton,  Gideon  Dickinson,  Elias  Lyman,  Chester  Baxter, 
John  Downer,  Solomon  Downer,  John  Bryant,  John  Ticknor,  Robert 
Kimball,  James  Willis,  Converse  Goodhue,  Alpheus  Baker,  Reuben 
True,  Thomas  Chellis  Jr,  James  Smith,  Diarca  Alien,  Abner  Allen, 
Edward  Bosworth,  Richard  Buswell,  Ammi  B.  Young,  Amos  Bug- 
bee,  George  H.  Lathrop,  Wareham  Morse,  Uriah  Amsden,  Samuel 
Selden,  David  C.  Churchill,  Roswell  Sartwell  and  their  associates, 
and  those  who  may  hereafter  become  associates  in  said  Bank,  their 
successors  and  assigns,  be,  and  they  hereby  are  created  and  made  a 
corporation  by  the  name  of  the  President  Directors  and  Company 
of  the  Bank  of  Lebanon;  shall  so  continue  until  the  first  day  of 
June  which  will  be  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  forty  eight,  and  by  that  name  shall,  be  and  hereby  are, 
made  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded, 


LAWS  OF   NEW  HAMPSHIRE  775 

defend  and  be  defended  in  any  court  of  record,  or  any  other  place 
whatever;  and  also  to  make,  have  and  use  a  common  seal,  and  the 
same  at  pleasure  to  break,  alter,  or  renew;  and  also  to  ordain,  estab- 
lish and  put  in  execution  such  by  laws,  ordinances  and  regulations, 
not  repugnant  to  the  laws  of  this  State,  as  to  them  shall  seem  nec- 
essary and  convenient  for  their  regulation  and  government,  and  for 
the  prudent  management  of  the  affairs  of  said  corporation;  subject 
always  to  the  rules,  restrictions,  limitations  and  provisions  hereafter 
prescribed. 

Section  2.  And  be  it  further  enacted,  That  the  capital  or  joint 
stock  of  said  Corporation  shall  consist  of  a  sum  not  less  than  one 
hundred  thousand  dollars,  nor  more  than  one  hundred  and  fifty  thou- 
sand dollars,  in  specie,  and  shall  be  divided  into  one  thousand  shares, 
and  the  stockholders  shall  at  their  first  meeting,  or  at  an  adjourn- 
ment thereof,  by  a  majority  of  votes,  determine  the  amount  of  pay- 
ments to  be  made  on  each  share,  and  the  time  when  and  where  they 
shall  be  made;  also  the  manner  of  transferring  and  disposing  of  the 
stock  and  the  profits  thereof,  which  being  entered  on  the  books  of 
said  Corporation,  shall  be  binding  on  the  stockholders,  their  suc- 
cessors and  assigns.  Provided  that  no  stockholder  shall  be  allowed 
to  borrow  at  said  Bank,  until  he  shall  have  paid  in  his  full  proportion 
of  said  sum  of  one  hundred  thousand  dollars  at  least:  Provided  also 
that  no  stockholder  shall,  in  any  case  be  allowed  to  borrow  more  than 
fifty  per  cent  on  his  capital  stock  so  paid  in.  And  said  Corporation 
is  hereby  made  capable  in  law  to  have,  hold,  purchase  and  receive, 
possess,  enjoy  and  retain  to  them,  their  successors  and  assigns,  lands, 
tenements  and  hereditaments  to  the  amount  of  ten  thousand  dollars, 
and  no  more  at  any  one  time,  with  power  to  bargain,  sell,  dispose  of 
and  convey  the  same,  and  to  loan  and  negotiate  their  monies  and 
effects  by  discounting  on  banking  principles  on  such  personal  se- 
curity as  they  shall  think  advisable. 

Section  3.  And  be  it  further  enacted,  That  the  following  rules, 
restrictions,  limitations  and  provisions,  shall  form  and  be  the  fun- 
damental articles  of  said  Corporation. 

1.  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation at  any  one  time  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in,  at  such 
time,  and  then  composing  the  capital  stock  of  said  Bank,  and  in  case 
any  Cashier,  Director,  or  other  officer  of  said  Bank  at  any  time  shall 
knowingly  issue,  or  order,  direct  or  cause  to  be  issued  and  put  in  cir- 
culation bills,  notes  or  obligations  of  said  Bank,  which,  together 
with  those  before  issued  and  then  in  circulation,  shall  exceed  the 
amount  of  the  capital  stock  of  said  Bank,  such  Cashier,  Director 
or  other  officer  shall  forfeit  and  pay  a  sum  not  exceeding  ten  thou- 
sand dollars  nor  less  than  one  thousand  dollars. 

2      That  dividends  may  be  made  semiannually  among  the  stock- 


Tjt  LAWS  OF   NEW  HAMPSHIRE 

holders  of  said  Bank  of  interest  or  profits  actually  received;  but  no 
part  cf  the  capital  stock  of  said  Bank  shall  be  divided  among,  or 
paid  to  the  stockholders,  either  before  or  after  the  expiration  of 
the  time  limited  by  this  act  for  the  continuance  of  said  Corporation, 
without  the  licence  of  the  Legislature  of  this  State  therefor,  on 
penalty  that  any  Cashier,  Director  or  other  officer  who  shall  so  di- 
vide or  pay  the  same,  or  order,  direct  or  cause  the  same  to  be  done, 
shall  therefor,  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars,  nor  less  than  one  thousand  dollars.  Provided  nevertheless, 
that  it  shall  be  lawful  for  the  stockholders,  after  having  given  one 
years  previous  notice  of  their  intention,  by  advertisement  in  two 
newspapers  published  in  this  State,  and  after  payment  of  all  out- 
standing debts  due  from  said  Bank,  to  make  division  of  the  capital 
stock  among  themselves  and  thereby  dissolve  said  Corporation. 

3.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank  by  any  means  what- 
ever, it  shall  be  the  duty  of  the  directors  in  their  next  annual  return 
of  the  condition  of  said  Bank  by  law  required  to  be  made  to  the 
Governor  and  Council,  to  state  the  amount  of  such  diminution  or 
loss,  and  the  cause  thereof;  and  after  such  loss  or  diminution,  no 
dividend  of  interest  or  profit  shall  be  made,  until  such  loss  or  diminu- 
tion shall  have  been  replaced  and  supplied  by  assessments  and  actual 
payments  of  the  stockholders,  or  by  appropriations  therefor  of  the 
interest  and  profit  actually  received. 

4.  That  said  Corporation  shall  not  vest,  use  nor  improve  any  of 
their  monies,  goods,  chattels  or  effects,  in  trade  or  commerce;  but 
may  sell  all  kinds  of  personal  pledges,  lodged  in  their  possession 
by  way  of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  Corporation,  being  a  citizen 
of  this  State,  and  resident  therein,  shall  be  eligible  for  a  director, 
and  the  directors  shall  choose  one  of  their  own  number  to  act  as 
President.  The  Cashier,  before  he  enters  upon  the  duties  of  his 
office  shall  give  bond  with  two  or  more  sureties,  to  the  satisfaction 
of  the  Board  of  Directors,  in  a  sum  not  less  than  twenty  five  thousand 
dollars,  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office. 

6.  That  for  the  well  ordering  of  the  affairs  of  said  Bank  or  Cor- 
poration, a  meeting  of  the  stockholders  shall  be  holden  at  such  place, 
as  they  shall  direct  on  the  first  Monday  of  March,  annually,  from 
and  after  their  first  meeting,  and  at  any  other  time  during  the  con- 
tinuance of  said  Corporation,  at  such  place  as  may  be  appointed  by 
the  President  and  Directors,  for  the  time  being,  by  public  notice  be- 
ing given  at  least  two  weeks  prior  thereto;  at  which  annual  meeting 
there  shall  be  chosen  by  ballot  seven  Directors,  to  continue  in  office 
the  year  ensuing  their  election,  and  until  others  are  chosen  in  their 


•    LAWS  OF   NEW  HAMPSHIRE  777 

stead;  and  the  number  of  votes  to  which  each  stockholder  shall  be 
entitled,  shall  be  according  to  the  number  of  shares  he  shall  hold, 
in  the  following  proportion;  that  is  to  say,  for  every  one  share  one 
vote;  for  every  two  shares  above  one,  and  not  exceeding  twenty, 
one  vote,  for  every  three  shares  above  twenty,  one  vote;  provided 
that  no  one  stockholder  shall  be  entitled  to  more  than  fifteen  votes. 
Absent  members  may  vote  by  proxy — being  authorized  in  writing, 
signed  by  the  person  represented  and  filed  with  the  Cashier. 

7.  That  no  Director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  no  less  than  four  Directors  shall  constitute  a  board  for 
the  transaction  of  business,  of  whom  the  President  shall  be  one, 
except  in  case  of  sickness,  or  necessary  absence,  in  which  case  the 
Directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9.  That  all  bills  issued  from  said  Bank,  signed  by  the  President 
and  countersigned  by  the  cashier,  shall  be  binding  on  said  Corpora- 
tion, fk 

10.  That  the  Directors  shall  appoint  a  Cashier,  Clerks  and  such 
other  agents  or  servants  for  conducting  the  business  of  the  Bank, 
with  such  salaries  as  to  them  shall  seem  just  and  proper. 

11.  That  the  aforesaid  Bank  shall  be  established  and  kept  in 
the  town  of  Lebanon  in  the  County  of  Grafton. 

12.  That  the  Legislature  shall  at  all  times  have  the  right  by  per- 
sons duly  appointed  for  that  purpose  to  examine  into  the  state  and 
condition,  and  all  the  doings  and  transactions  of  said  Corporation, 
and  of  their  officers  relating  to  the  same;  for  which  purpose  all  the 
books  and  papers  of  the  Corporation  together  with  their  monies  and 
securities  for  money,  shall  be  exhibited  and  submitted  to  the  in- 
spection and  examination  of  such  persons  so  appointed,  and  each 
officer  shall  answer  on  oath  if  required  all  suitable  and  proper  inter- 
rogatories relating  to  the  state,  condition  or  transactions  of  said 
Bank. 

Section  4.  And  be  it  further  enacted,  That  the  said  Timothy 
Kenrick,  Samuel  Selden,  Alpheus  Baker,  or  any  two  of  them  may 
call  a  meeting  of  the  members  of  said  Corporation,  at  such  time 
and  place  as  they  may  deem  proper  by  giving  public  notice  thereof 
at  least  two  weeks  prior  to  the  time  of  meeting,  by  posting  up  noti- 
fications therefor  at  some  public  place  in  each  of  the  towns  of  Leb- 
anon, Hanover,  Enfield  and  Plainfield,  for  the  purpose  of  making, 
ordaining  and  establishing  such  by  laws,  ordinances  and  regulations 
as  the  said  members  may  deem  necessary,  and  for  the  choice  of  the 
first  Board  of  Directors,  and  such  other  officers  as  they  may  see  fit 
to  choose. 

Section  5.     And  be  it  further  enacted,  That  all  penalties  incurred 


77$  LAWS  OF   NEW   HAMPSHIRE 

for  a  breach  of  any  of  the  provisions  of  this  act,  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 

Section  6.  And  be  it  further  enacted,  That  if  said  Corporation 
shall  not  be  organized  and  in  operation,  and  shall  not  have  actually 
paid  to  the  Treasurer  of  this  State,  on  or  before  the  second  Wednes- 
day of  June,  which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty — one  half  of  one  per  cent,  on  the  amount 
which  shall  constitute  the  capital  stock  of  said  Bank,  agreeably  to 
the  provisions  of  the  act  to  establish  a  literary  fund,  to  be  collected 
from  the  several  banking  corporations  in  this  State,  passed  June  20, 
1 82 1.  in  that  case,  this  act  and  every  part  thereof  shall  be  void  and 
of  no  effect. 


[CHAPTER  59.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  sundry  persons  by  the  name  of  the 
President  Directors  and  Company  of  the  Derry  Bank. 

[Approved  December  23,  1828.  Acts,  vol.  26,  p.  79.  See  also  acts  of  June 
16,  1831,  id.,  vol.  28,  p.  10;  June  22,  1848,  Session  Laws,  1848,  June  session, 
Chap.  668;  December  22,  1848,  id.,  November  session,  Chap.  788,  and  July 
13,  1855,  id.,  1855,  Chap.   1771.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Alanson  Tucker,  William 
Choat  Jr.  James  Thorn,  Charles  Redfield,  Christopher  S.  Thorn, 
Joseph  Doe  and  John  Porter  and  their  Associates  and  those  who  may 
hereafter  become  associates  in  said  Bank  their  successors  and  as- 
signs, be,  and  they  hereby  are  created  and  made  a  Corporation  by 
the  name  of  the  President  Directors  and  Company  of  the  Derry 
Bank,  and  shall  so  continue  until  the  first  day  of  January,  which 
will  be  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty  nine,  and  by  that  name  shall  be  and  hereby  are  made  capable 
in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended  in  any  Court  of  record  or  any  other  place  whatsoever,  and 
also  to  make,  have  and  use  a  common  seal,  and  the  same  at  pleasure 
to  break,  alter  or  renew,  and  also  to  ordain,  establish  and  put  in  exe- 
cution such  by  laws  ordinances  and  regulations,  not  repugnant  to 
the  laws  of  this  State,  as  to  them  shall  seem  necessary  and  convenient 
for  their  regulation  and  government,  and  for  the  prudent  manage- 
ment of  the  affairs  of  said  Corporation;  subject  always  to  the  rules, 
restrictions,  limitations  and  provisions  hereinafter  prescribed. 

Section  2.  And  be  it  further  enacted,  That  the  capital  or  joint 
stock  of  said  Corporation  shall  consist  of  a  sum  not  less  than  one 


LAWS  OF  NEW  HAMPSHIRE  77.9 

hundred  thousand  dollars,  nor  more  than  two  hundred  thou- 
sand dollars  in  specie,  and  shall  be  divided  into  one  thousand  shares, 
and  the  stockholders  shall  at  their  first  meeting  or  at  an  adjourn- 
ment thereof  by  a  majority  of  votes,  determine  the  amount  of  pay- 
ments to  be  made  on  each  share,  and  the  time  when  and  where  they 
shall  be  made;  also  the  manner  of  transferring  and  disposing  of  the 
stock  and  the  profits  thereof,  which  being  entered  on  the  books  of 
said  Corporation  shall  be  binding  on  the  stockholders,  their  suc- 
cessors and  assigns.  Provided  that  no  stockholder  shall  be  allowed 
to  borrow  at  said  Bank  until  he  shall  have  paid  in  his  full  proportion 
of  said  sum  of  one  hundred  thousand  dollars  at  least.  Provided  also 
that  no  stockholder  shall  in  any  case  be  allowed  to  borrow  more  than 
fifty  per  cent  on  his  capital  stock  so  paid  in.  And  said  Corporation 
is  hereby  made  capable  in  law  to  have,  hold,  purchase  and  receive, 
possess,  enjoy  and  retain  to  them,  their  successors  and  assigns,  lands, 
tenements  and  hereditaments  to  the  amount  of  ten  thousand  dollars 
and  no  more  at  any  one  time,  with  power  to  bargain,  sell,  dispose  of 
and  convey  the  same,  and  to  loan  and  negotiate  their  monies  and 
effects  by  discounting  on  banking  principles  on  such  personal  se- 
curity as  they  shall  think  advisable. 

Section  3.  And  be  it  further  enacted,  That  the  following  rules, 
restrictions,  limitations  and  provisions  shall  form  and  be  the  fun- 
damental articles  of  said  Corporation. 

1  .  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation at  any  one  time  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in  at  such 
time  and  then  composing  the  capital  stock  of  said  Bank,  and  in  case 
any  Cashier,  Director  or  other  Officer  of  said  Bank  at  any  time  shall 
knowingly  issue  or  order,  direct  or  cause  to  be  issued  and  put  in  cir- 
culation, bills,  notes  or  obligations  of  said  Bank  which  together 
with  those  before  issued  and  then  in  circulation  shall  exceed  the 
amount  of  the  capital  stock  of  said  Bank  as  aforesaid,  such  cashier, 
Director  or  other  Officer  shall  forfeit  and  pay  a  sum  not  exceeding 
ten  thousand  dollars  nor  less  than  one  thousand  dollars. 

2.  That  dividends  may  be  made  semiannually  among  the  stock-- 
holders  of  said  Bank  of  interest  or  profits  actually  received;  but  no 
part  of  the  capital  stock  of  said  Bank  shall  be  divided  among  or 
paid  to  the  stockholders  either  before  or  after  the  expiration  of 
the  time  limited  by  this  act  for  the  continuance  of  said  Corporation, 
without  the  license  of  the  Legislature  of  this  State  therefor,  on 
penalty  that  any  Cashier,  Director  or  other  Officer  who  shall  so  di- 
vide or  pay  the  same,  or  order,  direct  or  cause  the  same  to  be  done, 
shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thousand 
dollars,  nor  less  than  one  thousand  dollars.  Provided  nevertheless, 
that  it  shall  be  lawful  for  the  stockholders  after  having  given  one 
years  previous  notice  of  their  intention  by  advertisement  in  two 


78o  LAWS  OF   NEW  HAMPSHIRE 

newspapers  published  in  this  State  and  after  payment  of  all  out- 
standing debts  due  from  said  Bank,  to  make  division  of  the  capital 
stock  among  themselves  and  thereby  dissolve  said  Corporation. 

3.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the 
sum  composing  the  capital  stock  of  said  Bank  by  any  means  what- 
ever, it  shall  be  the  duty  of  the  directors  in  their  next  annual  return 
of  the  condition  of  said  Bank  by  law  required  to  be  made  to  the 
Governor  and  Council  to  state  the  amount  of  such  diminution  or 
loss  and  the  cause  thereof,  and  after  such  loss  or  diminution  no 
dividend  of  interest  or  profit  shall  be  made  until  such  loss  or  diminu- 
tion shall  have  been  replaced  and  supplied  by  assessments  and  actual 
payment  of  the  stockholders  or  by  appropriations  therefor  of  the 
interest  and  profit  actually  received. 

4.  That  said  Corporation  shall  not  vest,  use  nor  improve  any  of 
their  monies,  goods,  chattels  or  effects  in  trade  or  commerce;  but 
may  sell  all  kinds  of  personal  pledges,  lodged  in  their  possession 
by  way  of  security  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  Corporation  being  a  citizen 
of  this  State,  and  resident  therein,  shall  be  eligible  for  a  director, 
and  the  directors  shall  choose  one  of  their  own  number  to  act  as 
President.  The  Cashier,  before  he  enters  upon  the  duties  of  his 
office  shall  give  bond  with  two  or  more  sureties  to  the  satisfaction 
of  the  board  of  Directors  in  a  sum  not  less  than  twenty  five  thousand 
Dollars  with  condition  for  the  faithful  performance  of  the  duties 
of  his  office. 

6.  That  for  the  well  ordering  of  the  affairs  of  said  Corporation 
a  meeting  of  the  stockholders  shall  be  holden  at  such  place  as  they 
shall  direct  on  the  first  Monday  of  March  Annually  from  and  after 
their  first  meeting  and  at  any  other  time  during  the  continuance  of 
said  corporation  at  such  place  as  may  be  appointed  by  the  President 
and  Directors  for  the  time  being  by  public  notice  being  given  at  least 
two  weeks  prior  thereto,  at  which  annual  meeting  there  shall  be 
chosen  by  ballot  seven  directors  to  continue  in  office  the  year  ensuing 
their  election  and  until  others  are  chosen  in  their  stead  and  the  num- 
ber of  votes  to  which  each  stockholder  shall  be  entitled  shall  be 
according  to  the  number  of  shares  he  shall  hold  in  the  following 
proportion,  that  is  to  say,  for  every  one  share  one  vote,  for  every  two 
shares  above  one  and  not  exceeding  twenty,  one  vote,  for  every 
three  shares  above  twenty,  one  vote,  provided  that  no  one  stock- 
holder shall  be  entitled  to  more  than  fifteen  votes.  Absent  members 
may  vote  by  proxy  being  authorized  in  writing,  signed  by  the  person 
represented  and  filed  with  the  Cashier. 

7  That  no  Director  shall  be  entitled  to  any  emolument  for  his 
services:  but  the  stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 


LAWS  OF   NEW  HAMPSHIRE  7^1 

8.  That  no  less  than  four  Directors  shall  constitute  a  board  for 
the  transaction  of  business,  of  whom  the  President  shall  be  one, 
except  in  case  of  sickness  or  necessary  absence,  in  which  case  the 
Directors  present  may  choose  a  chairman  for  the  time  being  in  his 

g.  That  all  bills  issued  from  said  Bank  signed  by  the  President 
and  countersigned  by  the  Cashier  shall  be  binding  on  said  Corpora- 
tion. 

10.  That  the  Directors  shall  appoint  a  Cashier,  clerks,  and  such 
other  agents  or  servants,  for  conducting  the  business  of  the  Bank 
with  such  salaries  as  to  them  shall  seem  just  and  proper. 

ii.  That  the  aforesaid  Bank  shall  be  established  and  kept  in 
the  town  of  Derry  in  the  County  of  Rockingham. 

12.  That  the  Legislature  shall  at  all  times  have  the  right,  by 
persons  duly  appointed  for  that  purpose,  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion and  of  their  officers  relating  to  the  same;  for  which  purpose  all 
the  books  and  papers  of  the  corporation,  together  with  their  monies 
and  securities  for  money  shall  be  exhibited  and  submitted  to  the 
inspection  and  examination  of  such  persons  so  appointed  and  each 
officer  shall  answer  on  oath,  if  required,  all  suitable  and  proper 
interrogatories  relating  to  the  state,  condition  or  transactions  of  said 
Bank. 

Section  4  And  be  it  further  enacted,  That  the  said  Alanson 
Tucker,  John  Porter  and  James  Thorn,  or  any  two  of  them,  may 
call  a  meeting  of  the  members  of  said  Corporation,  at  such  time  and 
place  as  they  may  deem  proper,  by  giving  public  notice  thereof  at 
least  two  weeks  prior  to  the  time  of  meeting,  by  posting  up  notifi- 
cations therefor  at  some  public  place  in  each  of  the  towns  of  Derry, 
Londonderry  and  Chester,  for  the  purpose  of  making,  ordaining  and 
establishing  such  by  laws,  ordinances  and  regulations  as  the  said 
members  may  deem  necessary,  and  for  the  choice  of  the  first  board 
of  Directors  and  such  other  officers  as  they  may  see  fit  to  choose. 

Section  5.  And  be  it  further  enacted,  That  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 

Section  6.  And  be  it  further  enacted,  That  if  said  Corporation 
shall  not  be  organized  and  in  operation,  and  shall  not  have  actually 
paid  to  the  Treasurer  of  this  State,  on  or  before  the  second  Wednes- 
day of  June,  which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty, — one  half  of  one  per  cent  on  the  amount 
which  shall  constitute  the  capital  stock  of  said  Bank,  agreeably  to 
the  provisions  of  the  Act  to  establish  a  Literary  fund  to  be  collected 
from  the  several  banking  corporations  in  this  State,  passed  June 
20.  182 1,  in  that  case  this  act  and  every  part  thereof  shall  be  void 
and  of  no  effect 


782  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  60.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  incorporate  certain  persons  by  the  name  and  style 
of  the  Merrimack  Society  for  the  cultivation  of  Martial 
Music. 

[Approved  December  23,  1828.     Acts,  vol.  26,  p.  89.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  David  P.  Foster,  John 
Campbell,  William  Wheeler  and  their  associates,  and  those  who  may 
hereafterwards  become  associates  with  them  their  successors  and 
assigns,  are  hereby  made  a  corporation  by  the  name  of  the  Merri- 
mack Society  for  the  cultivation  of  Martial  Music,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend,  and  may  make  and 
establish  by  laws  for  the  government  of  the  corporation  and  man- 
agement of  its  affairs  not  repugnant  to  the  Constitution  and  Laws 
of  this  State.  Provided  that  this  act  shall  not  be  so  construed  as  to 
relieve  the  corporators  from  any  military  duty  or  give  them  any 
precedence  on  any  military  parade. 

Section  2.  And  be  it  further  enacted,  That  said  corporation  may 
receive,  hold  and  transfer  any  estate,  the  annual  income  of  which 
shall  not  exceed  one  hundred  dollars. 

Section  3.  And  be  it  further  enacted,  That  the  persons  before 
named,  or  either  of  them  may  call  the  first  meeting  of  said  Society 
at  any  place  in  the  town  of  Merrimack,  by  posting  a  notice  thereof, 
at  the  meeting  house  in  said  Merrimack  at  least  ten  days  before  the 
time  of  holding  said  meeting. 

Section  4.  And  be  it  further  enacted,  That  the  Legislature  may 
at  any  time  alter  or  annul  this  act  of  incorporation  when  deemed 
expedient. 


LAWS  OF   NEW   HAMPSHIRE  783 

[CHAPTER  61.] 

State  of  I 

New  Hampshire.  J 

An  act  to  incorporate  the  Trustees  of  Lancaster  Academy  in 
the  Town  of  Lancaster. 

[Approved  December  24,  1828.  Acts,  vol.  26,  p.  93.  See  also  acts  of 
December  10,  1808,  Laws  of  New  Hampshire,  vol.  7,  p.  712;  July  2,  1831, 
Acts,  vol.  28,  p.  197,  and  July  3,  1872,  Session  Laws,  1872-76,  p.  81.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  be,  and  hereby  is 
established  in  the  Town  of  Lancaster  an  Academy  by  the  name  of 
Lancaster  Academy. 

Section  2.  And  be  it  further  enacted,  That  William  Lovejoy, 
John  W.  Weeks,  Jared  W.  Williams,  Richard  Eastman,  William 
Farrar,  Thomas  Carlisle,  Samuel  A  Pearson,  Reuben  Stephenson  and 
Adino  N.  Brackett,  are  hereby  made  a  body  corporate  by  the  name 
of  the  Trustees  of  Lancaster  Academy,  by  which  name  they  may  be 
sued  in  all  actions,  and  prosecute  and  defend  the  same  to  final  judg- 
ment and  execution.  And  the  number  of  said  Trustees,  shall  not, 
at  any  time  be  more  than  nine,  nor  less  than  five;  five  of  whom  shall 
be  a  quorum  for  the  transaction  of  business. 

Section  3.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said and  their  successors,  shall  be  the  Trustees  and  Governors  of 
said  Academy  with  continuance  and  succession  forever,  with  power 
to  establish  such  by  laws  and  regulations,  and  to  appoint  such  officers 
for  the  government  of  said  Academy,  as  to  them  may  seem  requisite 
and  proper.  And  as  often  as  any  vacancy  or  vacancies  shall  occur  in 
said  board  of  Trustees  by  death,  resignation  or  otherwise,  a  majority 
of  the  Trustees  remaining  shall  by  ballot  fill  such  vacancy  or  vacan- 
cies. 

Section  4.  And  be  it  further  enacted,  That  the  Trustees  afore- 
said and  their  successors  be,  and  they  hereby  are  rendered  capable 
in  law  to  take  by  gift,  grant,  devise,  bequest  or  otherwise  real  and 
personal  estate  to  the  value  of  ten  thousand  dollars,  to  have  and  to 
hold  the  same  on  such  conditions  as  may  be  expressed  in  any  will, 
deed  or  other  instrument  of  conveyance,  which  may  be  made  to  them, 
and  which  the  said  Trustees  may  use  and  employ,  sell  and  dispose  of 
at  pleasure,  for  the  benefit  of  said  Academy.  And  all  deeds,  leases 
and  other  instruments  made  and  executed  by  the  Treasurer  of  said 
Corporation  in  pursuance  of  any  vote  of  the  said  Trustees,  shall  bind 
said  trustees  and  their  successors  and  be  valid  in  law. 

Section  5.  And  be  it  further  enacted,  That  Jared  W.  Williams 
may  call  the  first  meeting  of  said  Trustees,  by  giving  each  of  them 
personal  notice  of  the  time  place  and  object  of  said  meeting  four 
days  at  least,  prior  to  said  meeting. 


784  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  62.] 

State  0}  I 

New  Hampshire,  j 

An  act  to  incorporate  the  town  of  Franklin. 

[Approved  December  24,  1828.  Acts,  vol.  26,  p.  95.  Session  Laws,  1828, 
Chap.  62.    Laws,  1830  ed.,  p.  314.] 

Whereas  a  number  of  the  Inhabitants  of  Salisbury,  Andover, 
Sandbornton  and  Northfield  have  presented  to  the  General  Court  a 
Petition  for  a  Town,  to  be  composed  of  parts  of  said  Towns  to  be 
incorporated  as  a  separate  Town,  and  the  prayer  thereof  appearing 
reasonable,  Therefore: 

Section  1.  Be  it  enacted,  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court,  convened,  That  there  be,  and  hereby  is 
a  Town  erected  and  incorporated  by  the  name  of  Franklin,  with  the 
following  bounds,  viz,  Beginning  on  the  Merrimack  River,  where  the 
line  between  Salisbury  and  Boscawen  commences,  thence  South 
about  70  Degrees  west,  following  the  line  between  said  Towns  to 
the  Southwest  corner  of  lot  No.  10  in  the  first  range  of  lots  in  Salis- 
bury, thence  North  six  degrees  East  following  the  westerly  line  of 
said  lot  to  a  stone  monument  at  the  Northwest  corner  of  said  lot, 
thence  North  four  rods  across  the  first  range  way  in  Salisbury, 
thence  South  about  73  Degrees  West  to  a  stone  marked  C.B.  at  the 
Southwest  corner  of  Lot  No.  11.  in  the  second  range  of  lots  in  Salis- 
bury, thence  North  six  Degrees  West  on  the  Westerly  line  of  said 
lot  to  the  Northwest  corner  of  said  lot  on  the  South  side  of  the  Centre 
Road  so  called,  thence  South  about  730  West  63?  rods,  thence  North 
four  rods  across  the  road,  thence  South  about  73  Deg.  West  63^  rods 
to  a  stone  marked  C.B.  at  the  Southwest  corner  of  lot  No.  61  in  the 
third  range  of  lots  in  Salisbury,  thence  North  14  Deg.  East  on  the 
Westerly  line  of  said  lot  474  rods  to  a  stone  marked  C.B.  at  the 
South  side  of  the  road,  thence  North  about  73  Deg.  East  following 
the  course  of  the  Range  way,  to  the  Southwest  corner  of  lot  No.  52 
in  the  4th  range  of  lots  in  said  Salisbury,  thence  North,  following  the 
westerly  line  of  said  lot  to  a  Stake  and  Stones  on  the  line  between 
Salisbury  and  Andover,  thence  South  about  73  Deg.  West  following 
said  line  55  rods  to  a  stake  and  stones  at  the  Southwest  corner  of 
lot  No.  19  in  the  first  range  of  lots  in  Andover,  thence  North  about 
7  Deg.  west  to  the  Northwest  corner  of  said  lot  No.  19.  and  at  the 
Southwest  corner  of  lot  No.  20.  in  the  second  range  of  lots  in  An- 
dover, thence  following  the  Westerly  line  of  lot  No.  20.  aforesaid 
320  rods  to  a  Birch  tree  spotted,  thence  North  73  Degrees  East  nine- 
teen rods,  thence  North  four  rods  across  the  road  to  the  Southwest 
corner  of  lot  No.  61.  in  the  third  range  of  lots  in  said  Andover,  thence 


LAWS  OF   NEW   HAMPSHIRE  785 

North  about  17  Degrees  West  on  the  Westerly  line  of  said  lot  until 
you  strike  the  fourth  range  way  in  Andover  aforesaid,  thence  across 
said  range  way  to  the  Southwest  corner  of  lot  No.  62.  in  the  fourth 
range  of  lots  in  said  Andover,  thence  Northerly  on  the  West  line  of 
said  lot  to  the  line  of  New  Chester,  thence  Easterly  on  the  South 
line  of  said  New  Chester  to  Pemigewasset  River  thence  passing  down 
said  River  to  the  eastern  shore  where  the  sixth  range  way  in  Sand- 
bornton  strikes  the  said  River,  thence  North  about  77  degrees  East 
following  the  middle  of  said  range  way  257  rods  to  the  Northeast 
corner  of  lot  No.  67.  in  the  sixth  range  of  lots  in  Sandbornton,  thence 
South  about  13  Degrees  East  on  the  Easterly  line  of  said  lot  one 
hundred  and  sixty  rods  to  a  stone  monument  on  the  fifth  range  way 
in  Sandbornton,  thence  South  13  Degrees  East  on  the  Easterly  line 
of  lot  No.  22.  in  the  fifth  range  of  lots  in  said  Sandbornton  186  rods 
to  a  stake  on  the  fourth  range  way,  thence  North  77  Degrees  East 
to  the  North  East  corner  of  lot  No.  31  in  said  fourth  range  thence 
South  13  Degrees  East  on  the  Easterly  line  of  said  lot  186  rods  to 
a  stake  and  stones  on  the  south  side  line  of  the  third  range  way  in 
Sandbornton,  thence  South  about  77  Deg.  West  84  rods  to  the  North 
East  corner  of  lot  No.  61.  in  the  3d  range  of  lots  in  said  Sandborn- 
ton, thence  South  13  Degrees  East  206  rods  on  the  Easterly  side  of 
said  lot  to  a  stake  and  stones  on  the  North  side  of  the  road,  thence 
South  about  77  Degrees  West  56  rods,  thence  South  across  the  road 
to -a  stake  &  Stones  at  the  North  East  corner  of  lot  No.  69  in  the 
second  range  of  lots  in  Sandbornton,  thence  South  13  Degrees  East 
on  the  Easterly  line  of  said  lot  No.  69,  270  Rods  to  a  Maple  tree, 
thence  North  77  Degrees  East  eight  Rods,  thence  South  13  Degrees 
East  66  rods  to  a  stake  and  stones  on  the  bank  of  the  River 
Winnipisseogee,  thence  down  said  River,  thence  South  across  said 
River  to  a  hemlock  tree  marked,  being  the  corner  of  lots  No.  7. 
and  8.  in  Northfield,  thence  South  140  rods  to  the  North  side  of  a 
range  way,  thence  west  72  rods  to  the  west  side  of  the  Leighton  road 
in  Northfield.  thence  South  on  the  Westerly  side  of  said  road  307. 
rods,  thence  East  four  rods  to  the  Easterly  side  of  said  road,  thence 
South  307  rods,  thence  West  along  the  Northerly  line  of  lot  No.  175. 
in  the  first  range  of  lots  in  said  Northfield  199  rods  to  a  stake  and 
stones  at  the  Northwest  corner  of  said  lot,  thence  West  62  rods  to 
a  white  Birch  tree,  marked,  on  the  bank  of  the  River  Merrimack, 
thence  down  and  across  said  River  to  the  bound  first  mentioned. 
And  that  the  parts  of  said  Towns  of  Salisbury,  Andover,  Sandborn- 
ton and  Northfield,  within  those  bounds,  be  separated  from  the  said 
Towns  respectively,  and  that  the  Inhabitants,  who  now  reside,  or 
may  hereafter  reside  within  those  bounds  aforesaid,  be,  and  hereby 
are  made  and  constituted  a  distinct  body  politic  and  corporate  by 
the  name  of  Franklin,  to  have  continuance  and  succession  forever, 
and  vested  with  all  the  rights,  powers,  privileges  and  immunities, 

50 


7^6  LAWS  OF   NEW  HAMPSHIRE 

which  other  Towns  in  this  State  enjoy;  Provided  nevertheless,  that 
all  town  officers  residing  within  the  limits  of  the  town  of  Franklin 
who  were  chosen  by  the  Towns  of  Salisbury,  Andover,  Sandbornton 
and  Northfield,  shall  continue  in  their  respective  offices  during  the 
time  for  which  they  were  elected;  and  all  taxes  which  have  been 
assessed  shall  be  levied,  collected,  expended  and  applied  in  the  same 
manner  as  if  this  act  had  not  been  passed. 

Section  2.  And  be  it  further  enacted,  That  Parker  Noyes,  John 
Simonds,  Dearborn  Sandborn  and  Edward  Leighton,  or  any  three  of 
them,  may  call  the  first  meeting  of  said  Franklin,  by  giving  such 
notice  of  the  time,  place  and  design  of  said  meeting  as  the  law  re- 
quires for  calling  Town  meetings,  and  either  of  said  persons  may 
preside  at  such  meeting  until  a  Moderator  shall  be  chosen,  and  all 
Town  Officers  necessary  and  proper  may  be  chosen  at  such  meet- 
ing, who  shall  be  sworn,  and  have  all  the  powers  and  be  subject  to 
all  the  liabilities  by  law  appertaining  to  such  like  Town  Officers. 

Section  3.  And  be  it  further  enacted,  That  the  funds  belonging 
to  the  Towns  of  Salisbury,  Sandbornton  and  Northfield  severally  be 
divided,  and  that  the  Town  of  Franklin  have  and  receive  such  pro- 
portion of  said  funds,  as  the  State  taxes  of  the  year  A.D.  1828  as- 
sessed on  the  part  of  each  Town  included  as  aforesaid  in  the  Town 
of  Franklin,  bears  to  the  amount  of  the  State  taxes  of  the  same 
Towns  respectively  for  the  same  year,  to  be  applied  to  uses  similar 
to  those  for  which  the  said  funds  were  originally  intended;  and  the 
said  Town  of  Franklin  shall  also  in  the  same  proportion  pay  their 
part  of  all  the  debts  existing  against  either  of  the  aforesaid  Towns 
at  the  time  of  the  passage  of  this  act.  And  also  in  the  same  propor- 
tion shall  pay  their  part  of  all  the  existing  expense  of  maintaining 
and  supporting  the  paupers  now  supported  by  said  towns,  providing 
that  the  full  share  of  said  expense  does  not  fall  to  said  Town  of 
Franklin  by  the  provisions  of  this  bill  and  the  existing  laws.  And 
the  right  or  interest  which  any  person  or  School  District  now  has 
in  any  School  House  or  land  whereon  a  School  House  is  erected,  shall 
not  be  affected  by  this  act. 

Section  4.  And  be  it  further  enacted,  That  the  said  Town  of 
Franklin  and  every  part  thereof  shall  be  and  hereby  is  annexed  to 
the  County  of  Merrimack,  and  shall  be  considered  as  part  of  said 
County,  and  that  said  Town  be  annexed  to  the  Senatorial  District 
Number  four  Hillsborough  Counsellor  District,  and  to  the  twenty 
first  Regiment  of  Militia  in  this  State. 


LAWS   OF   NEW  HAMPSHIRE  787 

[CHAPTER  63.] 


State  oj         I 
New  Hampshire.  \ 


An  act  to  incorporate  certain  persons  by  the  name  of  the 
North  Barnstead  Sacred  Music  Society. 

[Approved  December  24,  1828.    Acts,  vol.  26,  p.  103.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  William  Walker  Jr. 
Thomas  P  Hodgdon,  Samuel  P.  Peavy  and  their  associates  be  and 
hereby  are  made  a  Corporation  by  the  name  of  the  North  Barn- 
stead  Sacred  Music  Society  and  by  that  name  may  sue  and  be  sued, 
prosecute  and  defend  to  final  judgment  and  execution,  and  may 
make  and  establish  by  laws  for  the  government  of  the  Corporation 
not  repugnant  to  the  Constitution  and  laws  of  this  State. 

Section  2.  And  be  it  further  enacted,  That  said  Corporation  may 
receive  hold  and  transfer  any  estate  the  annual  income  of  which  shall 
not  exceed  one  hundred  dollars. 

Section  3.  And  be  it  further  enacted,  That  the  persons  before 
named  or  either  two  of  them  may  call  the  first  meeting  of  said  Cor- 
poration by  posting  up  a  notification  expressing  the  time,  place  and 
design  of  said  meeting  at  the  North  Meeting  House  in  the  Town  of 
Barnstead  at  least  ten  days  before  the  day  of  holding  the  same. 


[CHAPTER  64.] 


State  of  \ 

New  Hampshire.  ] 


An  act  in  addition  to  an  act,  entitled  "an  act  in  addition  to 
an  act,  entitled  an  act  directing  the  proceedings  against 
the  Trustees  of  absconding  debtors." 

[Approved  December  24,  1828.  Acts,  vol.  26,  p.  105.  Session  Laws,  1828, 
Chap.  64.  See  acts  of  February  12,  1791,  Laws  of  New  Hampshire,  vol.  5, 
p.  678;  July  2,  1825,  ante,  p.  469;  July  3,  1829,  Session  Laws,  1829,  Chap. 
47;  June  28,  1834,  id.,  1834,  Chap.  163;  June  24,  1835,  id.,  1835,  Chap.  218, 
and  June  30,  1841,  id.,  1841,  Chap.  601.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  when  any  trustee  process  shall  be 
brought  before  any  Justice  of  the  Peace  agreeably  to  the  provisions 
of  the  act  to  which  this  is  an  addition,  the  person  or  party  sum- 
moned as  trustee  shall  not  be  held  liable  to  appear  or  answer  in 
said  process  unless  the  place  appointed  for  the  return  and  hearing 


7^8  LAWS   OF   NEW  HAMPSHIRE 

of  the  same  shall  be  within  the  town  where  such  party  so  summoned 
as  trustee  shall  reside — any  thing  in  said  act  to  the  contrary  not- 
withstanding. 


[CHAPTER  65.] 

State  of  I 

New  Hampshire.  ] 

An  act  to  incorporate  the  South  Central  Social  Library  in 
Sutton. 

[Approved  December  24,  1828.     Acts,  vol.  26,  p.  106.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  John  Pillsbury,  Edward 
Dodge,  Daniel  Carr  their  Associates  and  Successors  are  hereby 
made  a  Corporation  by  the  name  of  the  Proprietors  of  the  South 
Central  Social  Library  in  Sutton,  with  power  to  hold  personal  estate 
not  exceeding  one  thousand  dollars  in  value  for  the  support  of  said 
Library  and  with  all  the  powers  incident  to  Corporations  of  a  simi- 
lar nature. 

Section  2.  And  be  it  further  enacted,  That  John  Pillsbury  Ed- 
ward Dodge  and  Daniel  Carr  or  either  two  of  them  may  call  the  first 
meeting  of  said  Corporation  by  posting  up  a  notice  thereof  at  two 
public  places  in  the  town  of  Sutton  at  least  ten  days  prior  to  the 
time  of  holding  the  same. 


[CHAPTER  66.] 

State  of  \ 

New  Hampshire.  \ 

An  act  for  the  more  speedy  recovery  of  small  debts. 

[Approved  December  25,  1828.  Acts,  vol.  26,  p.  107.  Session  Laws,  1828, 
Chap.  66.  Laws,  1830  ed.,  p.  57.  This  act  repeals  acts  of  June  28,  1787, 
Laws  of  New  Hampshire,  vol.  5,  p.  265;  December  16,  1796,  id.,  vol.  6,  p.  380, 
and  December  20,  1808,  id.,  vol.  7,  p.  730.  See  also  acts  of  November  9, 
1785,  id.,  vol.  5,  p.  101,  and  June  28,  1787,  id.,  p.  268.  Repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  any  person  or  persons 
may  voluntarily  appear  before  any  Justice  of  the  Peace'  in  the 
Countv  where  he,  she  or  they  live,  and  confess  that  he,  she  or  they 
do  justly  owe  and  stand  indebted  to  any  other  person  or  persons,  in 
any  sum  not  exceeding  two  hundred  dollars,  and  consent  that  a 


LAWS  OF  NEW  HAMPSHIRE  789 

record  thereof  be  made,  and  execution  issue  accordingly  or  be 
stayed  for  such  term  as  may  be  agreed  by  the  parties;  and  the 
Justice  is  hereby  authorized  and  directed  to  make  a  fair  record  of 
such  confession  and  agreement  and  to  order  the  person  or  persons 
so  confessing,  and  likewise  the  creditor  or  his  agent  to  sign  the 
same,  and  he  shall  enter  up  judgment  on  the  same  confession  and 
issue  execution  according  to  such  judgment.  And  such  justice  shall 
enter  on  the  evidence  of  the  demand  the  sum  for  which  judgment 
was  confessed  together  with  the  time  and  place  of  doing  the  same 
and  keep  such  evidence  in  a  proper  file. 

Section  2.  And  be  it  further  enacted,  That  such  execution  may 
be  served  in  the  same  manner  within  the  same  County  as  executions 
issued  on  judgments  of  the  Court  of  Common  Pleas  may  by  law  be 
served. 

Section  3.  And  be  it  further  enacted,  That  any  two  or  more  per- 
sons having  a  controversy  between  them  of  two  hundred  dollars 
value  or  under,  may  apply  to  a  Justice  of  the  Peace  and  enter  into  a 
rule  to  refer  the  same  to  such  person  or  persons  as  they  may  choose. 
And  the  said  Justice  is  hereby  empowered  to  receive  the  report  of 
such  referees,  enter  up  judgment  thereon,  and  issue  execution  for 
the  damages  and  costs  of  suit.  Provided  the  damages  do  not  exceed 
the  sum  of  two  hundred  dollars,  which  report  being  received  and 
judgment  entered  thereon  as  aforesaid,  the  same  shall  be  final  and 
conclusive  between  the  parties 

Section  4.  And  be  it  further  enacted,  That  an  act  entitled 
"an  act  for  the  more  speedy  recovery  of  small  debts  and  to  save  the 
cost  usually  attending  the  recovery  thereof  in  the  present  course  of 
the  law,"  passed  on  the  twenty  eighth  day  of  June  A.D.  1787,  an 
act  entitled  "an  act  in  addition  to  an  act  entitled  an  act  for  the  more 
speedy  recovery  of  small  debts  and  to  save  cost  usually  attending 
the  recovery  thereof  in  the  present  course  of  law  passed  on  the  six- 
teenth day  of  December  A.D.  1796.  And  an  act  entitled  "an  act  in 
addition  to  an  act  entitled  an  act  for  the  more  speedy  recovery  of 
small  debts  and  to  save  the  cost  usually  attending  the  recovery 
thereof  in  the  present  course  of  the  law"  passed  December  20th 
A.D.  1808  be.  and  the  same  hereby  are  repealed. 


79°  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  67.] 

State  of  I 

New  Hampshire.  \ 

An  act   to  incorporate   the   proprietors   of   the   Academic 
School  in  Conway. 

[Approved  December  25,  1828.  Acts,  vol.  26,  p.  in.  See  also  act  of  July 
17,  1876,  Session  Laws,  1872-76,  p.  669.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Thomas  Chadbourne, 
Samuel  Willey,  John  L.  Martin,  Elijah  F.  Densmore,  Jeremiah  L. 
Eastman,  Isaac  Merrill,  Gilbert  McMillan,  Elijah  Densmore,  and 
those  who  may  hereafter  associate  with  them,  be,  and  they  hereby 
are  incorporated  and  made  a  body  politic  by  the  name  of  the  Pro- 
prietors of  the  Academic  School  in  Conway;  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion; and  shall  be,  and  hereby  are  vested  with  all  the  powers  and 
privileges  incident  to  corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  Corpora- 
tion be,  and  hereby  is  authorized  and  empowered  to  have,  receive 
and  hold  in  fee  simple,  or  any  less  estate,  by  gift,  grant  or  otherwise, 
any  real  estate,  the  annual  income  of  which  shall  not  exceed  five 
hundred  dollars,  and  personal  estate  not  exceeding  the  sum  of  ten 
thousand  dollars,  and  the  same  may  use  and  employ  in  the  promo- 
tion of  science  and  the  useful  arts;  and,  for  the  benefit  of  said  Cor- 
poration, may  sell,  alienate  and  convey  the  same  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  the  said  Academic 
School  shall  be  located  and  established  in  the  town  of  Conway  in  the 
County  of  Strafford. 

Section  4.  And  be  it  further  enacted,  That  the  said  School  shall 
be  under  the  care,  superintendence  and  control  of  a  board  of  Trus- 
tees, consisting  of  not  less  than  three,  nor  more  than  five  persons, 
of  whom  the  principal  Instructer  in  said  School  shall  be  one,  all  of 
whom  may,  in  case  the  Proprietors  deem  it  expedient,  be  appointed 
annually,  and  continue  in  office  until  others  shall  be  appointed 
in  their  stead.  The  Trustees  shall  have  power  to  appoint  and  dis- 
miss instructers,  and  prescribe  their  duties;  ordain  and  establish 
orders,  rules  and  regulations  for  the  government  of  the  students; 
direct  the  management  and  application  of  the  funds,  and  generally 
control  all  the  concerns  of  the  Institution;  subject  always  to  the 
orders  and  directions  from  time  to  time  of  the  Proprietors. 

Section.  5.  And  be  it  further  enacted.  That  the  said  Thomas 
Chadbourne,  Samuel  Willey  and  Gilbert  McMillan,  or  any  two  of 
them,  may  call  the  first  meeting  of  the  Proprietors,  at  any  con- 
venient time  and  place  by  posting  up  a  notification  for  that  purpose 


LAWS   OF   NEW  HAMPSHIRE  79 l 

at  the  North  Meeting  House  in  said  Conway,  expressing  therein  the 
time,  place  and  design  of  said  meeting,  at  least  fifteen  days  prior 
to  the  day  of  holding  the  same,  at  which,  or  at  any  adjournment  of 
said  first  meeting,  the  Proprietors  may  fix  the  time  of  their  annual 
meeting,  and  agree  on  the  manner  of  calling  their  annual  and  occa- 
sional meetings;  may  elect  a  board  of  Trustees  and  any  other 
officers  and  agents;  may  make  and  establish  such  rules,  regulations 
and  by  laws,  not  repugnant  to  the  laws  of  the  State,  as  they  may 
deem  necessary  or  expedient  for  the  government  of  the  Corpora- 
tion; may  devise  means  for  raising  such  sum  or  sums  of  money  as 
the  exigencies  of  the  Institution  may  require,  and  do  and  transact 
any  business  in  relation  to  the  beneficial  designs  contemplated  by 
the  establishment  of  this  Seminary. 

Section  6.  And  be  it  further  enacted,  That  the  Legislature  may 
at  any  time  hereafter  make  such  alterations  and  amendments  to  this 
act  as  may  be  deemed  necessary  or  expedient. 


[CHAPTER  68.] 


State  of  I 

New  Hampshire.  j 


An  act  to  regulate  bail  in  civil  causes. 

[Approved  December  25,  1828.  Acts,  vol.  26,  p.  115.  Session  Laws,  1828, 
Chap.  68.  Laws,  1830  ed.,  p.  495.  This  act  repeals  acts  of  February  15, 
1791,  Laws  of  New  Hampshire,  vol.  5,  p.  687;  December  15,  1797,  id.,  vol.  6, 
p.  452,  and  June  23,  1818,  id.,  vol.  8,  p.  688.  See  also  acts  of  February  21, 
1794,  id.,  vol.  6,  p.  158,  and  July  6,  1826,  ante,  p.  531.  Repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  where  bail  is  given  upon 
mesne  process,  in  any  civil  action,  for  the  appearance  of  the  party  to 
answer  the  suit  and  to  abide  the  order  or  Judgment  of  the  Court  that 
shall  be  given  thereon,  every  such  surety  or  sureties  shall  be  obliged 
to  satisfy  the  judgment  obtained  against  the  principal,  in  case  of 
the  principal's  avoidance,  and  return  of  non  est  inventus  upon  the 
execution.  And  the  party  for  whom  the  judgment  was  given,  may 
have  a  writ  of  scire  facias  from  the  court  where  the  original  judg- 
ment was  rendered  against  such  surety  or  sureties,  and,  in  case  no 
sufficient  cause  to  the  contrary  is  shewn,  shall  have  judgment 
thereon  against  such  surety  or  sureties,  for  the  damages  and  costs 
recovered  against  the  principal,  with  additional  costs  of  suit,  and 
execution  shall  be  granted  therefor  accordingly.  Provided  always, 
That  in  any  suit  in  the  Court  of  Common  Pleas,  or  in  the  Superior 
Court  of  Judicature,  the  surety  or  sureties,  at  any  time  before  final 
judgment  against  the  principal,  may  bring  the  principal  into  Court, 


792  LAWS   OF   NEW   HAMPSHIRE 

and  move  to  be  discharged;  upon  which  he  shall  be  discharged; 
and  the  court  shall  order  tne  keeper  ol  the  prison  to  receive  him 
into  custody,  so  that  his  body  may  be  taken  in  execution;  and  his 
body  shall  be  holden  the  same  time,  and  in  the  same  manner,  as 
though  he  had  been  committed  on  the  mesne  process  lor  want  oi 
bail. 

And  provided  further,  That  in  any  suit  in  the  Court  of  Common 
Pleas,  or  in  the  Superior  Court  of  Judicature,  the  surety  or  sureties 
may,  at  any  time  alter  the  hnal  judgment  against  the  principal,  and 
after  scire  facias  brought  against  such  surety  or  sureties,  bring  the 
principal  into  court,  and  move  the  Court  to  be  discharged;  where- 
upon the  Court  shall  order  such  surety  or  sureties  to  be  discharged, 
such  surety  or  sureties  paying  down  in  money  to  the  creditor  the 
costs  that  may  have  already  arisen  in  any  suit  against  them.  And 
the  Court  shall  also  order  the  said  principal  debtor  to  be  committed, 
that  the  creditor  may  take  him  in  execution,  and  he  shall  remain 
in  custody  of  the  said  prison  keeper,  unless  sooner  discharged  by 
the  creditor,  thirty  days.  And  if  the  creditor  shall  not,  within  the 
said  space  of  thirty  days,  take  the  said  debtor  in  execution,  the 
prison  keeper  shall  discharge  him,  upon  his  paying  prison  charges. 

Section  2  And  be  it  further  enacted,  That  no  person  who  shall 
become  bail  in  any  suit,  commenced  in  the  Court  of  Common  Pleas 
or  in  the  Superior  Court  of  Judicature,  shall  be  liable  as  such  on  any 
scire  facias,  unless  the  same  scire  facias  shall  be  served  upon  him 
at  least  fifteen  days  previous  to  the  second  term  of  the  Court  where 
final  judgment  may  be  rendered  against  the  principal  next  after  the 
term  when  such  judgment  was  rendered. 

Section  3.  And  be  it  further  enacted,  That  where  bail  is  given 
upon  mesne  process  in  any  civil  action  commenced  before  any  Jus- 
tice of  the  Peace,  such  surety  or  sureties  may  at  any  time  before 
the  rendering  of  the  Judgment  against  the  principal,  commit  the 
principal  to  gaol,  and  upon  such  surety  or  sureties  producing  to  said 
Justice  a  certificate  from  the  prison  keeper,  of  such  commitment, 
he  or  they  shall  be  discharged  from  said  suit,  and  the  principal  shall 
be  holden  the  same  time  and  in  the  same  manner  as  though  he  had 
been  committed  on  the  mesne  process  for  want  of  bail. 

Section  4  And  be  it  further  enacted,  That  in  any  suit  com- 
menced before  a  Justice  of  the  Peace,  the  surety  or  sureties  at  any 
time  after  final  judgment  against  the  principal,  and  before  final 
judgment  against  such  surety  or  sureties,  may  commit  the  principal 
to  gaol  and  bring  to  the  said  Justice  a  certificate  of  such  commit- 
ment and  move  to  be  discharged,  the  said  Justice  shall  order  said 
surety  or  sureties  to  be  discharged,  such  surety  or  sureties  paying 
to  the  creditor  the  costs  that  may  have  already  arisen  in  any  suit 
against  them.  And  the  prison  keeper  shall  detain  the  principal 
thirty  days  unless  he  shall  be  sooner  discharged  by  the  creditor. 


LAWS  OF   NEW  HAMPSHIRE  793 

Section  5.  And  be  it  further  enacted,  That  if  the  damages  and 
costs  recovered  in  any  action  before  any  Justice  of  the  Peace 
wherein  bail  was  given  amount  to  more  than  thirteen  dollars  and 
thirty  three  cents,  the  plaintiff  is  hereby  empowered  in  case  of  the 
principal's  avoidance,  and  return  of  non  est  inventus  upon  the  ex- 
ecution to  bring  a  scire  facias  against  the  surety  or  sureties  in  the 
Court  of  Common  Pleas. 

Section  6  And  be  it  further  enacted,  That  no  scire  facias  shall 
be  served  upon  the  bail  in  any  action  commenced  before  a  Justice 
of  the  Peace,  unless  it  be  done  within  one  year  next  after  entering 
up  final  judgment  against  the  principal. 

Section  7.  And  be  it  further  enacted,  That  it  shall  be  lawful 
for  any  person  who  may  have  become  bail,  or  who  may  hereafter 
become  bail,  for  any  debtor  or  other  person  arrested  upon  civil 
process,  to  commit  to  the  common  gaol  in  the  County  in  which  the 
writ  is  returnable,  or  to  the  common  gaol  in  the  County  where  such 
arrest  was  made,  the  body  of  the  principal  debtor  for  whom  he 
became  bail;  and  the  bail  so  committing  the  principal  shall  at  the 
time  of  such  commitment,  leave  with  the  Jailor  or  prison  keeper  an 
attested  copy  of  the  writ  or  process  whereby  the  arrest  was  made, 
and  the  officer's  return  thereon.  And  such  Jailor  or  prison  keeper 
is  hereby  authorized  and  required  to  receive  the  person  so  com- 
mitted into  his  custody  in  the  same  manner  as  if  he  had  been  com- 
mitted by  the  officer  making  the  arrest;  and  the  bail  so  committing 
their  principal  shall  be  forever  discharged  from  all  liabilities  on 
account  of  becoming  bail  in  such  suit.  Provided  nevertheless  that 
in  all  cases  of  commitment  as  aforesaid,  the  bail  shall  within  fifteen 
days  from  the  time  of  said  commitment  notify  in  writing  the  plain- 
tiff in  the  original  suit,  or  the  attorney  who  commenced  or  who 
appeared  in  said  suit,  of  the  time  when,  and  the  place  where  the 
principal  has  been  committed.  And  provided  also  that  no  person 
shall  have  the  benefit  of  this  provision  unless  he  shall  have  com- 
mitted his  principal  as  aforesaid  before  final  judgment  on  scire 
facias;  and  if  the  commitment  shall  be  made  after  scire  facias  shall 
have  issued,  he  shall  pay  the  costs  of  that  suit  before  he  shall  be 
discharged. 

Section  8.  And  be  it  further  enacted,  That  the  creditor  in  any 
civil  action  intending  to  charge  the  bail  in  such  action  shall  deliver 
his  execution  to  an  officer  with  the  name  or  names,  place  or  places 
of  residence,  of  the  person  or  persons  who  became  bail  in  such 
action  and  the  officer  shall  at  least  fifteen  days  before  the  return 
day  of  said  execution,  deliver  to  at  least  one  of  the  bail  in  such 
suit,  or  leave  at  his  dwelling  house,  or  last  and  usual  place  of  abode 
a  notice,  in  writing,  stating  that  such  execution  is  in  his  hands,  the 
amount  of  the  same  and  when  returnable;  and  the  officer  shall 
keep  such  execution  in  his  hands  until  the  return  dav  thereof  in 
order  that  the  bail  may  produce  the  principal  to  the  officer  that  he 


794  LAWS  OF   NEW   HAMPSHIRE 

may  arrest  him  on  said  execution.  And  if  the  bail  shall  at  any  time 
before  the  return  day  produce  the  body  of  the  principal  to  such 
officer  so  that  he  may  arrest  him,  said  bail  shall  be  forever  dis- 
charged from  all  liabilities  in  such  action.  And  no  return  of  non 
est  inventus  shall  be  sufficient  to  charge  the  bail,  unless  the  officer 
also  certify  on  said  execution  that  notice  as  aforesaid  was  given  to 
the  bail. 

Section  9.  And  be  it  further  enacted,  That  in  all  cases  where  at 
the  time  of  rendering  final  judgment  against  the  principal,  or  at 
any  time  afterwards  the  bail  shall  surrender  the  principal  in  court 
or  commit  him  to  gaol  in  the  manner  prescribed  by  said  act,  the 
principal  shall  remain  in  the  custody  of  the  prison  keeper  the  term 
of  thirty  days  in  order  that  the  creditor  may  charge  him  in  execu- 
tion if  he  so  choose,  but  such  prisoner  shall  not  be  obliged  to 
remain  in  close  confinement,  but  may  have  the  liberty  of  the  gaol 
yard  on  the  same  terms  and  in  the  same  manner  as  if  he  had  been 
committed  to  gaol  on  the  mesne  process  by  the  officer  who  first 
arrested  him. 

Section  10.  And  be  it  further  enacted,  That  the  officer  taking 
bail  in  any  civil  action  shall  insert  in  his  return  on  such  precept, 
the  name  and  place  of  abode  of  the  person  or  persons  becoming  bail 
in  such  suit. 

Section  11.  And  be  it  further  enacted,  That  an  act  entitled  "an 
act  regulating  bail  in  civil  causes"  passed  on  the  fifteenth  day  of 
February  A.D.  1791.  an  act  entitled  "an  act  in  addition  to  an  act 
regulating  bail  in  civil  causes,"  passed  on  the  fifteenth  day  of 
December  A.D.  1797.  and  an  act  entitled  "an  act  in  addition  to  an 
act  entitled  an  act  regulating  bail  in  civil  causes"  passed  on  the 
twenty  third  day  of  June  A.D.  181 8,  be  and  the  same  hereby  are 
repealed. 


[CHAPTER  69.] 


State  of  ) 

New  Hampshire.  \ 


An  act  allowing  a  certain  premium  for  killing  Bears. 

[Approved  December  25,  1828.  Acts,  vol.  26,  p.  123.  Session  Laws,  1S28, 
Chap.  69.     Repealed  by  act  of  July  4,  1829,  id.,  1829,  Chap.  63.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Court  convened,  That  if  any  person  shall  kill  anv  Bear  within 
this  State  and  shall  brine:  the  head  of  said  Bear  to  the  Selectmen 
of  the  Town  or  place  in  which  the  same  was  killed  and  if  there  be  no 
Selectmen  in  the  Town  or  place  where  the  same  was  killed  then  to 
the  Selectmen  of  the  Town  or  place  next  to  the  Town  or  place  where 
the  same  was  killed,  and  shall  prove  to  the  satisfaction  of  said 


LAWS  OF   NEW  HAMPSHIRE  795 

Selectmen  that  the  Bear  the  head  of  which  he  hath  brought  to  them 
was  killed  by  him,  or  by  his  means  or  by  any  other  person  whose 
agent  he  is,  the  said  Selectmen  shall  cut  off  the  ears  from  the  head 
so  brought  to  them  as  aforesaid  or  otherwise  disfigure  it  so  that 
it  may  never  be  produced  for  the  like  purpose  again,  and  the  said 
Selectmen  shall  give  the  person  so  producing  the  head  as  aforesaid 
a  receipt  for  the  same  and  the  person  receiving  the  same  receipt, 
on  producing  it  to  the  Treasurer  of  this  State  shall  receive  out  of 
the  Treasury  of  this  State  the  sum  of  three  dollars  for  every  Bear 
killed  and  certified  as  aforesaid.  . 


[CHAPTER  70.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  the  Fall  Mountain  Factory  Company. 

[Approved  December  29,  1828.  Acts,  vol.  26,  p.  127.  See  also  act  of  June 
18,  1836,  Session  Laws,  1836,  June  session,  Private  Acts,  Chap.  62.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Nathaniel  Tucker, 
William  Hall,  James  J.  Cutler,  Henry  Atkinson  Green,  Thomas 
Bellows,  Richard  D.  Tucker,  their  associates  and  successors  be,  and 
hereby  are  incorporated  and  made  a  body  corporate  and  politic  for- 
ever, by  the  name  of  the  Fall  Mountain  Factory  Company;  and  by 
that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judg- 
ment and  execution;  and  shall  be  and  hereby  are  vested  with  all 
the  powers  and  privileges  which  by  law  are  incident  to  Corpora- 
tions of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  said  Corporation  be, 
and  hereby  is  empowered  to  establish  and  carry  on  the  manufacture 
of  Cotton  and  Woolen  goods;  the  making  of  machinery,  and  such 
other  branches  of  business  as  may  be  necessarily  connected  there- 
with, on  or  near  the  easterly  bank  of  Connecticut  River  in  Walpole 
in  the  County  of  Cheshire;  and  for  the  purposes  aforesaid  may  pur- 
chase and  hold  real  and  personal  estate,  not  exceeding  in  value  the 
sum  of  one  hundred  and  fifty  thousand  dollars,  and  the  same  may 
sell  and  dispose  of  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  the  said  Nathaniel 
Tucker,  William  Hall,  and  James  J.  Cutler,  or  any  two  of  them, 
may  call  the  first  meeting  of  said  corporation,  by  advertising  notice 
thereof  in  the  Bellows  Falls  Intelligencer,  printed  in  Rockingham  in 
the  State  of  Vermont,  at  least  twenty  davs  prior  to  the  day  of  hold- 
ing the  same,  or,  by  giving  at  least  ten  days  personal  notice  of  said 
meeting  to  each  of  the  persons  herein  before  named;  at  which  meet- 


79^  laws  or  new  Hampshire 

ing  said  Corporation  may  agree  on  the  manner  of  calling  future 
meetings,  and  at  the  same  or  any  subsequent  meeting  may  choose 
and  appoint  such  officers  and  servants  as  may  be  deemed  necessary 
for  conducting  the  concerns  of  said  Corporation;  may  divide  their 
joint  or  capital  stock  into  such  number  of  shares  as  may  be  deemed 
proper  and  agree  upon  the  manner  of  transferring  them;  may  order 
assessments  and  fix  the  time  for  the  payment  thereof;  may  pass 
such  by  laws,  not  repugnant  to  the  laws  of  this  State,  as  may  be 
deemed  proper  for  conducting  the  concerns  of  said  Corporation. 
All  questions,  at  any  meeting  of.  said  Corporation,  shall  be  deter- 
mined by  a  majority  of  the  votes  of  the  members  present  and  rep- 
resented, accounting  and  allowing  one  vote  to  each  share,  and 
authority  to  vote  at  any  such  meeting  shall  be  proved  by  writing 
signed  by  the  person  represented,  which  writing  shall  be  filed  with 
the  Clerk. 

Section  4.  And  be  it  further  enacted,  That  the  shares  in  said 
Corporation  shall  be  liable  and  holden  for  the  payment  of  all  as- 
sessments duly  made  thereon,  and  upon  the  nonpayment  thereof 
within  the  time  limited  therefor  any  delinquent  share  or  shares  may 
be  sold  at  public  auction,  or  so  many  of  them  as  may  be  necessary 
to  pay  such  assessments,  together  with  incidental  charges,  under 
such  regulations  as  the  Corporation  in  their  by  laws  may  prescribe. 

Section  5.  And  it  further  enacted,  That  if  in  five  years  from 
the  passing  hereof  the  manufacture  of  cotton  or  woolen  goods  shall 
not  have  been  commenced  under  the  provisions  of  this  act,  then  this 
act  shall  be  null  and  void. 

Section  6  And  be  it  further  enacted,  That  this  act  shall  not  be 
so  construed  as  to  give  to  the  Corporation  any  power  to  prevent  the 
building  of  any  canal  which  may  hereafter  be  constructed  by 
authority  from  this  State. 


[CHAPTER  71.] 


State  of  ) 

New  Hampshire.  \ 


An  act  providing  for  the  appointment,  and  defining  the 
powers  of  Commissioners  of  gaol  delivery. 

[Approved  December  29,  1828.  Acts,  vol.  26,  v.  131.  Session  Laws,  1828, 
Chap.  71.  Laws,  1830  ed.,  p.  480.  See  also  act  of  January  2,  1829,  post.  Re- 
pealed by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  there  shall  be  appointed 
by  the  Governor  and  Council  in  each  County  in  this  State  three 


LAWS   OF   NEW  HAMPSHIRE  797 

suitable  persons  who  shall  be  styled  Commissioners  of  Gaol  delivery, 
who  shall  be  Commissioned  as  such  for  the  term  of  five  years — 

Section  2 .  And  be  it  further  enacted,  That  any  two  of  said  Com- 
missioners, duly  appointed  and  qualified,  shall  have  within  their 
respective  Counties  all  the  powers  and  authority  which  now,  are  or 
hereafter  may  be,  vested  in  any  two  Justices  of  the  Superior  Court 
of  Judicature  or  Court  of  Common  Pleas  to  administer  the  oath  or 
affirmation  prescribed  by  law  to  any  person  imprisoned  on  execution 
and  who  may  be  entitled  to  take  the  same;  and  either  of  the  Com- 
missioners applied  to  may  make  all  necessary  orders  and  do  all 
things  in  relation  to  the  application  and  discharge  of  any  person  so 
imprisoned  in  as  full  and  ample  manner  as  any  Justice  of  the  Supe- 
rior Court  of  Judicature  or  Court  of  Common  Pleas  may  or  can  do. 


[CHAPTER  72.] 


State  of  I 

New  Hampshire.  ] 


An   act   to   alter   the   names   of   certain   persons   therein 

NAMED. 

[Approved  December  29,  1828.  Acts,  vol.  26,  p.  133.  Session  Laws,  1828, 
Chap.  72J] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That,  from  and  after  the  passage  of  this 
act  the  several  persons  herein  named  shall  be  called  and  known  by 
the  names  which  by  this  act  they  are  respectively  allowed  to  assume, 
viz,  that  John  Brown  of  Seabrook  may  take  the  name  of  John  Per- 
kins Brown;  that  Solon  Stanly  of  Hopkinton  may  take  the  name  of 
Solon  Walter  Stanly;  that  Gideon  Walker  Jr.  of  Portsmouth  may 
take  the  name  of  Gideon  W.  Walker;  That  Enos  Flanders  of  Dan- 
bury  may  take  the  name  of  Samuel  E.  Flanders ;  That  Joseph  Frost 
3d  of  Marlborough,  may  take  the  name  of  Joseph  Perry  Frost;  That 
James  Graves  of  Tuftonborough  may  take  the  name  of  James  Gil- 
man,  and  that  Mercy  H.  Graves,  wife  of  said  James  Graves,  may  be 
called  Mercy  H.  Gilman,  that  John  Caverly  Graves  son  of  the 
aforesaid  James  Graves,  may  take  the  name  of  John  Caverly  Gil- 
man,  that  Edward  Varney  Caverly  Graves  son  of  said  James  Graves 
may  take  the  name  of  Edward  Varney  Caverly  Gilman,  that  James 
Madison  Graves,  son  of  said  James  Graves  may  take  the  name  of 
James  Madison  Gilman.  And  the  several  persons  herein  named, 
shall  hereafter  be  called  and  known  by  the  names  which  by  this  act 
they  are  respectively  allowed  to  assume  as  aforesaid,  and  the  same 
shall  be  considered  as  their  only  proper  and  legal  names. 


79$  LAWS   OF   NEW  HAMPSHIRE 

[CHAPTER  73.] 

State  of         \ 
New  Hampshire.  \ 

An  act  to  incorporate  a  Company  by  the  name  of  the  Fran- 
conia  Turnpike  Corporation. 

[Approved  December  29,  1828.  Acts,  vol.  26,  p.  135.  Session  Laws,  1828 
(Appendix),  Chap.  73.] 

Sec.  1  st.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  William  Webster,  David  M. 
Russell,  John  Rogers,  William  Quimby,  &  Jonas  Richardson  and 
their  associates  and  successors,  be  and  they  hereby  are  incorporated 
and  made  a  body  corporate  and  politic  forever  under  the  name  of 
the  Franconia  Turnpike  Corporation  and  in  that  name  may  sue 
and  prosecute  and  be  sued  and  prosecuted  unto  final  judgment  rand 
execution;  and  shall  be  and  hereby  are  vested  with  all  the  privileges 
and  powers  which  by  law  are  incident  to  corporations  of  a  similar 
nature. 

Sec.  2.  And  be  it  further  enacted  that  the  said  William  Webster, 
David  M.  Russell  and  Jonas  Richardson  or  any  two  of  them,  shall 
call  a  meeting  of  said  Corporation,  to  be  holden  at  any  suitable  time 
and  place  by  posting  up  notifications,  one  at  least  in  some  public 
place  in  the  towns  of  Franconia  and  Plymouth  at  least  fourteen 
days  before  the  time  of  holding  said  meeting  expressing  the  time 
place  and  design  of  said  meeting.  And  the  proprietors  by  a  majority 
present  or  represented  at  said  meeting,  accounting  and  allowing 
one  vote  to  each  share  in  all  cases,  shall  choose  a  clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  the  duties  of  his  office  and 
shall  agree  on  a  method  of  calling  future  meetings;  and  at  the  same 
meeting  or  at  any  subsequent  meeting  may  elect  such  officers  and 
make  and  establish  such  rules  and  by  laws  as  to  them  shall  seem 
necessary  and  convenient  for  the  regulation  and  government  of  said 
corporation  for  carrying  into  effect  the  purposes  aforesaid;  and  for 
collecting  the  tolls  and  duties  herein  after  established;  and  the  same 
by  laws  may  cause  to  be  executed  and  annex  penalties  to  the  breach 
thereof,  provided  said  rules  and  by  laws  are  not  repugnant  to  the 
constitution  and  laws  of  this  state;  and  all  representations  at  any 
meeting  shall  be  proved  by  a  writing  signed  by  the  person  to  be  rep- 
resented which  shall  be  filed  by  the  clerk  and  recorded  in  a  book  or 
books  provided  and  kept  for  that  purpose 

Sec  3.  And  be  it  further  enacted,  that  said  corporation  are 
hereby  empowered,  to  lay  out  make  and  keep  in  repair  a  Turnpike 
road  of  four  rods  wide,  in  such  route  or  tract,  as  shall  be,  in  the  best 
of  their  judgement  for  the  public  good — beginning  near  the  present 
dwelling  house  of  Jonas  Tyler  in  Franconia,  following  in  the  valley 


LAWS   OF   NEW  HAMPSHIRE  799 

through  which  the  mountain  and  pond  brooks  pass,  to  the  fishing 
pond,  thence  round  said  pond,  intersecting  the  road  as  now  travelled, 
in  the  most  convenient  place  in  the  Franconia  notch. 

Sec  4.  And  be  it  further  enacted  that  if  said  corporation,  and 
the  owners  of  land  over  which  said  road  may  pass  shall  not  agree  on 
the  compensation  to  be  made  for  such  land,  and  shall  not  agree  in 
appointing  persons  to  ascertain  such  compensation  the  justices  of 
the  superior  Court  upon  the  application  of  said  Corporation,  or  the 
owner  or  owners  of  the  Land  reasonable  notice  having  been  given  to 
the  adverse  party  of  such  application,  shall  appoint  a  committee  who 
shall  ascertain  the  same,  in  the  same  manner  as  compensation  is  made 
to  the  owners  of  land  for  highways,  as  by  law  laid  out,  provided 
nevertheless  that  it  shall  not  be  lawful  for  said  proprietors  to  make 
such  road  until  the  damages  done  the  owner  or  owners  of  the  land 
through  which  the  same  is  laid  out,  is  ascertained  and  paid,  or  tender 
thereof  made,  or  security  given  for  the  payment  of  the  same  to  the 
said  owner  or  owners  thereof,  to  his  or  their  satisfaction 

Sec  5.  And  be  it  further  enacted  that  the  said  corporation  may 
erect  and  fix  one  such  gate  upon  and  across  said  road  as  will  be 
necessary  and  sufficient  to  collect  the  tolls  and  duties  herein  after 
granted  to  said  corporation  from  all  persons  travelling  the  same  with 
horses,  cattle,  carts  or  carriages. 

Sec  6.  And  be  it  further  enacted,  that  it  shall  and  may  be  law- 
ful for  said  corporation  to  appoint  such  and  so  many  toll  gatherers 
as  they  shall  think  proper  to  collect  of  and  from  all  and  every  per- 
son or  persons  using  said  road,  the  rates  of  toll  herein  after  men- 
tioned and  to  stop  any  person,  riding  leading  or  driving  any  horses, 
cattle,  carts,  or  carriages,  from  passing  through  said  gate  or  turn- 
pike until  they  shall  respectively  have  paid  the  same,  that  is  to 
say  for  every  ten  sheep  or  swine  three  cents;  for  every  ten  neat  cat- 
tle, horses  or  mules  six  cents,  for  every  horse  and  his  rider  or  led 
horse  six  cents,  for  every  sulkey  chaise  or  chair  with  one  horse  and 
two  wheels  ten  cents:  for  every  coach,  chariot,  stage,  phaeton  or 
chaise  with  two  horses  and  four  wheels  fifteen  cents:  for  either  of 
the  carriages  last  named  with  four  horses  twenty  cents.:  for  every 
other  carriage  of  pleasure  the  like  sums  according  to  the  number  of 
wheels  and  horses  drawing  the  same:  for  each  cart  waggon,  or  other 
carriage  of  burden  drawn  by  one  beast  six  cents;  for  the  like  car- 
riages drawn  by  two  beasts  ten  cents;  if  by  more  than  two  beasts 
six  cents  for  each  additional  yoke  of  oxen  or  pair  of  horses.;  for 
each  pleasure  sleigh  drawn  by  one  horse  ten  cents;  if  drawn  by  two 
horses  twelve  cents;  if  drawn  by  more  than  two  horses,  three  cents 
for  each  additional  horse,  for  each  sled  or  sleigh  of  burden  drawn 
by  one  horse  six  cents:  if  by  two  horses  or  one  yoke  of  oxen  ten 
cents:  if  by  more  than  two  horses  or  one  yoke  of  oxen  three  cents 
for  each  additional  pair  of  horses  or  yoke  of  oxen;  and  at  all  times 
when  the  toll  gatherer  does  not  attend  his  duty  the  gate  shall  be  left 


SOO  LAWS   OF   NEW   HAMPSHIRE 

open;  and  if  any  person  shall  with  his  carriage,  team,  cattle  or  horses 
turn  off  the  said  road  to  pass  the  said  turnpike  gate,  or  ground  adja- 
cent thereto  not  being  a  public  highway  with  intent  to  avoid  the  pay- 
ment of  the  toll  due  by  virtue  of  this  act,  such  person  shall  forfeit 
and  pay,  three  times  as  much  as  the  legal  toll  would  have  been,  pro- 
vided that  nothing  in  this  act  shall  extend  to  entitle  said  corporation 
to  demand  or  receive  toll  of  any  person  who  is  an  inhabitant  of  the 
town  through  which  the  said  road  shall  pass — nor  of  a*ny  officer  or 
soldier  of  the  militia  under  arms  going  to  or  from  the  place  of  duty, 
nor  of  any  person  going  to  or  returning  from  any  funeral  that  may 
have  occasion  to  pass  said  gate. 

Sec  7.  And  be  it  further  enacted,  that  the  said  corporation  are 
hereby  empowered  to  purchase  and  hold  in  fee  simple  so  much  land 
as  will  be  necessary  for  said  turnpike  road,  the  share  or  shares  of 
any  proprietor  may  be  transferred  by  deed  duly  executed,  acknowl- 
edged and  recorded  by  the  clerk  of  said  corporation  on  their  records; 
and  said  shares  may  be  sold  by  said  corporation  on  non  payment  of 
assessments  duly  made  agreeably  to  the  by  laws  of  said  corporation. 

Sec  8.  And  be  it  further  enacted  that  said  corporation  may  be 
indicted  for  want  of  repairs  of  said  road  after  the  toll  gate  is  erected, 
and  fined  in  the  same  way  and  manner  as  towns  are  by  law  fineable 
for  suffering  highways  and  bridges  to  be  out  of  repair,  and  said  fines 
may  be  levied  on  the  profits  on  toll  accruing  to  said  corporation,  pro- 
vided that  if  the  said  turnpike  road  shall  in  any  part  be  the  same  with 
any  highway  now  used  it  shall  not  be  lawful  for  said  corporation  to 
erect  any  gate  or  turnpike  upon  or  across  that  part  of  said  road 
which  is  now  used  as  a  public  highway;  anything  herein  to  the 
contrary  notwithstanding. 

Sec  9.  And  be  it  further  enacted,  that  at  the  end  of  every  six 
years  after  the  sitting  up  of  any  toll  gate  upon  the  road  aforesaid, 
an  account  of  the  expenditures  upon  said  road  and  the  profits  aris- 
ing therefrom  shall  be  laid  before  the  Justices  of  the  Superior  Court 
for  the  time  being  under  the  forfeiture  of  the  privileges  of 
this  grant  in  future;  and  if  the  net  profits  for  the  said  six  years 
shall  exceed  nine  per  cent  per  annum  the  said  court  may  reduce  the 
future  rate  of  toll  so  far  that  it  may  not  exceed  nine  per  cent  per 
annum;  and  if  the  said  profits  shall  not  amount  to  six  per  cent  per 
annum,  the  said  court  may  raise  the  future  tolls  so  that  it  shall  not 
be  less  than  six  per  cent  per  annum  nor  more  than  nine  per  cent  per 
annum. 

Sec  10.  And  be  it  further  enacted,  that  if  in  three  years  from 
the  passing  of  this  act.  the  said  road  and  every  part  thereof,  shall 
not  be  completed  agreeably  to  the  provisions  of  this  act  every  part 
and  clause  thereof  shall  be  null  and  void,  provided  also  that  the 
state  of  New  Hampshire  may  at  any  time  after  the  passing  hereof 
repay  to  the  proprietors  of  the  said  road  the  amount  of  the  sums 
expended  by  them  thereon  with  nine  per  cent  per  annum  in  addition 


LAWS  OF   NEW   HAMPSHIRE  8oi 

thereto  deducting  the  toll  actually  received  by  said  corporation;  in 
that  case  the  roads  shall  to  all  intents  and  purposes  be  the  property 
of  the  State  of  New  Hampshire.  Provided  further  that  the  Legis- 
lature of  this  state  shall  have  a  right  to  adopt  such  measures  in 
future  as  by  them  shall  be  considered  necessary  or  expedient  to 
compel  the  said  proprietors  to  keep  said  road  in  repair 


[CHAPTER  74.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  certain  persons  by  the  name  of  the 
Proprietors  of  Charlestown  Bridge. 

[Approved  December  29,  1828.     Acts,  vol.  26,  p.  143.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  That  Geo.  H.  Ingersoll,  Hugh 
Henry,  Henry  Hubbard,  and  their  associates  be,  and  they  hereby  are 
incorporated  into  a  body  politic  by  the  name  of  the  proprietors  of 
Charlestown  Bridge;  and  they  are  hereby  invested  with  all  the 
powers  and  privileges  incident  to  corporations  of  a  similar  nature. 

Sec.  2.  And  be  it  further  enacted,  That  the  proprietors  afore- 
said are  hereby  authorised  to  erect  a  bridge  over  Connecticut 
River  at  any  place  in  Charlestown,  aforesaid,  within  one  mile  of 
the  mouth  of  the  brook,  which  runs  into  Connecticut  River,  near 
the  House  of  Geo.  H.  Ingersoll;  And  said  proprietors  are  hereby 
empowered  to  purchase  lands  adjoining  said  bridge,  provided  the 
same  does  not  exceed  five  acres,  and  to  hold  the  same  in  fee  sim- 
ple; And  said  proprietors  shall  have  the  exclusive  right  of  erect- 
ing a  bridge  within  the  limits  aforesaid — 

Sec.  3.  And  be  it  further  enacted.  That  said  proprietors  are 
authorised  to  take  and  receive  the  following  rates  of  toll  of  all 
persons  passing  said  bridge,  (to  wit,)  for  each  foot  passenger 
one  cent;  for  each  horse  and  rider,  six  cents,  horse  and  Chaise, 
or  sulkey,  twelve  and  one  half  cents,  for  each  sleigh  drawn  by  one 
horse,  six  cents,  for  each  sleigh  drawn  by  more  than  one  horse, 
twelve  cents,  for  each  sled  drawn  by  one  horse,  six  cents,  for  each 
sled  drawn  by  two  beasts  ten  cents,  for  each  sled  drawn  by  three 
beasts,  fourteen  cents,  for  each  sled  drawn  by  four  beasts, 
eighteen  cents;  and  for  all  beasts  over  and  above  four,  three  cents 
each;  for  each  coach,  chariot  Phaeton,  or  other  four  wheeled  car- 
riage for  pleasure,  twenty  five  cents;  for  each  Curricle  fif- 
teen cents;  for  each  cart  or  other  Carriage  of  burden  drawn  by  one 
beast,   six  cents;    by  two  beasts,   twelve  cents,   by   three   beasts, 

61 


802  LAWS   OF   NEW  HAMPSHIRE 

fifteen  cents,  by  four  beasts,  eighteen  cents,  and  for  all  over  and 
above  four,  three  cents  each;  for  each  horse,  jack,  mule  or  neat 
beast,  exclusive  of  those  rode  on  or  in  Carriages  one  cent  each,  And 
to  each  team  of  burden,  one  person  only  shall  be  allowed  to  pass 
free  of  toll,  for  sheep  and  swine  half  a  cent  each,  and  at  all  times 
when  the  toll  gatherer  shall  not  attend  his  duty,  the  gate  shall  be 
left  open;  and  the  toll  gatherer  may  detain  all  persons  passing  said 
bridge,  (except  when  the  gate  is  left  open)  until  said  toll  is  paid  or 
tendered. — 

Sec.  4.  And  be  it  further  enacted,  That  Geo.  H.  Ingersoll, 
Hugh  Henry,  and  Henry  Hubbard,  or  any  two  of  them,  are  hereby 
authorised  to  call  the  first  meeting  of  said  proprietors,  by  adver- 
tisement in  the  New  Hampshire  Sentinel,  printed  at  Keene,  three 
weeks  successively,  the  last  advertisement  to  be  fifteen  days  before 
said  meeting — And  the  proprietors  by  a  majority  of  those  present 
or  represented  at  said  meeting,  which  representation  shall  always 
be  in  writing,  and  signed  by  the  person  so  represented,  allowing 
one  vote  to  each  share  in  all  cases,  shall  choose  a  Clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  shall  agree  on 
the  method  of  calling  future  meetings,  and  at  the  same  time, 
or  at  any  subsequent  meeting,  may  elect  any  such  officers,  and 
make  and  establish  such  rules  and  by-laws  as  to  them  shall  seem 
necessary  and  convenient  for  the  regulation  and  government  of  said 
corporation;  And  the  same  by-laws  may  cause  to  be  executed,  and 
annex  penalties  to  the  breach  thereof,  providing  said  rules  and  by- 
laws are  not  repugnant  to  the  laws  and  Constitution  of  this  State: 
And  the  said  representation  shall  be  filed  with  the  Clerk,  and  this  act 
and  all  rules  by-laws,  regulations  and  proceedings  of  said  corporation 
shall  be  fairly  and  truly  recorded  by  the  Clerk  in  a  book  provided 
and  kept  for  that  purpose. — 

Sec.  5.  And  be  it  further  enacted,  That  said  corporation  may 
be  indicted  and  fined  for  defect  of  repairs  of  said  bridge  after  the 
toll  gate  is  erected,  in  the  same  way  and  manner  as  towns  are  for 
suffering  bridges  to  be  out  of  repair,  and  any  person  suffering  dam- 
age for  want  of  .a  good  safe  and  sufficient  bridge  as  aforesaid,  may 
have  his  remedy  against  said  proprietors  by  an  action  on  the  case. — 

Sec.  6.  And  be  it  further  enacted,  That  if  in  five  years  from 
the  passing  of  this  Act,  said  bridge  shall  not  be  completed,  this  act 
shall  be  null  and  void;  And  if  at  any  future  period  said  bridge  by 
accident,  or  any  other  cause  shall  be  destroyed,  or  out  of  repair,  and 
said  Corporation  shall  not  within  two  years  from  such  destruction, 
erect  a  new  bridge,  or  repair  the  old  one  in  such  case,  this  act  shall 
be  void. 

Sec  7.  And  be  it  further  enacted,  That  the  shares  in  said  bridge 
may  be  transfered  by  Deed  duly  acknowledged  and  recorded  by  the 
Clerk  of  said  Corporation  in  the  manner  pointed  out  by  the  by-laws 
of  said  Corporation. — 


LAWS  OF   NEW  HAMPSHIRE  803 

Sec  8.  And  be  it  further  enacted,  That  the  Legislature  of  this 
State  may  at  any  future  period  after  five  years,  on  the  petition  of 
any  person  or  persons  amend  this  act,  and  establish  other  rates  of 
toll  as  to  them  shall  seem  meet  and  equitable. 


[CHAPTER  75.] 


State  of  I 

New  Hampshire.  \ 


An  act  to  disannex  Erastus  Glidden  and  Jacob  Smith  and 
their  farms  from  the  town  of  unity  and  annex  them  to 
Claremont. 

[Approved  December  29,  1828.  Acts,  vol.  26,  p.  149.  Session  Laws,  1828, 
Chap.  75.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Erastus  Glidden  and  Jacob  Smith  and 
their  farms  in  Unity  in  the  County  of  Sullivan,  included  within  the 
following  limits,  to  wit,  beginning  at  a  long  stone,  being  the  north- 
westerly corner  of  said  Unity;  thence  on  the  line  now  dividing  said 
Unity  from  Claremont,  south  seventy  six  degrees  east,  two  hundred 
and  six  rods  to  a  long  stone;  thence  South  seventeen  degrees  west 
one  hundred  five  and  a  half  rods  to  a  stake  with  stones  about  it; 
thence  west  twenty  three  rods  to  a  beach  tree;  thence  South  half  a 
degree  east,  one  hundred  seventy  four  rods  to  a  stake  with  stones 
about  it;  thence  north  eighty  nine  and  a  half  degrees  west,  two  hun- 
dred forty  seven  rods  to  the  easterly  line  of  Charlestown  to  a  stake 
with  stones  about  it,  and  thence  on  said  line  of  Charlestown  north 
seventeen  degrees  east,  three  hundred  thirty  two  rods  to  the  place 
of  beginning,  be  and  the  same  hereby  are  disannexed  from  said  town 
of  Unity  and  annexed  to,  and  become  a  part  of  the  town  of  Clare- 
mont in  said  County.  And  the  said  Erastus  Glidden  and  Jacob 
Smith,  and  all  other  persons  who  now  or  may  hereafter  inhabit  the 
tract  of  land  before  described  shall  be  entiled  to  and  enjoy  the  same 
privileges  and  be  subject  to  the  same  liabilities  as  the  other  inhab- 
itants of  said  Claremont  enjoy  or  are  liable  to. 


804  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  76.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  proprietors  of  the  East  Kingston 
Union  Library. 

[Approved  December  29,  1828.     Acts,  vol.  26,  p.  151.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Jonathan  Bailey,  John 
Philbrick,  David  P  Goodhue,  their  associates  and  successors,  are 
hereby  made  a  Corporation  by  the  name  of  the  Proprietors  of  the 
East  Kingston  Union  Library,  with  power  to  hold  personal  Estate 
not  exceeding  one  thousand  dollars  in  value  for  the  support  of  said 
Library,  and  with  all  other  powers  incident  to  Corporations  of  a 
similar  nature. 

Section  2 .  And  be  it  further  enacted  that  Jonathan  Bailey,  John 
Philbrick,  David  P.  Goodhue,  or  either  two  of  them  may  call  the 
first  meeting  of  said  Corporation  by  posting  up  a  notice  at  the  meet- 
ing house  in  East  Kingston,  at  least  ten  days  prior  to  the  time  of 
holding  the  same. 


[CHAPTER  77.] 


State  of  ) 

New  Hampshire.  \ 


An  act  in  addition  to  an  act  entitled  "an  act  regulating 
scale  beams*  steel  yards,  weights  and  measures. 

[Approved  December  29,  1828.  Acts,  vol.  26,  p.  153.  Session  Laws,  1828, 
Chap.  yy.  Laws,  1830  ed.,  p.  224.  The  act  referred  to  is  probably  dated 
December  15,  1797,  Laws  of  New  Hampshire,  vol.  6,  p.  444.  See  also  acts 
of  June  20,  1798,  id.,  p.  493;  December  27,  1798,  id.,  p.  542,  and  December 
30,  1799,  id.,  p."  620.  Repealed  by  act  of  December  23,  1842.  See  Revised 
Statutes   (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That,  from  and  after  the  first  day  of  April 
next,  the  basket,  or  other  measure,  by  which  charcoal  shall  be  meas- 
ured and  sold,  shall  not  be  less  in  its  average  diameter  then  twenty 
inches,  and  of  a  depth  sufficient  to  contain  eighteen  gallons  level 
measure,  and  be  accounted  two  bushels  or  one  strike:  Arid  no 
measure  other  than  aforesaid  shall  be  used  in  the  sale  and  delivery  of 
charcoal,  nor  until  such  measure  shall  have  been  viewed,  proved  and 
sealed  in  the  manner  prescribed  for  other  measures  in  the  act  to 


LAWS   OF   NEW  HAMPSHIRE  805 

which  this  in  addition.  And  any  person  offending  against  the  provi- 
sions of  this  act  shall  be  subject  to  the  penalties  provided  in  the  fifth 
section  of  the  act  to  which  this  in  addition;  and  such  penalties  shall 
be  recovered  and  applied  in  the  manner  therein  provided. 


[CHAPTER  78.] 

State  of         I 
New  Hampshire.  \ 

An  act  to  incorporate  the  Connecticut  River  Canal  Com- 
pany. 

[Approved  December  30,  1828.    Acts,  vol.  26,  p.  159.     Session  Laws,  1828, 
Chap.  78.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Richard  Kimball,  Elias 
Lyman,  Amos  A.  Brewster,  Francis  Goodhue,  Henry  Hubbard, 
Allen  Wardner,  their  Associates,  and  those  who  may  hereafter  be- 
come their  associates,  successors  and  assigns,  be,  and  they  hereby 
are,  incorporated  and  made  a  body  corporate  and  politic  forever, 
under  the  name  and  style  of  the  Connecticut  River  Canal  Company; 
and  in,  and  by,  that  name  may  sue  and  be  sued,  prosecute  and  be 
prosecuted  to  final  judgment  and  execution;  may  make  contracts; 
and  for  the  purposes  of  this  act,  may  purchase  and  hold  lands  and 
other  real  estate  not  to  exceed  in  value  five  hundred  thousand  dol- 
lars, and  the  same  alienate,  sell  and  convey;  may  have  and  use  a 
common  seal,  and  the  same  alter  and  renew  at  pleasure,  may  make, 
ordain  and  establish  such  rules,  regulations  and  bv  laws,  from  time 
to  time,  as  shall  be  necessary  or  convenient  for  the  government  of 
said  Corporation,  and  for  the  preservation  and  due  management  of 
said  Canal,  and  the  other  property  which  shall  or  may  belong  to  said 
Corporation;  and  the  same  rules,  regulations  and  by  laws  may  cause 
to  be  duly  executed,  provided  they  are  not  repugnant  to  the  Consti- 
tution and  laws  of  this  State,  and  may  annex  penalties  to  the  breach 
thereof,  not  exceeding  ten  dollars  for  any  one  offence;  and  appoint 
such  officers  and  agents  as  shall  be  necessary.  The  stock  of  said 
Corporation  may  amount  to  such  sum  or  sums  of  money  as  shall  be 
necessary  to  carry  into  complete  effect  the  entire  object  of  said  Cor- 
poration; and  shall  be  divided  into  shares  of  one  hundred  dollars 
each,  which  shares  shall  be  transferable  in  such  manner  and  form 
as  shall  be  prescribed  by  the  by  laws  of  said  Corporation,  and  be 
considered  and  treated  as  personal  property,  and  all  the  powers  inci- 
dent to  and  necessary  to  carry  into  effect  the  object  of  this  Incor- 
poration, are  hereby  vested  in  said  Corporation:  Provided  always, 
that  the  Legislature  of  this  State  may  at  anv  time  modify  or  annul 
any  by  laws,  rules  or  regulations  made  as  aforesaid. 


8o6  LAWS  OF   NEW  HAMPSHIRE 

Section  2.    And  be  it  further  enacted,  That  said  Corporation  may, 
and  the  same  is  hereby  authorized  to  locate,  construct  and  fully  com- 
plete a  navigable  canal,  with  locks  tow  paths,  basins,  wharves,  dams, 
embankments,  toll  houses,  and  other  necessary  appendages,  com- 
mencing at  some  convenient  point  on  the  South  line  of  this  State  in 
the  town  of  Hinsdale,  and  extending  northerly  on  or  near  the  banks 
of  Connecticut  river,  as  far  north  as  the  mouth  of  Israel's  river. 
Provided  always,  that  if  it  shall  be  found  necessary  for  the  con- 
venience of  making  and  constructing  said  Canal  and  of  its  greater 
security  when  made,  to  cross  Connecticut  river,  and  locate  a  part 
of  said  Canal  within  the  limits  of  the  State  of  Vermont,  such  loca- 
tion shall  in  no  wise  impair  or  prejudice  this  grant  in  relation  to  that 
part  thereof  which  shall  or  may  be  located  within  the  jurisdiction 
of  this  State,  Provided  however  that  no  greater  rate  of  toll  shall  be 
charged  to  the  citizens  of  this  State  for  navigating  any  portion  of 
said  Canal  which  may  be  located  in  the  State  of  Vermont,  than  is 
by  this  act  authorized  to  be  charged  on  that  part  thereof  located 
within  this  State.    And  said  Corporation  may  use  as  reservoirs  or 
feeders,  for  the  purpose  of  supplying  with  water  said  Canal,  and 
such  works  as  may  have  any  portion  of  their  water  diverted  from 
them  to  supply  said  Canal,  the  different  ponds,  rivers  and  streams 
of  water  near,  or  over  which  said  Canal  may  pass;  and  shall  have 
power  to  connect  with  said  Canal  by  feeders  or  navigable  Canals, 
any  of  said  ponds,  rivers,  streams  and  reservoirs.    And  said  Canal 
shall  be  not  less  than  thirty  four  feet  wide  at  the  surface,  of  the 
water,  twenty  feet  wide  at  the  bottom,  and  four  feet  deep;  and  the 
locks  of  such  length,  not  less  than  eighty  feet  in  the  clear,  and  of  such 
width,  not  less  than  twelve  feet,  that  boats  which  can  conveniently 
navigate  Connecticut  river  may  float  and  pass  through  the  same. 
And  said  Corporation  shall  make  and  complete  said  Canal,  and  con- 
struct all  the  necessary  locks,  aqueducts,  culverts,  dams,  waste  weirs, 
tow  paths,  berm  and  toll  houses  thereon  within  the  term  of  ten  years 
next  after  the  passing  of  this  act:  Provided  however,  that  all  dam- 
ages which  any  person  or  persons  corporation  or  corporations,  may 
sustain  by  the  construction  of  said  Canal,  reservoirs  or  feeders,  or 
any  of  said  works  authorized  by  the  provisions  of  this  act,  shall  be 
paid  and  satisfied  by  said  Corporation,  in  manner  as  is  herein  after 
provided.     Provided  also,  that  nothing  in  this  act  contained  shall 
authorize  or  empower  said  Corporation  to  obstruct  or  impede  the 
free  passage  of  boats,  rafts  or  other  craft,  up  and  down  Connecticut 
river,  or  the  ponds,  locks,  canals  and  other  works  which  have  been 
or  shall  hereafter  be  made  for  the  improvement  of  the  navigation 
of  said  river  under  the  authority  of  grants  already  made,  or  in  any 
way  interfere  with  or  infringe  upon  the  rights  or  privileges  of 
any  Company  heretofore  incorporated  by  this  State  for  that  purpose; 
nor  shall  any  thing  in  this  act  prevent  or  restrain  this  State  from 
making,  or  authorizing  others  to  make  such  locks.  Canals  and  other 


LAWS   OF   NEW  HAMPSHIRE  807 

works  as  may  be  deemed  necessary  for  the  improvement  of  the 
navigation  of  said  river,  whenever  the  public  good  may  require  it; 
provided  such  future  grants  shall  not  authorize  the  erection  of  such 
works  as  will  obstruct  or  impede  the  free  navigation  of  the  Canal 
hereby  authorized  to  be  made,  or  in  any  way  injuriously  and  mate- 
rially interfere  with  the  works  necessarily  connected  therewith.  And 
provided  further,  that  the  right  and  authority  are  hereby  expressly 
reserved  to  the  Legislature,  whenever  they  may  deem  it  expedient, 
to  make,  or  empower  others  to  make  and  keep  in  repair,  at  such 
place  or  places  as  the  Legislature  may  designate,  a  side  Canal  or 
Canals,  and  locks  and  other  works  for  the  purpose  of  connecting  the 
boat  navigation  of  said  main  Canal  with  the  boat,  navigation  of  said 
river,  with  the  right  of  taking  sufficient  water  from  said  main  canal 
to  feed  and  supply  said  connecting  Canal  and  locks.  And  this  State 
shall  have  the  right  at  any  time  hereafter,  when  the  publick  good 
shall  require  it,  to  intersect,  or  to  authorize  others  to  intersect  said 
main  Canal  with  railways,  or  lateral  canals  from  the  interior  towns 
in  this  State,  so  that  they  shall  have  convenient  access  for  their  trade 
and  business  to  said  main  Canal. 

Section  3  And  be  it  further  enacted,  That  at  some  suitable  and 
convenient  point  below  the  mouth  of  the  Ashuelot  river  in  Hinsdale, 
and  above  the  north  line  of  the  State  of  Massachusetts  to  be  desig- 
nated by  the  Commissioners  to  be  appointed  as  hereinafter  provided, 
said  Company  shall  cause  to  be  made  and  kept  in  good  repair  a  side 
canal  and  locks,  and  whatever  other  works  shall  be  needful  to  con- 
nect the  navigation  of  the  main  Canal  by  this  act  authorized,  with 
the  navigation  of  Connecticut  river;  and  said  connecting  Canal, 
locks  and  other  works  shall  be  of  such  dimensions  and  so  constructed 
and  maintained,  that  all  boats  and  other  floats  which  can  pass  along 
in  the  main  canal,  and  through  the  locks  of  the  same,  may  freely, 
conveniently  and  without  delay,  at  the  pleasure  of  the  owner  or  per- 
son having  charge  of  such  boat  or  float,  be  floated  from  and  out  of 
said  main  canal  into  Connecticut  river,  or  from  said  River  into  said 
main  canal.  Provided  that  said  Company  shall  have  a  right  to  col- 
lect for  all  boats,  floats,  persons  or  things  passing  through  said  con- 
necting canal  and  locks,  an  extra  toll  which  shall  not  exceed  the  tolls 
in  this  act  allowed  for  similar  boats,  floats  persons  and  things  pass- 
ing one  mile  on  said  main  Canal. 

Section  4.  And  be  it  further  enacted,  That  if  at  any  time  after 
said  canal  or  any  of  its  branches  or  feeders  are  located,  any  unfore- 
seen obstacles,  impediments  or  inconveniences  occur  on  the  route 
located,  the  said  Corporation  shall  have  power  to  deviate  from  the 
course  marked  out,  so  far,  and  in  such  manner  as  to  avoid  such  ob- 
stacles or  inconveniences;  and  in  all  cases  where  any  road  or  public 
highway  is  so  located  that  the  said  Canal  cannot  be  judiciously  laid 
out,  or  made  without  interfering  therewith,  said  Corporation  may 
cause  such  road  or  highway  to  be  so  shifted  and  altered  as  that  said 


80S  LAWS  OF   NEW  HAMPSHIRE 

Canal  may  be  made  on  the  best  scite  or  ground,  the  Corporation  put- 
ting said  new  road  in  as  good  repair  as  the  old  one  was  at  the  time 
of  such  alteration,  and  satisfying  all  damages  which  may  be  occa- 
sioned by  such  alteration,  or  deviation  in  manner  herein  after  pro- 
vided; but  all  such  deviations  or  alterations  in  the  location  of  said 
Canal  shall  be  made  within  the  time  limited  in  this  act  for  the  com- 
pleting thereof  and  not  after. 

Section  5  And  be  it  further  enacted,  That  the  said  Corporation 
shall  build  and  keep  in  repair  suitable  and  convenient  bridges  over 
said  Canal  in  all  places  where  the  same  shall  pass  any  highway  or 
road ;  and  such  other  bridges  over  said  Canal  for  the  accommodation 
of  such  persons  or.  Corporations  as  may  own  land  on  either  side  of 
said  Canal  at  such  place  or  places,  and  of  such  dimensions  as  the 
Commissioners  under  this  act  may  direct. 

Section  6.  And  be  it  further  enacted,  That  the  said  Corporation 
may  collect  toll  on  all  boats  navigating  said  Canal,  and  on  all 
passengers  conveyed  thereon,  and  on  every  description  of  property 
or  thing  transported  on  said  Canal,  whenever  and  as  soon  as  said 
Canal,  or  any  twelve  miles  thereof,  and  the  connecting  canal  herein 
required  to  be  made  by  said  Corporation,  shall  be  made  and  com- 
pleted, and  the  waters  let  in  for  use;  which  toll  shall  be  estimated 
for  each  miles  transportation  on  said  Canal  and  shall  not  exceed 
the  following  rates,  to  wit,  on  each  boat  used  principally  for  the 
transportation  of  property  carrying  less  than  twenty  tons,  per  mile, 
one  cent;  on  each  boat  of  the  same  kind  carrying  more  than  twenty 
tons,  per  mile,  one  cent  five  mills;  on  each  boat  used  principally 
for  the  transportation  of  persons,  per  mile,  ten  cents,  and  on  each 
passenger  conveyed  therein,  three  mills;  on  each  passenger  conveyed 
in  freight  boats  per  mile,  three  mills,  on  salt,  gypsum,  stone,  slate, 
sand,  bricks,  lime,  heading,  hoop  poles,  split  lath,  and  mineral  coal, 
per  ton,  per  mile,  one  cent,  on  iron,  cotton,  domestic  spirits,  pot  and 
pearl  ashes,  flour,  beef,  pork,  and  all  agricultural  productions,  and 
all  articles  not  enumerated  which  may  be  carried  towards  tide  water, 
per  ton,  per  mile,  one  cent  five  mills;  on  boards  and  all  sawed  stuff 
computed  at  inch  measure,  if  conveyed  in  boats,  per  thousand  feet, 
per  mile,  one  cent  five  mills;  on  the  same  if  transported  in  rafts, 
per  thousand  feet  per  mile,  two  cents;  on  shingles,  if  conveyed  in 
boats  or  rafts,  per  thousand,  per  mile,  three  mills;  on  timber,  square 
or  round,  if  conveyed  in  boats,  for  every  hundred  solid  feet,  per  mile, 
one  cent  five  mills;  on  the  same,  if  transported  in  rafts,  for  every 
hundred  solid  feet,  per  mile,  two  cents  five  mills,  on  wood  for  fuel, 
if  conveyed  in  boats,  per  cord,  per  mile,  one  cent;  on  the  same,  if 
in  rafts  per  cord,  per  mile,  two  cents,  and  on  all  articles  not  enu- 
merated going  from  tide  water,  per  ton,  per  mile,  three  cents.  Each 
ton  mentioned  in  the  foregoing  rates  to  be  computed  by  weight. 
Provided,  that  no  greater  rates  of  toll,  in  proportion  to  the  dis- 
tance passed,  shall  be  charged  or  taken  by  said  Corporation  for 


LAWS   OF   NEW  HAMPSHIRE  809 

boats  or  other  floats  navigating  said  Canal,  or  for  persons  or  things 
transported  thereon,  which  shall  enter  into  or  proceed  from  the  main 
Canal,  through  any  connecting  canal  or  rail  way,  than  the  tolls 
charged  and  bona  fide  taken  and  retained  for  like  boats,  floats, 
persons  or  things  proceeding  through  the  whole  extent  of  the  canal 
authorized  by  this  act.  And  provided  that  the  Legislature  shall 
have  a  right  to  alter  the  rates  of  toll  at  any  time  after  thirty  years 
from  the  passing  of  this  act.  And  all  collectors  duly  appointed  by 
said  Corporation  may,  at  the  proper  place  or  places  for  collecting 
toll,  or  transit  duties,  stop,  and  detain  all  boats,  rafts  and  other 
property  floating  on  said  Canal,  until  the  boatman,  or  person  hav- 
ing charge  thereof,  or  the  owner  thereof,  shall  pay  the  full  amount 
of  toll  and  transit  duties  due  to  said  Corporation. 

Section  7.  And  be  it  further  enacted,  That  if  any  person  shall 
wantonly  and  unnecessarily  open  or  shut,  or  cause  to  be  opened  or 
shut  any  lock  or  gate,  so  that  damage  shall  ensue  thereby;  or,  if 
any  person  shall  wilfully  and  maliciously  obstruct  or  impede  any 
boat,  raft  or  other  thing  in  said  locks  or  canal,  or  in  navigating  the 
same;  or,  shall  destroy  or  injure  any  part  of  said  Canal,  its  locks, 
dams,  tow  paths,  aqueducts,  or  culverts,  or  its  branches,  feeders,  or 
reservoirs,  or  any  part  thereof;  or,  any  of  the  works  appertaining 
thereto,  or  any  materials  to  be  used  in  the  construction  thereof,  he 
she  or  they,  or  any  person  or  persons  aiding,  assisting,  or  abetting 
such  trespass,  shall  forfeit  and  pay  to  said  Corporation  for  every 
such  offence,  a  sum  not  exceeding  thirty  five  dollars,  together  with 
treble  such  damages  as  shall  be  proved  before  the  Justice,  Court  or 
Jury  before  which  the  trial  shall  be  had,  to  be  sued  for  and  recov- 
ered before  any  Justice  of  the  Peace,  or  Court  proper  to  try  the 
same,  in  the  County  where  such  offence  shall  have  been  committed, 
in  the  name  of  the  Treasurer  of  said  Corporation,  or  of  such  other 
officer  as  they  shall  authorize,  to  the  use  of  said  Corporation.  And 
such  offender  or  offenders,  for  any  offences  contrary  to  the  above 
provisions  of  this  act,  shall  be  liable  to  indictment  by  the  Grand 
Jury  of  the  County  wherein  the  offence  shall  have  been  committed, 
and  on  conviction  thereof  in  the  Superior  Court  of  Judicature,  to 
be  holden  in  said  County,  shall  pay  a  fine  not  exceeding  five  hundred 
dollars,  nor  less  than  thirty  dollars,  to  the  use  of  said  County,  or  may 
be  imprisoned  for  a  time  not  exceeding  three  years,  at  the  discretion 
of  the  Court  before  which  the  conviction  may  be  had.  And  all  for- 
feitures and  penalties  under  this  act,  or  for  the  violation  of  any 
of  the  by-laws,  rules  or  regulations  of  said  Corporation,  may  in  like 
manner  be  sued  and  recovered  in  the  name  of  the  Treasurer  of  said 
Corporation,  or  such  other  officer  as  they  shall  authorize,  to  the  use 
of  said  Corporation,  before  any  Justice  of  the  Peace,  or  any  Court 
proper  to  try  the  same  in  the  County  wherein  said  penalty  shall  ac- 
crue. And  said  Corporation  shall  cause  all  such  by  laws,  rules  and 
regulations,  to  the  breach  of  which  penalties  are   affixed,   to  be 


8  10  LAWS   OF   NEW  HAMPSHIRE 

printed,  and  a  copy  thereof  to  be  placed  in  some  conspicuous  sit- 
uation at  each  toll  house,  and  if  any  person  or  persons  shall  wan- 
tonly or  maliciously  mar,  deface  or  pull  down  any  copy  so  set  up, 
said  Corporation  may  sue  for  and  recover  to  their  own  use  of  such 
person  or  persons  before  any  Court  proper  to  try  the  same,  a  sum 
not  exceeding  five  dollars. 

Section  8.  And  be  it  further  enacted,  That,  before  said  Corpo- 
ration shall  enter  upon  any  lands,  or  take  possession  of  any  streams, 
ponds,  or  other  bodies  of  water,  by  virtue  of  the  provisions  of  this 
act,  three  judicious,  disinterested  persons  shall  be  appointed  by  the 
Justices  of  the  Superior  Court  of  Judicature  as  a  board  of  Commis- 
sioners, whose  duty  it  shall  be  to  consider  and  adjust  all  claims  for 
damages  made  upon  said  Corporation  by  any  person  or  persons, 
Corporation  or  corporations,  who  by  the  provisions  of  this  act  may 
or  shall  be  entitled  to  damages.  And  said  Corporation  shall  give 
such  notice  of  their  intention  to  apply  for  the  appointment  of  such 
Commissioners  as  the  Justices  of  said  Court  shall  direct  or  deem 
sufficient.  And  the  Clerk  of  said  Court  shall  make  a  record  of  the 
appointment  of  such  Commissioners,  and  all  subsequent  appoint- 
ments which  may  be  made  to  fill  vacancies  which  may  be  occasioned 
in  said  Board,  said  Commissioners  shall  severally  be  sworn  to  a 
faithful  discharge  of  their  duty;  shall  keep  a  full  and  true  account 
of  all  their  proceedings;  and  any  two  of  them  shall  constitute  a 
quorum  for  doing  business,  and  shall  receive  from  said  Corpora- 
tion a  just  and  reasonable  compensation  for  their  expenses  and 
services,  to  be  prescribed  by  said  Court,  and  shall  severally  hold 
their  offices  for  the  term  of  five  years,  unless  the  same  shall  sooner 
be  vacated  by  death,  resignation  or  removal.  And  if  any  Commis- 
sioner shall  become  a  stockholder  in  said  Corporation,  he  shall  be 
removed  by  said  Court,  as  well  as  for  any  other  sufficient  cause, 
shown  to  said  Court  by  said  Corporation,  or  by  any  individual  per- 
son, and  another  Commissioner  shall  be  appointed  in  his  stead.  And 
said  Board  of  Commissioners  shall,  before  considering  or  deciding 
upon  any  claim  for  damages  made  as  aforesaid,  give  due  notice 
in  such  manner  as  shall  be  directed  by  said  Court,  to  all  the  par- 
ties interested,  or  to  their  agent  or  attorney,  of  the  time  and  place 
of  considering  the  same;  and  if  either  party,  having  been  notified 
as  aforesaid,  shall  neglect  to  attend,  said  Commissioners  may  pro- 
ceed ex  parte,  and  make  such  award  as  to  them  shall  seem  just, 
taking  into  view  the  benefit  as  well  as  the  injury  which  may  accrue 
to  the  complaining  party.  And  said  Corporation  may  tender  in 
money  the  damages  so  assessed  by  said  Commissioners  to  the  person 
or  persons,  Corporation  or  Corporations,  whose  property  or  rights 
have  been  taken  or  injured;  and  shall  thereupon  have  a  right  to 
enter  upon,  and  forever  hold,  use  and  possess  any  land,  or  other 
property,  right  or  privilege  for  which  compensation  has  been 
awarded  and  tendered  in  manner  aforesaid.    And  in  all  cases  where 


LAWS  OF   NEW  HAMPSHIRE  8  I  I 

damages  shall  be  assessed  in  pursuance  of  this  act,  if  said  Corpo- 
ration shall  neglect  to  pay  or  tender  to  the  person  or  persons  to 
whom  such  damages  shall  be  awarded,  or  to  the  guardian,  husband, 
agent  or  attorney  of  such  person,  the  amount  of  such  damages 
within  six  months  after  such  award  shall  be  made,  except  an  appeal 
be  entered,  and  in  that  case,  within  three  months  after  judgment 
entered,  all  right  of  said  Corporation  to  such  property,  then  ap- 
praised, shall  cease,  unless  they  shall  purchase  the  same  of  the 
owner  thereof:  Provided  however  that  when  either  of  the  parties 
shall  feel  aggrieved  by  any  assessment  of  damages  made  by  said 
Commissioners,  the  party  so  aggrieved  may,  at  any  time  within 
thirty  days  after  notice  of  such  assessment,  appeal  to  the  Superior 
Court  of  Judicature  next  to  be  holden  within  and  for  the  County  in 
which  such  property,  right  or  privilege  is  situated,  which  Court 
shall  decide  thereon,  and  tax  cost  for  either  or  neither  party,  as  to 
said  Court  shall  seem  just;  and  the  party  making  such  appeal  shall 
cause  a  written  notification  thereof,  signed  by  or  in  behalf  of  such 
party,  and  by  one  or  more  of  said  Commissioners,  to  be  forthwith 
lodged  with  the  Clerk  of  said  Court;  and  shall  also  cause  a  copy 
of  such  notification  to  be  left  with  the  adverse  party,  his  or  her 
known  agent  or  attorney,  husband  or  guardian,  as  the  case  may 
be,  when  the  appeal  is  taken  by  said  Corporation,  or,  with  a  Di- 
rector, or  Clerk  of  said  Corporation  when  the  appeal  is  taken  by 
a  party  claiming  damages  from  said  Corporation.  Provided  further, 
that  either  party  on  said  appeal,  shall  be  entitled  to  a  trial  by  Jury, 
whose  verdict  with  judgment  rendered  thereon  shall  be  final  and 
conclusive. 

Section  9.  And  be  it  further  enacted,  That  said  Corporation 
for  the  purpose  of  raising  the  funds  authorized  by  this  act,  for  the 
accomplishment  of  the  objects  aforesaid,  may  as  soon  as  it  shall  see 
fit  after  the  passing  of  this  act,  and  from  time  to  time  thereafter 
as  it  may  become  necessary,  and  until  sufficient  funds  shall  be  ob- 
tained, open  books  at  some  suitable  place  or  places,  wherein  sub- 
scriptions may  be  entered  for  the  capital  stock  of  said  Corporation; 
of  the  time  and  place  of  opening  books  for  subscription  to  said 
stock,  such  notice  shall  be  given  as  shall  be  directed  by  the  by  laws 
of  said  Corporation;  each  share  to  be  of  the  amount  of  one  hundred 
dollars,  and  each  subscriber  to  be  a  member  of  said  Corporation  for 
all  purposes,  and  as  soon  as  five  hundred  thousand  dollars  shall  have 
been  subscribed,  the  Corporation  may  be  organized  in  manner  fol- 
lowing, to  wit:  The  persons  named  in  this  act,  or  any  four  of  them, 
may  make  application  to  one  of  the  Justices  of  the  Superior  Court 
of  Judicature,  requesting  him  to  call  a  meeting  of  the  Stockholders, 
to  be  holden  at  Charlestown  in  the  County  of  Sullivan;  whereupon 
said  Justice  may  issue  his  warrant,  to  any  one  of  said  applicants, 
directing  him  to  notify  the  stockholders  to  meet  at  said  Charles- 
town,  at  such  time  as  said  Justice  may  therein  appoint,  to  do  and 


Sl2  LAWS  OF   NEW   HAMPSHIRE 

transact  all  such  matters  and  things  as  may  or  shall  be  necessary 
for  the  well  ordering  or  management  of  the  concerns  of  said  Cor- 
poration; and  the  individual  to  whom  such  warrant  shall  be  di- 
rected, shall  give  notice  of  such  meeting  by  causing  such  warrant 
to  be  published  in  one  or  more  newspapers  printed  in  each  of  the 
following  towns,  to  wit — Haverhill  and  Keene  in  the  State  of  New 
Hampshire,  Windsor  and  Brattleborough  in  the  State  of  Vermont, 
North  Hampton  and  Westfield  in  the  Commonwealth  of  Massachu- 
setts, and  Hartford  and  New  Haven  in  the  State  of  Connecticut, 
and  such  other  papers  as  said  Corporation  shall  direct:  which  pub- 
lications shall  be  at  least  thirty  days  previous  to  said  meeting.  And 
said  Stockholders  may  at  said  meeting,  or  at  any  subsequent  meet- 
ing, choose  a  board  of  Directors,  a  Clerk,  Treasurer,  and  such  other 
officers  as  they  shall  judge  necessary  for  regulating  and  managing 
the  affairs  of  said  Corporation.  And  every  member  shall  have  a 
right  to  vote  at  said  meeting  and  at  all  other  meetings  by  himself, 
or  proxy  duly  authorized  in  writing,  each  share  entitling  the  owner 
thereof  to  one  vote. 

Section  10.  And  be  it  further  enacted,  That  the  said  Corpora- 
tion, or  board  of  Directors  being  duly  authorized  by  the  Corpora- 
tion, may  from  time  to  time  to  time  order  the  payment  of  such 
instalment  or  instalments  on  the  shares  of  the  stockholders  as  shall 
be  necessary  to  construct  and  complete  said  Canal,  and  the  other 
works  connected  therewith,  giving  such  notice  thereof  as  shall  be 
directed  by  the  by  laws  of  the  Corporation;  and  if  any  stockholders 
shall  neglect  or  refuse  to  pay  his  instalment  for  the  space  of  sixty 
days,  after  the  same  shall  have  become  due,  the  Corporation,  or  any 
person  by  them  duly  authorized  for  that  purpose,  may,  after  giving 
such  notice  thereof  as  the  by  laws  may  require,  make  sale  of  such 
share  or  shares,  at  public  auction,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser  by  the  Treasurer  in 
manner  herein  after  provided,  and  such  delinquent  stockholder 
shall  be  holden  accountable  to  the  Corporation  for  the  balance  due 
on  his  share  or  shares,  in  case  said  share  or  shares  shall  be  sold  for 
less  than  the  amount  which  shall  be  due  thereon,  and  shall  be  entitled 
to  the  surplus,  if  any  there  be,  beyond  the  amount  of  instalments  so 
as  aforesaid  due  thereon.  But  no  instalment  shall  be  made  so  as  to 
render  a  stockholder  liable  to  pay  more  than  one  hundred  dollars 
on  a  share. 

Section  n.  And  be  it  further  enacted,  That  all  transfers  of 
any  share  or  shares  shall  be  made  on  the  books  of  said  Corporation, 
and  in  such  form  and  manner  as  shall  be  directed  by  the  by-laws  of 
the  Corporation;  but  no  transfer  shall  be  made  for  less  than  one 
whole  share.  And  the  Treasurer  is  authorized  to  made  transfers  in 
like  manner  of  all  shares  sold  under  the  provisions  of  this  act  for 
non  pavment  of  instalments. 

Section  12.     And  be  it  further  enacted,  That  all  expenses  that 


LAWS  OF   NEW  HAMPSHIRE  8  I  3 

have  been  or  shall  be  incurred  in  procuring  the  inspection,  examina- 
tion and  survey  of  the  location  of  said  Canal,  and  the  act  of  incor- 
poration, or  that  shall  be  incurred  in  procuring  subscriptions  to  the 
stock,  shall  be  repaid  out  of  the  first  instalment,  and  entered  in  the 
books  of  the  Corporation,  and  become  a  part  of  the  capital  stock. 

Section  13.  And  whereas  the  said  Canal,  if  completed,  will  be 
of  great  public  utility:  therefore,  for  the  purpose  of  inducing  per- 
sons to  subscribe  to  the  stock  of  said  Corporation — Be  it  further 
enacted,  That  the  stock  of  said  Corporation  shall  be  exempt  from  all 
public  taxes  until  the  annual  income  therefrom  shall  be  sufficient  to 
pay  the  annual  and  necessary  expenses  of  repairs,  and  to  the  Stock- 
holders six  per  cent  on  their  capital:  Provided  however  that  this 
Section  shall  not  continue  in  force  for  a  longer  time  than  thirty 
years  from  the  passing  of  this  act. 

Section  14  And  Be  it  further  enacted,  That  if  said  Corporation 
shall  not  in  the  space  of  five  years  next  after  the  passing  of  this 
act  make  and  complete  said  Canal  so  as  that  the  same  shall  be 
navigable  from  the  South  line  of  this  State  as  far  north  as  the  village 
of  Brattleborough  in  the  State  of  Vermont  and  also  the  connecting 
canal  herein  required  to  be  made,  then  in  that  case  all  the  rights, 
powers  and  privileges  granted  by  this  act  shall  cease  and  determine: 
And  in  said  case  said  Canal  shall  be  made  and  completed  from  said 
South  line  of  this  State  to  said  Village  of  Brattleborough,  within 
said  term  of  five  years,  and  said  Corporation  shall  not  in  each  suc- 
ceeding year  thereafter  make  and  complete  twelve  miles  of  said 
Canal,  and  in  five  years  the  whole  extent  thereof  to  its  northern 
termination  by  this  act,  then  all  the  rights  powers  and  privileges 
granted  by  this  act  to  make  and  construct  said  Canal  shall  cease 
and  determine,  except  as  to  that  part  and  portion  thereof  which 
shall  have  been  actually  made  and  completed  which  shall  vest  in  and 
become  the  property  of  said  Corporation  under  this  act. 

Section  15.  And  be  it  further  enacted,  That  this  act  shall  be 
taken  and  deemed  to  be  a  public  act  and  the  Canal  hereby  granted, 
be,  and  the  same  hereby  is  declared  a  public  way  for  all  the  Citizens 
of  this  State  and  others  to  pass  and  repass  thereon  with  their  boats 
rafts  and  other  craft  under  such  by  laws  rules  and  regulations  as 
are  herein  before  authorized  to  be  made,  and  said  Corporation  shall 
at  all  times  keep  in  sufficient  repair  said  Canal  and  other  works, 
and  shall  provide  suitable  persons  to  tend  the  locks  so  that  boats, 
rafts  or  other  craft  navigating  said  Canal  shall  not  be  subject  to 
any  unnecessary  delay,  and  for  any  unreasonable  neglect  so  to  do 
said  Corporation  shall  be  subjected  to  the  payment  of  any  dam- 
ages which  the  owner  or  owners  of  any  property  passing  through 
said  Canal  or  locks  may  sustain  by  reason  of  any  unnecessary  de- 
tention or  through  the  carelessness  neglect  or  misconduct  of  the  said 
Corporation,  their  Servants  or  Agents. 


8  14  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  79.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  incorporate  sundry  persons  by  the  name  of  the 
President,  Directors  and  Company  of  the  Manufacturers 
Bank. 

[Approved  December  30,  1828.    Acts,  vol.  26,  p.  181.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Charles  Barrett,  Henry 
Isaacs,  Silas  Bullard,  Stephen  Wheeler,  George  F.  Farley,  Samp- 
son Fletcher,  John  Stevens  and  their  associates,  and  those  who  may 
hereafter  become  associates  in  said  Bank,  their  sucessors  and  as- 
signs, be,  and  they  hereby  are  created  and  made  a  Corporation  by 
the  name  of  the  President,  Directors  and  Company  of  the  Manu- 
facturers' Bank;  and  shall  so  continue  until  the  first  day  of  January 
which  will  be  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty  nine;  and  by  that  name  shall  be,  and  hereby  are,  made 
capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended,  in  any  Court  of  record,  or  any  other  place  what- 
ever; and  also,  to  make,  have  and  use  a  common  seal,  and  the  same 
at  pleasure  to  break,  alter  or  renew;  also  to  ordain,  establish  and 
put  in  execution,  such  by  laws,  ordinances  and  regulations,  not  re- 
pugnant to  the  laws  of  the  State  as  to  them  shall  seem  necessary 
and  convenient  for  their  regulation  and  government,  and  for  the 
prudent  management  of  the  affairs  of  said  Corporation,  subject 
always  to  the  rules,  restrictions,  regulations  and  provisions  herein 
after  prescribed. 

Section  2.  And  be  it  further  enacted,  That  the  capital  or  joint 
stock  of  said  Corporation  shall  consist  of  a  sum  not  less  than  one 
hundred  thousand  dollars,  nor  more  than  two  hundred  thousand 
dollars  in  specie,  and  shall  be  divided  into  one  thousand  shares; 
and  the  stockholders  shall  at  their  first  meeting,  or  at  an  adjourn- 
ment thereof,  by  a  majority  of  votes,  determine  the  amount  of  pay- 
ments to  be  made  on  each  share,  and  the  time  when  and  place 
where  they  shall  be  made;  and  also,  the  manner  of  transfering  and 
disposing  of  the  stock  and  the  profits  thereof,  which,  being  entered 
on  the  books  of  said  Corporation,  shall  be  binding  on  the  stock- 
holders, their  successors  and  assigns:  Provided,  that  no  stock- 
holder shall  be  allowed  to  borrow  at  said  Bank  until  he  shall  have 
paid  his  full  proportion  of  said  sum  of  one  hundred  thousand 
dollars  at  least;  Provided  also,  that  no  stockholder  shall  in  any 
case  be  allowed  to  borrow  more  than  fifty  per  cent  on  his  capital 
stock  so  paid  in.  And  the  said  corporation  is  hereby  made  capable 
in  law  to  have,  hold,  purchase  and  receive,  possess,  enjoy  and  retain 


LAWS  OF   NEW  HAMPSHIRE  8  I  5 

to  them,  their  successors  and  assigns,  lands,  tenements  and  heredit- 
aments to  the  amount  of  ten  thousand  dollars  and  no  more  at  any 
one  time,  with  power  to  bargain,  sell,  dispose  of  and  convey  the 
same;  and  to  loan  and  negotiate  their  moneys  and  effects  by  dis- 
counting on  banking  principles  on  such  personal  security  as  tli-y 
shall  think  adviseable. 

Section  3.  And  be  it  further  enacted,  That  the  following  rules, 
restrictions,  limitations  and  provisions,  shall  form,  and  be  the  fun- 
damental articles  of  said  Corporation. 

1.  That  the  said  Corporation  shall  not  issue  and  have  in  cir- 
culation at  any  one  time  bills,  notes  or  obligations  to  a  greater 
amount  than  the  amount  of  the  capital  stock  actually  paid  in  at 
such  time  and  then  composing  the  capital  stock  of  said  Bank.  And 
in  case  any  Cashier,  Director,  or  other  Officer  of  said  Bank,  at  any 
time,  shall  knowingly  issue,  order  direct  or  cause  to  be  issued  and 
put  in  circulation,  bills,  notes  or  obligations  of  said  Bank,  which, 
together  with  those  before  issued  and  then  in  circulation,  shall 
exceed  the  amount  of  the  capital  stock  of  said  Bank  as  aforesaid, 
such  Cashier,  Director  or  other  officer,  shall  forfeit  and  pay  a  sum 
not  exceeding  ten  thousand  dollars,  nor  less  than  one  thousand 
dollars. 

2.  That  dividends  may  be  made  semiannually  among  the  Stock- 
holders of  said  Bank  of  interest  or  profits  actually  received;  but  no 
part  of  the  capital  stock  of  said  Bank  shall  be  divided  among,  or 
paid  to  the  stockholders,  either  before  or  after  the  expiration  of  the 
time  limited  by  this  act  for  the  continuance  of  said  Corporation, 
without  the  license  of  the  Legislature  of  this  State  therefor,  on 
penalty  that  any  Cashier,  Director  or  other  Officer,  who  shall  so 
divide  or  pay  the  same,  or  order,  direct,  or  cause  the  same  to  be 
done,  shall  therefor  forfeit  and  pay  a  sum  not  exceeding  ten  thou- 
sand dollars,  nor  less  than  one  thousand  dollars:  Provided  never- 
theless, that  it  shall  be  lawful  for  the  Stockholders,  after  having 
given  one  year's  previous  notice  of  their  intention,  by  advertisement 
in  two  newspapers  published  in  this  State,  and  after  payment  of 
all  outstanding  debts  due  from  said  Bank,  to  make  division  of  the 
capital  stock  among  themselves,  and  thereby  dissolve  said  Corpora- 
tion. 

3.  That  in  case  of  a  diminution  or  loss  of  any  portion  of  the  sum 
composing  the  capital  stock  of  said  Bank  by  any  means  whatever, 
it  shall  be  the  duty  of  the  Directors,  in  their  next  annual  return  of 
the  condition  of  said  Bank,  by  law  required  to  be  made,  to  the  Gov- 
ernor and  Council,  to  state  the  amount  of  such  diminution  or  loss, 
and  the  cause  thereof;  and  after  such  loss  or  diminution,  no  divi- 
dend of  interest  or  profit  shall  be  made,  until  such  loss  or  diminu- 
tion shall  have  been  replaced  or  supplied  by  assessments  and  actual 
payments  of  the  Stockholders,  or  by  appropriations  therefor  of  the 
interest  and  profit  actually  received. 


8l6  LAWS  OF   NEW  HAMPSHIRE 

4  That  said  Corporation  shall  not  vest,  use  nor  improve  any 
of  their  moneys,  goods,  chattels  or  effects,  in  trade  or  commerce, 
but  may  sell  all  kinds  of  personal  pledges  lodged  in  their  possession 
by  way  of  security,  to  an  amount  sufficient  to  reimburse  the  sum  or 
sums  loaned. 

5.  That  none  but  a  member  of  said  Corporation,  being  a  citizen 
of  this  State,  and  resident  therein,  shall  be  eligible  for  a  Director; 
and  the  Directors  shall  choose  one  of  their  own  number  to  act  as 
President;  the  Cashier,  before  he  enters  upon  the  duties  of  his 
office,  shall  give  bond,  with  two  or  more  sureties,  to  the  satisfaction 
of  the  board  of  Directors,  in  a  sum  not  less  than  twenty  five  thou- 
sand dollars,  with  condition  for  the  faithful  performance  of  the 
duties  of  his  office. 

6.  That  for  the  well  ordering  of  the  affairs  of  said  Corporation, 
a  meeting  of  the  Stockholders  shall  be  holden  at  such  place  as  they 
shall  direct  on  the  first  Monday  of  March,  annually,  from  and  after 
their  first  meeting,  and  at  any  other  time  during  the  continuance  of 
said  Corporation,  at  such  place  as  may  be  appointed  by  the  Presi- 
dent and  Directors  for  the  time  being,  by  public  notice  being  given 
at  least  two  weeks  prior  thereto;  at  which  annual  meeting  there 
shall  be  chosen  by  ballot  seven  Directors,  to  continue  in  office  the 
year  ensuing  their  election,  and  until  others  are  chosen  in  their 
stead;  and  the  number  of  votes  to  which  each  stockholder  shall  be 
entitled  shall  be  according  to  the  number  of  shares  he  shall  hold  in 
the  following  proportion,  that  is  to  say,  for  every  one  share,  one 
vote,  for  every  two  shares  above  one  and  not  exceeding  twenty,  one 
vote;  for  every  three  shares  above  twenty,  one  vote;  provided  that 
no  one  stockholder  shall  be  entitled  to  more  than  fifteen  votes. 
Absent  members  may  vote  by  proxy,  being  authorized  in  writing, 
signed  by  the  person  represented  and  filed  with  the  Cashier. 

7.  That  no  Director  shall  be  entitled  to  any  emolument  for  his 
services;  but  the  Stockholders  may  make  the  President  such  com- 
pensation as  to  them  shall  appear  reasonable. 

8.  That  no  less  than  four  Directors  shall  constitute  a  Board  for 
the  transaction  of  business,  of  whom  the  President  shall  be  one, 
execpt  in  case  of  sickness  or  necessary  absence;  in  which  case  the 
Directors  present  may  choose  a  chairman  for  the  time  being  in  his 
stead. 

9.  That  all  bills  issued  from  said  Bank,  signed  by  the  President, 
and  countersigned  by  the  Cashier,  shall  be  binding  on  the  Corpora- 
tion. 

10  That  the  Directors  shall  appoint  a  Cashier,  Clerks,  and  such 
other  agents  or  servants  for  conducting  the  business  of  the  Bank, 
with  such  salaries  as  to  them  shall  seem  just  and  proper. 

11.  That  the  aforesaid  Bank  shall  be  established  and  kept  in  the 
Town  of  New  Ipswich  in  the  County  of  Hillsborough. 

12.  That  the  Legislature  shall  at  all  times  have  the  right,  by 


LAWS  OF  NEW  HAMPSHIRE  8  1 7 

persons  duly  appointed  for  that  purpose,  to  examine  into  the  state 
and  condition,  and  all  the  doings  and  transactions  of  said  Corpora- 
tion, and  of  their  officers  relating  to  the  same;  for  which  purpose 
all  the  books  and  papers  of  the  Corporation,  together  with  their 
monies  and  securities  for  money  shall  be  exhibited  and  submitted 
to  the  inspection  and  examination  of  such  persons,  so  appointed, 
and  each  officer  shall  answer  on  oath,  if  required,  all  suitable  and 
proper  interrogatories  relating  to  the  state,  condition  or  transactions 
of  said  Bank. 

Section  4.  And  be  it  further  enacted,  That  the  said  Charles 
Barret,  Henry  Isaacs  and  Stephen  Wheeler,  or  any  two  of  them  may 
call  a  meeting  of  the  members  of  said  Corporation  at  such  time  and 
place  as  they  may  deem  proper,  by  publishing  a  notice  thereof  in 
the  Farmers  Cabinet  printed  in  Amherst  in  said  County  of  Hills- 
borough, at  least  two  weeks  prior  thereto,  for  the  purpose  of  making, 
ordaining  and  establishing  such  by  laws,  ordinances  and  regula- 
tions, as  the  said  members  may  deem  necessary,  and  for  the  choice 
of  the  first  Board  of  Directors,  and  such  other  officers  as  they  may 
see  fit  to  choose. 

Section  5  And  be  it  further  enacted,  That  all  penalties  incurred 
for  a  breach  of  any  of  the  provisions  of  this  act,  may  be  recovered 
by  information  or  suit  in  the  name  of  the  State. 

Section  6.  And  be  it  further  enacted,  That  if  said  Corporation 
shall  not  be  organized  and  in  operation,  and  shall  not  have  actually 
paid  to  the  Treasurer  of  this  State,  on  or  before  the  second  Wednes- 
day of  June,  which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty,  one  half  of  one  per  cent  on  the  amount 
which  shall  constitute  the  capital  stock  of  said  Bank,  agreeably  to 
the  provisions  of  the  act  to  establish  a  literary  fund,  to  be  collected 
from  the  several  banking  corporations  in  this  State,  passed  June  20, 
182 1 ;  in  that  case,  this  act  and  every  part  thereof  shall  be  void  and 
of  no  effect. 


[CHAPTER  80.] 


State  of  ) 

New  Hampshire.  \ 


An  act  to  incorporate  sundry  persons  by  the  name  of  the 
Proprietors  of  the  First  Free  Baptist  Meeting  House  in 
Strafford. 

[Approved  December  30,  1828.     Acts,  vol.  26,  p.  189.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened.  That  Joseph  Huckins, 
Andrew  N.  Hill,  Joseph  Stiles,  John  Winkley,  James  Tuttle  and 
their  Associates,   proprietors   of  the   First   Free   Baptist   Meeting 

52 


8l8  LAWS  OF  NEW  HAMPSHIRE 

House  in  Strafford,  be  and  hereby  are  incorporated  and  made  a 
body  corporate  and  politic  by  the  name  of  the  Proprietors  of  the 
First  Free  Baptist  Meeting  House  in  Strafford,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  shall  be,  and  hereby  are  vested  with  all  the  powers 
and  privileges  incident  to  Corporations  of  a  similar  nature. 

Section  2 .  And  be  it  further  enacted,  That  shaid  Joseph  Huckins, 
Andrew  N.  Hill  and  Joseph  Stiles,  or  any  two  of  them,  may  call  the 
first  meeting  of  said  Corporation  by  posting  up  a  notice,  expressing 
the  time  place  and  design  of  said  meeting,  at  said  meeting  house  in 
said  Strafford,  at  least  three  weeks  prior  to  the  day  of  holding  the 
same.  And  said  Corporation  may  at  the  same,  or  any  subsequent 
meeting,  make  such  by  laws  not  repugnant  to  the  Constitution  and 
laws  of  the  State,  and  elect  and  appoint  such  officers  and  agents  as 
they  may  think  proper. 

Section  3.  And  be  it  further  enacted,  That  each  member  of  said 
Corporation  shall  be  entitled  to  as  many  votes  as  he  may,  at  the  time 
of  casting  his  vote,  own  pews  in  said  Meeting  House,  and  no  more. 

Section  4.  And  be  it  further  enacted,  That  said  Corporation 
may  at  any  meeting,  notified  for  that  purpose,  by  a  majority  of  the 
voters  present,  raise  any  sum  or  sums  of  money,  that  they  may 
deem  necessary  for  the  purpose  of  repairing  said  meeting  house; 
and  all  sums  of  money  raised  for  the  purpose  aforesaid,  shall  be 
assessed  on  the  pews  according  to  their  value,  which  value  shall  be 
determined  by  a  Committee  of  three  persons  to  be  chosen  for  that 
purpose  by  said  Corporation,  and  in  case  any  tax  so  assessed  on  the 
pew  or  pews  of  any  member  of  said  Corporation,  shall  remain 
unpaid  for  the  term  of  three  months  next  after  the  assessment 
thereof,  any  pew  or  pews  upon  which  the  tax  or  taxes  so  remain 
unpaid,  may  be  advertised  by  the  Treasurer  of  said  Corporation 
and  sold  at  public  auction  to  the  highest  bidder  after  posting  up  no- 
tice thereof  at  the  door  of  said  meeting  house  fifteen  days  previous 
to  said  sale,  and  after  paying  such  tax  or  taxes  and  cost  of  sale, 
the  residue  of  the  money  accruing  from  the  same  shall  be  paid  over 
to  the  delinquent  owner  of  any  pew  or  pews  sold  as  aforesaid  on 
demand.  Provided,  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  authorize  said  Corporation  to  hold  any  estate  other 
than  the  Meeting  House  aforesaid,  or  to  transact  any  business 
except  such  as  shall  relate  to  the  upholding  and  keeping  said  meet- 
ing house  in  repair. 

Section  5.  And  be  it  further  enacted,  That  no  part  of  the  pro- 
visions of  this  act  shall  extend  to  any  person,  or  to  the  property 
of  any  person,  who  is  not  by  his  own  consent  a  member  of  said  Cor- 
poration. 


LAWS  OF   NEW   HAMPSHIRE  819 

[CHAPTER  81.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  allow  grace  on  Bills  of  exchange  and  promissory 
notes  according  to  the  custom  of  merchants. 

[Approved  December  31,  1828.  Acts,  voL  26,  p.  195.  Session  Laws,  1828, 
Chap.  81.  Laws,  1830  ed.,  p.  498.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes  (1842),  Chap.  230.] 

Whereas  doubts  have  arisen  whether  days  of  grace  are  by  law 
to  be  allowed  on  inland  Bills  of  exchange  and  promissory  notes  as 
are  by  the  custom  of  merchants  allowed  on  foreign  bills  of  exchange, 
therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  on  all  inland  Bills  of  exchange  ex- 
pressed to  be  payable  at  sight  or  payable  at  a  future  day  certain 
within  this  State  and  on  all  promissory  negotiable  notes  orders  and 
drafts  payable  at  a  future  day  certain  within  this  State  in  which 
there  is  not  an  express  stipulation  to  the  contrary  grace  shall  be 
allowed  in  the  same  manner  as  it  is  by  the  custom  of  Merchants 
allowed  on  foreign  bills  of  exchange  payable  at  the  expiration  of  a 
certain  period  from  date  or  sight.  Provided,  that  the  provision  of 
this  act  shall  not  extend  to  any  bills  of  exchange,  note  order  or  draft 
payable  on  demand. 

Section  2 .  And  be  it  further  enacted,  That  this  act  shall  not  take 
effect  till  the  first  day  of  March  next. 

[CHAPTER  82.] 

State  of  } 

New  Hampshire.  \ 

An  act  to  declare  the  jurisdiction,  and  regulate  THE  PRO- 
CEEDINGS of  Justices  of  the  Peace  in  civil  and  criminal 

CASES. 

[Approved  December  31,  1828.  Acts,  vol.  26,  p.  197.  Session  Laws,  1828, 
Chap.  82.  Laws,  1830  ed.,  p.  65.  See  also  act  of  June  28,  1834,  Session 
Laws,  1834,  Chap.  177.  Repealed  by  act  of  December  23,  1842.  See  Revised 
Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  every  Justice  of  the 
Peace  within  his  County  be  and  hereby  is  authorized  and  empow- 
ered to  hear,  try  and  determine,  all  pleas  and  actions,  except  such 
wherein  the  title  of  real  estate  may  be  drawn  in  question,  when  the 


820  LAWS  OF   NEW  HAMPSHIRE 

sum  demanded  in  damages  does  not  exceed  thirteen  dollars  and 
thirty  three  cents  and  to  give  judgment  therein.  And  either  party- 
aggrieved  at  the  judgment  given  by  any  Justice  of  the  Peace  in  any 
civil  cause  may  appeal  therefrom  to  the  next  Court  of  Common 
Pleas  to  be  holden  in  the  same  County,  provided  that  appeal  be 
claimed  within  two  hours  after  the  judgment  is  rendered  and  en- 
tered. 

Section  2.  And  be  it  further  enacted,  That  if  any  plaintiff  in 
any  civil  suit  founded  on  contract  shall  appeal  from  the  judgment 
of  a  Justice  of  the  Peace  and  shall  not  at  the  Court  appealed  to, 
recover  damages  to  a  greater  amount  than  the  Justice  awarded,  the 
defendant  shall  recover  his  costs  on  such  appeal;  and  if  either  party 
in  any  civil  suit  shall  claim  an  appeal  from  the  judgment  of  a  Jus- 
tice of  the  Peace,  an  appeal  shall  not  be  granted  by  such  Justice 
unless  such  party  so  claiming  an  appeal,  shall  enter  into  a  recog- 
nizance to  the  adverse  party  with  sufficient  surety  or  sureties  in 
such  sum  as  such  Justice  shall  direct,  not  exceeding  twenty  dollars, 
conditioned  that  such  appellant  shall  pay  to  the  appellee  all  such 
costs  as  the  appellee  shall  recover  against  him  in  such  suit. 

Section  3.  And  be  it  further  enacted  that  when  an  action  of 
trespass  shall  be  brought  before  any  Justice  of  the  Peace,  and  the 
defendant  plead  the  general  issue,  he  shall  not  be  allowed  to  offer 
any  evidence,  that  may  bring  the  title  of  real  estate  in  question. 
And  when  in  any  such  action  the  defendant  shall  plead  a  special 
plea  whereby  the  title  of  real  estate  shall  be  drawn  in  question, 
the  Justice  shall  record  such  plea,  and  no  further  proceedings  shall 
be  had  thereon  before  the  Justice;  and  the  plaintiff  may  carry  an 
attested  copy  of  the  writ,  declaration,  plea  and  all  other  papers 
filed  in  the  same  cause  to  the  next  Court  of  Common  Pleas  to  be 
holden  in  the  same  County,  and  may  there  enter  his  said  action  and 
prosecute  the  same  to  final  judgment  as  in  cases  originally  com- 
menced in  said  Court  of  Common  Pleas;  and  the  Justices  of  said 
Court  are  hereby  empowered  to  take  cognizance  of  said  action,  and 
the  defendant  shall  be  holden  by  his  said  plea,  and  the  proceedings 
subsequent  thereto  shall  be  the  same  as  though  the  action  had  been 
commenced  and  prosecuted  so  far  in  said  Court.  And  in  case  the 
plaintiff  shall  not  enter  said  action  at  said  Court,  upon  complaint 
made  by  the  defendant,  the  Justices  of  said  Court  shall  allow  him  his 
full  costs  both  before  the  Justice  and  at  said  Court.  Provided  that 
in  case  the  plaintiff  shall  immediately  on  the  defendant's  plea  being 
filed  before  the  Justice  as  aforesaid,  pray  leave  to  become  nonsuit, 
that  liberty  shall  be  granted  him  by  the  Justice,  and  costs  shall  be 
taxed  for  the  defendant. 

Section  4.  And  be  it  further  enacted,  That  all  writs  issuing  from 
Justices  of  the  Peace  shall  be  served  fourteen  days  before  the  time 
of  trial,  and  before  they  are  served,  be  indorsed  by  the  plaintiff  or 
his  attorney,  if  living  within  this  State,  otherwise  by  some  respon- 


LAWS   OF   NEW  HAMPSHIRE  821 

sible  person  living  in  this  State;  and  the  indorser  shall,  in  case  the 
defendant  recover  costs  be  holden  and  liable  for  said  cost  in  the  same 
way  and  manner  as  indorsers  of  writs  returnable  to  the  Court  of 
Common  Pleas  by  law  now  are.  And  any  Justice  of  the  Peace  may 
upon  application  issue  a  scire  facias  in  due  form  of  law,  against 
such  indorser,  for  said  cost.  Provided  such  scire  facias  shall  be  sued 
out  within  one  year  from  the  time  of  rendering  judgment  against 
the  plaintiff  and  not  afterwards. 

Section  5.  And  be  it  further  enacted,  That  the  defendant  in  any 
cause  triable  before  a  Justice  of  the  Peace  may  give  any  special 
matter  in  evidence  under  the  general  issue,  except  such  as  may  bring 
the  title  of  real  estate  in  question. 

Section  6.  And  be  it  further  enacted,  That  any  constable  to 
whom  a  writ  or  other  legal  precept  maay  be  directed  by  a  Justice  of 
the  Peace,  be  and  hereby  is  fully  empowered  and  directed  to  serve 
and  return  the  same  according  to  law. 

Section  7.  And  be  it  further  enacted.  That  every  Justice  of  the 
Peace  shall  have  power  to  adjourn  the  trial  of  any  civil  cause 
brought  before  him  to  such  future  time  as  may  be  proper,  not  ex- 
ceeding three  months ;  And  no  Justice  of  the  Peace  shall  be  of  coun- 
sel or  act  as  an  attorney  to  either  party;  nor  shall  any  Justice  of  the 
Peace  undertake  to  advise  or  assist  any  party  in  any  cause  before 
him. 

Section  8.  And  be  it  further  enacted,  That  every  Justice  of  the 
Peace  for  the  preservation  of  the  peace,  or  upon  the  view  of  any 
breach  of  the  peace  or  of  any  other  transgression  of  law  proper  to 
his  cognizance  done  or  committed  by  any  person  or  pesons  what- 
soever, shall  be,  and  hereby  is  authorized  and  empowered  in  the 
absence  of  a  sheriff,  deputy  sheriff  and  constable  to  require  any 
person  or  persons  to  apprehend  and  bring  before  him  any  such 
offender  or  offenders;  and  every  person  who  upon  being  thereto 
required  shall  neglect  to  obey  such  Justice  shall  incur  and  suffer 
the  like  pains  and  penalties  as  in  case  of  neglecting  or  refusing  to 
assist  Sheriffs  in  the  execution  of  their  offices. 

Section  9.  And  be  it  further  enacted,  That  any  person  sen- 
tenced by  a  Justice  of  the  Peace  for  any  crime  or  offence,  may  appeal 
from  such  sentence  to  the  next  Court  of  Common  Pleas  to  be  holden 
in  the  same  County;  provided  the  appeal  be  claimed  at  the  time  of 
declaring  the  sentence  and  the  appellant  enter  into  a  recognizance 
with  sufficient  sureties  in  a  reasonable  sum  not  exceeding  one  hun- 
dred dollars  for  his  appearance  at  the  Court  appealed  to  and  to 
prosecute  his  appeal  there  with  effect  and  to  abide  the  order  of  the 
said  Court  thereon,  which  is  to  be  final,  and  in  the  mean  time  to  be  of 
good  behavior. 

Section  10.  And  be  it  further  enacted,  That  when  any  person  is 
brought  before  any  Justice  of  the  Peace  to  be  examined  or  tried  for 
any  offence  by  him  cognizable  and  justice  may  require  that  the  ex- 


822  LAWS  OF   NEW  HAMPSHIRE 

amination  or  trial  should  be  postponed  to  some  future  day,  the  said 
Justice  may  proceed  to  take  security  by  way  of  recognizance  of  the 
parties  and  witnesses  for  their  appearance  before  him  on  some  future 
day  in  the  same  manner  as  the  Superior  Court  of  Judicature  may 
and  can  do. 

Section  n.  And  be  it  further  enacted,  That  every  Justice  of  the 
Peace  shall  within  six  months  after  the  receipt  of  any  fine  or  for- 
feiture imposed  by  him  pay  the  same  to  the  person  or  persons  to 
whom  the  same  by  law  accrues  or  is  payable  on  pain  of  forfeiting 
the  sum  of  thirty  dollars  for  every  such  neglect  to  any  person  who 
will  sue  for  the  same;  and  shall  moreover  be  liable  to  an  action  by 
the  party  to  whose  use  the  said  fine  or  forfeiture  accrued  for  the 
amount  thereof  and  costs. 

Section  12.  And  be  it  further  enacted,  That  all  acts  and  parts 
of  acts  heretofore  passed  within  the  purview  of  this  act,  be  and  the 
same  hereby  are  repealed. 


[CHAPTER  83.] 


State  of  \ 

New  Hampshire.  | 


An  act,  in  addition  to  an  act,  entitled,  "An  act  to  authorize 
Calvin  Palmer  and  his  associates  to  erect  and  keep  in  re- 
pair a  Bridge  across  Connecticut  River. 

[Approved  December  31,  1828.  Acts,  vol.  26,  p.  203.  The  act  referred  to 
is  probably  dated  December  24,  1803,  Laws  of  New  Hampshire,  vol.  7,  p.  199. 
See  also  act  of  June  16,  1814,  id.,  vol.  8,  p.  306.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened;  That  said  Corporation  are 
hereby  authorized  to  build  and  keep  in  repair  a  bridge  across  Con- 
necticut River,  from  Lyman  in  this  State  to  Barnet  in  the  State  of 
Vermont,  in  addition  to  the  one  already  built  by  said  Corporation 
within  the  limits  of  their  charter,  to  be  located  at  Beards  falls,  so 
called,  being  the  Falls  next  below  Stevens  Ferry. 

Provided,  however,  that  said  bridge  shall  not  be  built  on  that  part 
of  said  river  covered  by  the  charter  for  said  Steven's  ferry,  without 
the  consent  of  the  Proprietors  thereof  first  had  and  obtained. 

Section  2 .  And  be  it  further  enacted,  That  said  Corporation  are 
hereby  authorized  and  empowered,  to  receive  and  collect  the  same 
rates  of  toll  at  said  Bridge,  when  built  and  completed,  as  they  are  by 
law  authorized  to  do  at  the  one  which  they  have  already  built  and 
that  they  shall  be  entitled  to  all  the  privileges  and  immunities,  and 
subject  to  all  the  restrictions,  liabilities  and  requirements,  in  rela- 
tion to  the  bridge  hereby  authorized  to  be  built,  to  which  they  are 


LAWS   OF   NEW  HAMPSHIRE  823 

entitled  and  subject  by  the  act  to  which  this  in  addition,  as  respects 
the  bridge  which  is  already  built  by  said  Corporation,  within  the 
limits  of  their  Charter  as  aforesaid. 

Section  3.  And  be  it  further  enacted,  That  if  within  three  years 
from  the  passing  of  this  act,  said  Corporation  shall  not  build  and 
complete  said  bridge;  or  if  the  same  shall  be  discontinued  or  out  of 
repair  for  the  term  of  two  years  at  any  one  time,  then  in  either  of  the 
cases  above  mentioned,  this  act  and  every  part  thereof  shall  be  null 
and  void. 


[CHAPTER  84.] 


State  of  \ 

New  Hampshire.  \ 


An  act  to  regulate  the  taking  of  depositions  to  be  used  on 
the  trial  of  civil  causes. 

[Approved  December  31,  1828.  Acts,  vol.  26,  p.  205.  Session  Laws,  1828, 
Chap.  84.  Laws,  1830  ed.,  p.  505.  This  act  repeals  acts  of  February  9,  1791. 
Laws  of  New  Hampshire,  vol.  5,  p.  612;  June  18,  1807,  id.,  vol.  7,  p.  605,  and 
June  29,  1819,  id.,  vol.  8,  p.  814.  See  also  act  of  June  24,  1839,  Session  Laws, 
1839,  Chap.  430.  Repealed  by  act  of  December  23,  1842.  See  Revised 
Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  in  the  trial  of  all  civil 
causes,  when  the  witnesses  in  any  such  cause,  are  bound  to  sea,  are 
old  and  infirm,  are  sick  and  unable  to  appear  at  court,  or  live  out 
of  the  State,  or  more  than  ten  miles  from  the  place  of  trial,  their 
depositions  may  be  taken  by  a  Justice  of  the  Peace,  but  no  Attorney 
employed,  nor  other  person  interested  in  the  cause  shall  write  the 
testimony  of  any  such  witness.  And  every  such  witness  shall  be 
sworn  to  testify  the  whole  truth  and  nothing  but  the  truth;  and  the 
Justice  shall  attest  the  same  with  the  time  of  caption,  and  that  the 
adverse  party  was  present  or  not  present;  notified  or  not  notified, 
and  if  present,  did  or  did  not  object,  as  the  case  may  be;  and  shall 
also  certify  the  cause  of  taking  such  deposition  and  shall  seal  up 
the  said  deposition  and  it  shall  be  so  delivered  into  Court  or  other- 
wise the  Justice  shall  deliver  the  same  with  his  own  hand  to  the 
court. 

Section  2.  And  be  it  further  enacted,  that  the  party  proposing 
to  take  any  such  deposition,  shall  a  reasonable  time  previous  to  the 
taking  of  the  same,  cause  a  notification  in  writing  signed  by  some 
Justice  of  the  Peace  in  this  State  to  be  delivered  to  the  adverse 
party,  or  left  at  his  usual  place  of  abode;  and  in  such  notification 
shall  be  expressed  the  name  of  the  Justice  of  the  Peace  before  whom 
such  deposition  is  to  be  taken,  and  the  day,  hour  and  place  of  tak- 
ing the  same.    Provided  nevertheless  that  this  provision  shall  not  be 


824  LAWS  OF  NEW  HAMPSHIRE 

construed  to  extend  to  cases,  where  the  adverse  party  lives  out  of 
the  State  and  more  than  twenty  miles  from  the  place  of  caption  and 
from  the  party  proposing  to  take  such  deposition. 

Section  3.  And  be  it  further  enacted  that  no  deposition  shall 
be  taken  to  be  used  on  the  trial  of  any  civil  cause  if  the  adverse 
party  shall  reside  without  this  State  and  more  than  twenty  miles 
from  the  place  of  caption  and  from  the  party  proposing  to  take  such 
deposition  and  has  an  agent  or  attorney  living  within  this  State, 
unless  previously  to  the  taking  of  such  deposition  the  agent  or  at- 
torney of  such  adverse  party  shall  be  duly  notified  of  the  name  of 
the  Justice  before  whom  such  deposition  is  to  be  taken  and  of  the 
time  and  place  of  taking  the  same  in  the  same  way  and  manner  as  is 
herein  before  provided  for  the  notification  of  a  party  who  lives 
within  this  State. 

Section  4.  And  be  it  further  enacted,  that  no  person  shall  for 
the  purposes  of  this  act  be  considered  as  the  agent  or  attorney  of 
another,  until  such  agent  or  attorney  shall  have  endorsed  the  writ 
or  endorsed  his  name  on  the  summons  to  be  left  with  the  Defendant 
in  the  cause;  or  until  he  shall  have  appeared  for  his  principal  in 
the  cause  before  the  Justice  of  the  Peace,  referees  or  arbitrators 
or  in  the  Court  where  the  action  shall  be  pending  or  shall  have  given 
notice  in  writing  stating  he  is  the  agent  or  attorney  in  the  cause 
to  the  other  party  or  his  attorney. 

Section  5.  And  be  it  further  enacted,  That  there  shall  be  an- 
nexed to  the  caption  and  return  of  every  deposition  to  be  used  in 
the  trial  of  a  civil  cause,  when  the  adverse  party  shall  not  appear 
at  the  taking  thereof  a  copy  of  the  notice  left  with  such  adverse 
party,  his  agent  or  Attorney,  with  the  return  of  the  officer  or  affidavit 
of  the  person  leaving  such  notice  thereon,  stating  the  time  of  leaving 
or  delivering  such  notice. 

Section  6.  And  be  it  further  enacted,  That  all  depositions  taken 
in  perpetual  remembrance  of  any  transaction  or  thing  shall  be 
made  and  taken  before  some  Court  of  record  or  before  two  Justices 
of  the  peace,  one  of  whom  shall  be  of  the  quorum.  And  such  affi- 
davit being  recorded  in  the  registry  of  deeds,  which  in  case  such 
deposition  relate  to  any  real  estate  shall  always  be  the  registry  of 
deeds  in  the  County  where  such  real  estate  lies,  a  copy  of  such 
record,  the  original  being  lost  may  be  read  in  evidence  in  any  Court 
as  occasion  may  require  in  such  cases,  where  the  original  might  be 
lawfully  admitted. 

Section  7.  And  be  it  further  enacted,  That  if  any  party  pro- 
posing to  take  any  deposition,  shall  neglect  or  refuse  to  take  the 
same  after  notice  given  to  the  adverse  party  as  aforesaid,  such  ad- 
verse party  in  case  of  actual  travel  by  himself  or  his  attorney  to  the 
place  and  at  the  time  mentioned  in  such  notification,  shall  be 
entiled  to  have  and  recover  in  an  action  of  the  case  from  the  party 
proposing  to  take  such  deposition,  double  the  fees  which  are  allowed 


LAWS  OF   NEW  HAMPSHIRE  825 

by  law  to  witnesses  for  their  travel  and  attendance  at  Court  in  the 
trial  of  civil  causes,  unless  seasonably  notified  in  writing  signed  by 
the  party  proposing  to  take  such  deposition,  or  his  attorney,  that 
such  deposition  will  not  be  taken. 

Section  8.  And  be  it  further  enacted,  That  the  act  entitled,  "an 
act  for  the  taking  of  affidavits  out  of  court"  passed  on  the  ninth 
day  of  February  A.D.  1791,  the  act  entitled  "an  act  in  addition  to 
and  amendment  of  an  act  entitled,  an  act  for  the  taking  of  affi- 
davits out  of  Court"  passed  on  the  eighteenth  day  of  June  A.D. 
1807;  and  the  act  entitled  "an  act  in  amendment  of  an  act  entitled 
an  act  for  the  taking  of  affidavits  out  of  Court  passed  on  the  twenty 
ninth  day  of  June  A.D.  181 9,  be  and  the  same  hereby  are  repealed. 
Provided  that  this  act  shall  not  take  effect  before  the  first  day  of 
June  next. 


[CHAPTER  85.] 


State  of  ) 

New  Hampshire.  <\ 


An  act  appropriating  the  Leterary  Fund. 

[Approved  December  31,  1828.  Acts,  vol.  26,  p.  211.  Session  Laws,  1828, 
Chap.  85.  Laws,  1836  ed.,  p.  327.  See  acts  of  June  29,  1 821,  ante,  p.  37; 
July  3,  1822,  ante,  p.  154;  July  1,  1830,  Session  Laws,  1830,  Chap.  29,  and 
July  2,  1831,  id.,  1831,  Chap.  44.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  Treasurer  of  the 
State  be,  and  is  hereby  authorized  and  required  forthwith  to  convert 
into  money  the  stocks  and  other  securities  composing  the  Literary 
Fund,  and  to  distribute  and  pay  over  to  the  several  towns  in  this 
State  their  equal  share  or  proportion  of  the  whole  of  said  fund,  to 
be  divided  among  them  severally  according  to  the  apportionment  of 
the  public  taxes  existing  at  the  time  of  such  distribution. 

Section  2.  And  be  it  further  enacted,  That  the  said  share  or 
proportion  of  said  fund,  so  paid  over,  shall  be  applied  by  the  respec- 
tive towns  to  the  support  and  maintenance  of  common  free  schools, 
or  to  other  purposes  of  education,  in  addition  to  the  sums  which  may 
be  required  by  law  to  be  raised  and  expended  for  those  purposes,  in 
such  manner,  and  at  such  time  as  said  towns  may  order. 

Section  3.  And  be  it  further  enacted.  That  the  whole  amount  of 
the  sums  which  may  hereafter  be  received  by  the  Treasurer  of  the 
State,  under  the  act  of  June  2Q.  1821,  entitled  "an  act  to  establish 
a  literary  fund,  to  be  collected  from  the  several  banking  corporations 
within  this  State,"  shall  be  by  him  distributed  among  the  several 
towns  in  this  State,  annually  in  the  month  of  June,  according  to  the 


826  LAWS  OF  NEW  HAMPSHIRE 

then  existing  apportionment  of  the  public  taxes,  to  be  appropriated 
by  said  towns  in  the  manner  herein  above  directed. 

Section  4  And  be  it  further  enacted,  That  if  any  town  in  this 
State  shall  apply  any  sum  of  money  so  received  to  any  purpose  other 
than  those  specified  in  this  act,  the  town  so  offending  shall  forfeit 
and  pay  double  the  sum  so  misapplied,  to  be  recovered  in  the  name 
of  the  State,  and  for  the  benefit  thereof,  in  an  action  of  debt  before 
any  Court  competent  to  try  the  same. 

Section  5.  And  be  it  further  enacted,  That  all  the  provisions  of 
said  Act  of  June  29,  1821,  inconsistent  with  the  provisions  of  this 
Act,  be  and  the  same  are  hereby  repealed. 


[CHAPTER  86.] 


State  0}  \ 

New  Hampshire.  J 


An  act  to  establish  a   Corporation   by   the  name   of   the 
Nashua  Manufacturing  and  Mechanic  Association. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  213.  See  also  act  of  Decem- 
ber 27,  1848,  Session  Laws,  1848,  November  Session,  Private  Acts,  Chap. 
807.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Lemuel  W.  Blake, 
Francis  Winch  and  Ziba  Gay  and  such  other  persons  as  shall  asso- 
ciate with  them  and  their  successors  and  assigns,  shall  be  and 
hereby  are  constituted  and  made  a  Corporation  by  the  name  of  the 
Nashua  Manufacturing  and  Mechanic  Association;  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment 
and  execution;  and  may  have  and  use  a  common  seal,  and  the  same 
may  alter  and  renew  at  pleasure,  and  also  may  make  ordain  and  put 
in  execution  such  by  laws  and  regulations  (not  being  contrary  to 
the  Constitution  and  Laws  of  the  State)  as  shall  be  necessary  proper 
and  convenient  for  the  government  of  said  Corporation  and  the  due 
management  of  its  concerns;  and  shall  be  and  hereby  are  vested  with 
all  the  privileges  and  powers,  which  by  law  are  incident  to  Cor- 
porations of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  Corporation 
be  and  the  same  is  hereby  empowered  to  establish  manage  and  carry 
on  the  manufacture  of  all  kinds  of  machinery  adapted  to  the  use  of 
Cotton  Woolen  and  other  Factories  and  the  same  to  sell  and  dispose 
of  at  their  pleasure  and  to  purchase  and  hold  all  such  models,  pat- 
terns, plans  and  patent  rights  as  they  shall  judge  fit  and  proper,  and 
to  purchase  and  hold  all  such  real  and  personal  estate  as  they  may 


LAWS  OF  NEW  HAMPSHIRE  827 

find  necessary  and  convenient  for  the  proper  enjoyment  of  the 
privileges  hereby  granted,  and  on  such  real  estate  to  erect  such 
houses,  workshops,  stores,  dams,  mills,  steam  engines  and  other 
buildings  as  they  may  deem  fit  and  proper  in  the  transaction  and 
management  of  the  business  of  said  Corporation  as  authorized  by 
this  act  provided  that  the  whole  amount  of  the  real  and  personal 
estate,  at  any  time  vested  in  the  business  of  said  Corporation  shall 
not  exceed  the  sum  of  thirty  thousand  dollars. 

Section  3.  And  be  it  further  enacted,  That  the  said  Lemuel  W. 
Blake,  Francis  Winch  and  Ziba  Gay  or  any  two  of  them  may  call  the 
first  meeting  of  said  Corporation  by  giving  three  days  previous  no- 
tice to  each  of  the  persons  who  is  associated  with  them  in  obtaining 
this  charter;  at  which  meeting  a  Clerk  shall  be  chosen  who  shall  be 
sworn  faithfully  to  discharge  the  duties  of  his  office;  and  it  shall 
be  his  duty  to  record  the  doings  and  proceedings  of  said  Corporation, 
and  to  perform  such  other  services  as  the  by  laws  of  said  Corpora- 
tion may  require;  and  at  the  same  or  any  subsequent  meeting  duly 
holden,  the  members  or  associates  of  said  Corporation  may  prescribe 
and  agree  on  the  manner  of  calling,  holding,  and  managing  future 
meetings;  may  divide  their  capital  or  joint  stock  into  such  number  of 
shares  as  they  may  deem  proper,  and  prescribe  the  mode  or  manner 
in  which  the  shares  in  their  capital  stock  shall  be  holden  and  how  the 
same  shall  be  transferred;  may  make  or  provide  for  the  making  of 
assessments  on  the  shares  from  time  to  time  as  occasion  may  require 
and  fix  the  time  for  payment  of  the  same;  may  appoint  and  consti- 
tute such  officers,  servants  and  agents  of  the  said  Corporation  as 
they  shall  think  necessary  and  prescribe  their  respective  duties  and 
may  do  and  transact  any  matter  or  thing  relating  to  the  property 
business  or  concerns  of  the  said  Corporation. 

Section  4.  And  be  it  further  enacted,  That  at  all  meetings  of  the 
members  of  said  Corporation  duly  notified  and  holden  each  member 
shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be  the 
owner  and  holder  of  in  said  Corporation  on  all  questions  that  may 
come  before  such  meetings;  and  absent  members  may  be  repre- 
sented and  vote  at  such  meetings  by  an  agent  for  that  purpose  duly 
authorized  by  writing  signed  by  the  member  or  members  to  be  rep- 
resented, which  writing  shall  be  filed  with  the  Clerk  of  said  Corpo- 
ration ;  and  at  all  such  meetings  all  questions  shall  be  decided  by  a 
majority  of  the  votes  cast;  Provided  however,  that  in  the  assess- 
ment of  taxes  on  the  shares  in  said  Corporation  three  fourths  of  the 
votes  cast  shall  be  required  to  make  such  assessment  binding  on  the 
members  of  said  Corporation 

Section  5.  And  be  it  further  enacted.  That  the  shares  in  the 
capital  or  joint  stock  of  the  Corporation  shall  be  liable  and  holden 
for  the  payment  of  all  assessments  legally  made  thereon;  and  in 
case  of  neglect  of  any  member  to  pay  the  assessments  on  his  share 


828  LAWS  OF   NEW  HAMPSHIRE 

or  shares  the  same  or  so  many  of  them  as  shall  be  sufficient  to  pay 
the  amount  of  the  assessment  or  assessments  may  be  sold  or  trans- 
ferred for  the  payment  of  the  same  in  such  manner  or  way  as  shall 
be  prescribed  by  the  by-laws  or  regulations  of  said  Corporation. 


[CHAPTER  87.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  establish  a   Corporation   by  the  name  of   the 
Gilford  Manufacturing  and  Mechanic  Company. 

[Approved  January  2,  1829.    Acts,  vol.  26,  p.  219.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Nathan  Batchelder, 
Charles  Morgan,  Alvah  Tucker,  Amos  Smith,  John  Fogg,  Stephen 
K.  Baldwin,  Trew  O.  Ranlet  and  such  other  persons  as  shall  asso- 
ciate with  them,  and  their  successors  and  assigns,  shall  be,  and 
hereby  are  constituted  and  made  a  corporation  by  the  name  of  the 

Gilford  Manufacturing  and  Mechanic Company,  and  by  that 

name  may  sue  and  be  sued  prosecute  and  defend  to  final  judgment 
and  execution,  and  may  have  and  use  a  common  seal,  and  the  same 
may  alter  and  renew  at  pleasure;  and  also  may  make,  ordain  and  put 
in  execution,  such  by  laws,  and  regulations  not  being  contrary  to 
the  Constitution  and  laws  of  this  State,  as  shall  be  necessary,  proper 
and  convenient  for  the  government  of  said  Corporation,  and  the 
due  management  of  its  concerns;  and  shall  be  and  hereby  are  vested 
with  all  the  privileges  and  powers  which  by  law  are  incident  to 
Corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  said  Corporation 
be,  and  the  same  is  hereby  empowered  to  establish  manage  and  carry 
on  the  manufacture  of  all  kinds  of  machinery,  adapted  to  the  use  of 
Cotton,  woolen  and  linen,  yarn,  thread  and  Cloth  factories,  and  the 
same  to  sell  and  dispose  of  at  their  pleasure  and  to  purchase  and 
hold  all  such  models,  patterns,  plans  and  patent  rights  as  they  shall 
judge  fit  and  proper,  and  to  purchase  and  hold  all  such  personal  and 
real  estate  as  they  may  find  necessary  or  convenient  for  the  proper 
enjoyment  of  the  privileges  hereby  granted  and  on  such  real  estate  to 
erect  such  houses,  stores,  workshops,  dams,  mills,  steam  engines, 
cotton,  woolen  and  linen  Factories  and  other  buildings  as  they  may 
deem  fit  and  proper  in  the  transaction  and  management  of  the  busi- 
ness of  said  Corporation,  and  for  the  manufacturing  of  all  kinds  of 
cotton,  woolen  and  linen  yarn  thread  and  cloth,  provided  that  the 


LAWS   OF   NEW  HAMPSHIRE  829 

whole  amount  of  the  real  and  personal  estate  at  any  time  vested  in 
the  business  of  said  Corporation  shall  not  exceed  the  sum  of  one 
hundred  thousand  dollars. 

Section  3.  And  be  it  further  enacted,  That  the  said  Nathan 
Batchelder,  Charles  Morgan  and  Alvah  Tucker  or  any  two  of  them, 
may  call  the  first  meeting  of  said  Corporation  by  giving  three  days 
previous  notice  to  each  of  the  persons  who  is  appointed  with  them  in 
this  Charter,  at  which  meeting  a  Clerk  shall  be  chosen  who  shall  be 
sworn  faithfully  to  discharge  the  duty  of  his  office;  and  it  shall  be 
his  duty  to  record  the  doings  and  proceedings  of  said  Corporation, 
and  to  perform  such  other  duties  as  the  by  laws  of  said  Corporation 
may  require,  and  at  the  same,  or  any  subsequent  meeting  duly 
holden,  the  members  or  associates  of  said  Corporation  may  prescribe 
and  agree  on  the  manner  of  calling  holding  and  managing  future 
meetings;  may  divide  their  capital  or  joint  stock  into  such  number 
of  shares  as  they  may  deem  proper,  and  prescribe  the  mode  or 
manner  in  which  the  shares  in  their  capital  stock  shall  be  holden,  and 
how  the  same  shall  be  transferred,  may  make  or  provide  for  the 
making  of  assessments  on  the  shares  from  time  to  time  as  occasion 
may  require  and  fix  the  time  for  payment  of  the  same,  may  appoint 
and  constitute  such  officers,  servants  and  agents  of  said  Corporation 
as  they  shall  think  necessary,  and  prescribe  their  respective  duties, 
and  may  do  and  transact  any  matter  or  thing  relating  to  the  prop- 
erty, business  or  concerns  of  said  Corporation. 

Section  4  And  be  it  further  enacted,  That  at  all  meetings  of  the 
members  of  said  Corporation  duly  notified  and  holden,  each  mem- 
ber shall  be  entitled  to  cast  one  vote  for  each  share  that  he  may  be 
the  owner  and  holder  of  in  said  Corporation  on  all  questions  which 
may  come  before  such  meetings;  and  absent  members  may  be  repre- 
sented and  vote  at  all  such  meetings  by  an  agent  for  that  purpose 
duly  appointed  by  writing  signed  by  the  member  or  members  to  be 
represented,  which  writing  shall  be  filed  with  the  Clerk  of  said  Cor- 
poration, and  at  all  such  meetings,  all  questions  shall  be  decided 
by  a  majority  of  the  votes  cast — Provided  however  that  in  the  as- 
sessment of  taxes  on  the  shares  in  said  Corporation  two  thirds  of  the 
votes  cast  shall  be  required  to  make  such  assessment  binding  on  the 
members  of  said  Corporation. 

Section  5.  And  be  it  further  enacted,  That  the  shares  in  the 
capital  or  joint  stock  of  the  said  Corporation,  shall  be  liable  and 
holden  for  the  payment  of  all  assessments  legally  made  thereon,  and 
in  case  of  the  neglect  of  any  member  to  pay  the  assessment  on  his 
share  or  shares,  the  same  or  so  many  of  them  as  shall  be  sufficient 
to  pay  the  amount  of  the  assessment  or  assessments,  may  be  sold  or 
transferred  for  the  payment  of  the  same  in  such  way  or  manner,  as 
shall  be  prescribed  by  the  by  laws  or  regulations  of  said  Corpora- 
tion. 


83O  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  88.] 

State  of  \ 

New  Hampshire,  f 

An  act  providing  compensation  fot  the  Commissioners  Sur- 
veyors AND  OTHERS  EMPLOYED  IN  SETTLING  THE  LINE  BETWEEN 

this  State  and  Maine 

[Approved  January  2,  1829.     Acts,  vol.  26,  p.  225.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Court  convened  that  the  following  persons  be  allowed  the  sums 
Set  against  their  names  and  that  said  sums  be  paid  to  them  from  the 
Treasury  in  full  of  their  respective  accounts, 

Ichabod  Bartlett  Two  Hundred  Seventy  three  Dollars  Sixty  Seven 
cents 

John  W.  Weeks  Two  Hundred  Seventy  eight  Dollars  eleven  cents. 

Eliphalet  Hunt  Three  Hundred  Seventy  Dollars  Sixty  nine  cents. 

Robert  K.  Eastman  Forty  Six  Dollars  fifty  cents. 

John  Brickett  Twenty  three  Dollars  and  twenty  four  cents 

Charles  Baker  Fifteen  Dollars. 

William  Pitman  Thirty  Eight  Dollars 

Ezra  H.  Meserve  Twelve  Dollars  fifty  cents 

Benjamin  Cook  Four  Dollars  fifty  cents 

Adino  N.  Brackett  Twenty  four  Dollars  forty  seven  cents. 


[CHAPTER  89.] 


State  of         I 
New  Hampshire.  \ 


An  act  relating  to  the  powers  and  duties  of  certain  officers 
of  the  militia. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  229.  Session  Laws,  1828, 
Chap.  89.  Laws,  1830  ed.,  p.  382.  This  act  repeals  acts  of  December  22, 
1820,  Laws  of  New  Hampshire,  vol.  8,  p.  955,  and  ante,  pp.  23,  47,  57,  84, 
i35»  3T8  and  367.  See  also  act  of  July  4,  1834,  Session  Laws,  1834,  Chap. 
166.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  senate  and  house  of  repre- 
sentatives in  general  court  convened,  that  the  captain  general  be  and 
he  hereby  is  authorized  to  appoint  such  number  of  aids-de-camp  as 
he  may  think  necessary,  to  be  commissioned  with  the  rank  of  Col- 
onel. And  the  color  and  fashion  of  the  uniform  of  the  officers  and 
soldiers  of  the  infantry  shall  be  determined  by  the  commander  in 
chief. 

Section  2.     Be  it  further  enacted.     That  there  shall  be  an  ad- 


LAWS  OF   NEW   HAMPSHIRE  83  I 

jutant  and  inspector  general  to  be  appointed  and  commissioned  by 
the  governor  and  council,  with  the  rank  of  brigadier  general,  who 
shall  keep  his  office  at  the  seat  of  government,  and  whose  duty  it 
shall  be  to  distribute  all  orders  from  the  commander  in  chief  to  the 
several  corps:  to  attend  all  reviews,  when  the  commander  in  chief 
shall  review  the  militia  or  any  part  thereof,  and  to  perform  the 
duties  of  inspection:  to  obey  all  orders  from  the  commander  in 
chief  relative  to  carrying  into  execution  and  perfecting  the  system 
of  military  discipline  established  by  law;  to  keep  an  orderly  book 
and  record  therein  all  orders  issued  by  the  commander  in  chief  a 
summary  of  the  proceedings  of  all  general  courts  martial  with  the 
orders  of  the  governor  thereon.  He  shall  keep  a  record  of  all  ap- 
pointments made,  and  resignations  accepted,  by  the  commander  in 
chief,  and  shall  detail  all  officers  for  general  courts  martial  or 
other  special  service  ordered  by  the  commander  in  chief.  He  shall, 
on  the  fifteenth  day  of  June  in  each  year,  make  out  lists  of  the  gen- 
eral, field,  and  staff  officers  of  each  division,  and  immediately  trans- 
mit the  same  to  the  respective  major  generals;  and  lists  of  the  field 
officers  of  the  several  brigades,  and  immediately  transmit  them  to 
the  respective  brigadier  generals.  He  shall  furnish  at  the  expense 
of  the  State  the  several  division  inspectors,  brigade  majors,  adjutants 
and  quarter  masters  of  regiments,  and  clerks  of  companies,  with 
suitable  blank  books  for  keeping  their  records,  taking  a  receipt  for 
the  same:  furnish  the  several  brigade-majors  with  blank  forms  for 
brigade  returns;  furnish  the  adjutants  of  regiments  with  blank  war- 
rants for  noncommissioned  officers,  and  the  adjutants  and  quarter- 
masters of  regiments  with  blank  forms  for  all  the  different  returns, 
that  may  be  required,  and  explain  the  principles,  on  which  they  are 
to  be  made :  he  shall  immediately  on  receiving  the  several  regimental 
returns,  consolidate  them  into  a  general  return  of  the  whole  militia 
of  the  State;  record  said  consolidated  return  in  his  records,  and 
make  out  and  transmit  one  copy  thereof  to  the  commander  in  chief, 
and  one  copy  to  the  secretary  of  war  of  the  United  States.  And 
shall  do  and  perform  all  other  duties,  which  by  law  or  custom, 
appertain  to  the  office  of  adjutant  and  inspector  general.  And  such 
compensation  shall  be  made  to  him  for  his  services,  from  time  to 
time  by  the  Legislature,  as  they  may  think  Just. 

Section  3.  Be  it  further  enacted.  That  where  any  officer,  or 
officers,  person  or  persons  have  heretofore  recieved  or  shall  here- 
after recieve  from  this  State  any  military  books,  papers  or  any  other 
property,  or  shall  have  in  their  hands  any  monies  recieved  for  fines, 
not  expended  for  purposes  authorised  by  law,  and  on  resigning  their 
commissions  have  retained,  or  shall  retain  the  same,  every  such 
person  or  persons  shall  account  for  and  deliver  the  same  to  the 
adjutant  general  or  his  order;  And  the  adjutant  general  is  hereby 
authorized  and  empowered  to  sue  for  and  recover  all  such  books, 
papers,  and  property,  in  an  action  in  the  name  of  the  State;  and  also 


832  LAWS  OF  NEW  HAMPSHIRE 

in  the  name  of  the  state  to  sue  for  and  recover  damages  for  any  in- 
jury, which  may  be  done  by  any  person  to  any  gunhouse  belonging 
to  the  state,  or  to  any  piece  of  ordinance  being  the  property  of  the 
state,  or  to  the  carriage,  harness  and  apparatus  appertaining  thereto, 
or  to  any  musical  instruments,  military  books,  papers  or  other  prop- 
erty, belonging  to  the  state,  in  his  care,  or  in  the  care  of  any  other 
officer  for  the  use  of  the  militia  of  the  State. 

Section  4.  And  be  it  further  enacted.  That  the  adjutant  general 
be  and  he  hereby  is  authorised  and  empowered  to  examine  into  any 
and  all  cases  of  omission  or  neglect  to  make  the  returns  required  by 
law  of  any  military  officer,  and  to  report  a  statement  of  facts  to  the 
commander  in  chief:  and  if  in  the  opinion  of  the  commander  in  chief 
said  omissions  or  neglect  arose  from  circumstances,  which  ought  to 
excuse  the  person  or  persons  so  omitting  or  neglecting  from  paying 
said  fines  and  penalties,  he  may  direct  the  adjutant  general  to  omit 
to  prosecute  for  the  same,  or  to  suspend  any  prosecution,  which  may 
have  been  commenced  for  the  recovery  of  such  fines  and  penalties. 

Section  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  adjutant  general,  unless  otherwise  directed  by  the  commander 
in  chief,  to  sue  for  and  recover  all  penalties  and  forfeitures,  incurred 
by  any  officer  for  neglect  to  make  the  returns  required  by  law,  by  an 
action  of  debt,  in  the  name  of  the  state,  in  any  court  of  competent 
Jurisdiction.  And  the  adjutant  general  shall  annually  account  to  the 
state  for  all  monies,  by  him  received  from  the  state  and  for  all 
monies,  fines  and  forfeitures,  by  him  recieved  under  the  provisions 

of  this  act. 

Section  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  adjutant  and  inspector  general  to  inspect  annually  such  regi- 
ments, not  exceeding  three  in  each  year,  as  the  commander  in  chief 
shall  direct,  although  such  regiments  may  not  be  reviewed  by  the 
commander  in  chief. 

Section  7.  And  be  it  further  enacted,  That  a  quarter  master  gen- 
eral may  be  appointed  and  commissioned  by  the  governor  and 
council  with  the  rank  of  brigadier  general,  and  it  shall  be  his  duty  to 
furnish  at  the  expense  of  the  state  a  standard  for  each  regiment  and 
for  each  company  of  artillery  and  cavalry  of  good  scarlet  silk,  on 
which  shall  be  marked  the  number  of  the  regiment  or  company,  with 
white  silk,  by  the  officer  receiving  them,  as  often  as  such  regiment 
or  company  shall  be  destitute:  and  also  to  furnish  all  company 
equipage  musical  instruments,  and  all  and  every  other  thing  which, 
by  law  or  custom,  belongs  to  his  department,  or  which  is  now,  or 
may  hereafter  be  authorised  to  be  purchased  for  the  use  of  the 
militia.  And  the  quarter-master  general  shall,  in  the  month  of  June 
annually,  and  at  any  other  time,  when  required  by  the  commander 
in  chief,  consolidate  the  returns  of  the  several  regimental  quarter- 
masters, so  as  to  exhibit  at  one  view  all  the  articles  of  public  prop- 
erty in  the  several  regiments  and  in  his  own  keeping:  he  shall  also 


LAWS  OF   NEW  HAMPSHIRE  833 

add  to  it  an  account  of  all  articles  recieved  or  purchased  by  him  and 
issued  to  the  regimental  quarter-master,  which  shall  be  laid  by  him 
before  the  commander  in  chief  for  his  information.  Provided  never- 
theless, that  in  case  of  a  vacancy  in  the  office  of  quartermaster  gen- 
eral, it  shall  be  the  duty  of  the  adjutant  and  inspector  general  to  per- 
form said  duties,  untill  the  vacancy  shall  be  filled. 

Section  8.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  respective  Major-generals  some  time  in  the  month  of  July  in 
each  year,  to  issue  their  orders  to  the  brigadier  generals  within  their 
divisions,  directing  them  to  order  out  the  several  regiments  in  their 
brigades  for  inspection  and  review,  at  such  times  between  the  first 
day  of  September  and  the  fifteenth  day  of  October,  as  such  Major- 
general  may  direct.  And  it  shall  be  the  duty  of  each  major-general 
to  review  at  least  three  of  the  regiments  composing  his  division  in 
each  year 

Section  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  each  division  inspector  to  distribute  all  orders,  as  directed  by  the 
major  general,  or  commanding  officer  of  the  division,  to  attend  all 
reviews,  when  the  major  general  shall  review  the  militia,  and  inspect 
the  division,  brigade  or  regiments,  so  to  be  reviewed;  to  keep  an 
orderly  book,  and  record  all  orders  and  other  official  communica- 
tions received  or  issued  by  the  commanding  officer  of  the  division, 
and  to  do  and  perform  all  other  things,  which,  by  law  or  custom, 
appertain  to  the  duties  of  division  inspector. 

Section  10.  And  be  it  further  enacted.  That  it  shall  be  the  duty 
of  the  several  brigadier  generals  on  or  before  the  twentieth  day 
of  August  in  each  year,  to  issue  their  orders  to  the  several  Colonels 
or  commanding  officers  of  regiments  within  their  brigades,  direct- 
ing them  to  order  out  their  regiments  for  inspection  and  review 
at  such  times,  as  the  major  generals  may  have  directed,  in  case  or- 
ders for  that  purpose  shall  have  been  seasonably  issued  by  them, 
otherwise  at  such  times,  as  the  brigadier  general  may  direct.  And  it 
shall  be  the  duty  of  each  brigadier  general  or  officer  commanding 
a  brigade  to  review,  such  regiments  in  his  brigade,  as  shall  not  be 
reviewed  by  the  major  general. 

Section  11.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  brigade  major  and  inspector  of  each  brigade  to  distribute 
all  orders  from  the  brigadier  general  or  commanding  officer  of  his 
brigade  to  the  several  regiments;  to  attend  all  reviews,  when  the 
brigadier  general  shall  review  the  militia  and  to  inspect  the  brigade 
or  regiment,  so  to  be  reviewed;  to  keep  an  orderly  book,  and  record 
all  orders  and  other  official  communications  recieved  or  issued  by  the 
commanding  officer  of  the  brigade:  to  recieve  from  the  adjutants  of 
the  regiments  in  their  brigades,  copies  of  the  annual  returns  of  the 
strength,  arms  and  accoutrements  of  their  respective  regiments, 
and  keep  the  same  on  file;  to  consolidate  them  into  a  brigade  return, 
record  said  consolidated  return  in  his  orderly  book,  and  transmit 

63 


$34  LAWS  OF   NEW  HAMPSHIRE 

one  copy  thereof  to  the  brigadier  general  of  the  brigade  and  one 
copy  to  the  major  general  of  the  division,  to  which  he  belongs;  and 
to  do  and  perform  all  other  duties  which  by  law  or  custom  appertain 
to  the  office  of  brigade  inspector. 

Section  12.  And  be  it  further  enacted,  That  the  field  officers 
of  the  several  regiments  shall  determine  the  color  and  fashion  of 
the  uniform  of  the  several  companies  of  cavalry,  artillery,  light 
Infantry  grenadiers  and  riflemen  of  the  respective  regiments;  pro- 
vided that  the  uniform  of  said  companies  which  has  been  once  estab- 
lished in  manner  aforesaid  shall  not  be  altered  without  the  consent 
of  a  majority  of  the  company;  and  they  are  authorised  to  prescribe 
the  limits  to  the  several  companies  of  their  regiments  and  the  same 
to  alter  and  modify  as  they  shall  think  the  public  good  may  require. 
And  such  field  officers  shall  fix  the  place  of  meeting  of  their  re- 
spective regiments  for  inspection  and  review,  as  they  shall  think 
expedient  Provided,  that  the  places,  appointed  for  the  regimental 
review,  shall  be  as  central  as  in  their  Judgment,  convenience  will 
permit.  And  in  case  any  regiment  shall  be  so  extensive  that  it  can- 
not be  assembled  without  causing  part  of  the  soldiers  to  march  more 
than  fifteen  miles,  the  field  officers  of  such  regiments  shall  have 
power  to  assemble  said  regiments  in  two  divisions,  on  different 
days,  at  such  places,  as  will  best  accommodate  the  different  parts 
thereof. — 

Section  13.  And  be  it  further  enacted.  That  it  shall  be  the  duty 
of  the  Colonel  or  commanding  officer  of  each  regiment  seasonably  to 
issue  his  orders  to  the  several  captains  or  commanding  officers  of 
companies  in  his  regiment,  directing  them  to  order  out  their  respec- 
tive companies  for  inspection  and  review  once  in  each  year  &  no 
more  on  some  day  between  the  first  day  of -September  and  the  fif- 
teenth day  of  October  annually.  Provided  however  that  the  24th 
regiment  shall  be  called  out  for  inspection  and  review  in  two  divi- 
sions: The  companies  in  the  towns  of  Lancaster  Northumberland, 
Dalton,  Whitefield,  Peircy,  Jefferson  Brettonwoods,  Kilkenny,  Ran- 
dolph, Nash  and  Sawyers  Location  together  with  the  Rifle,  Light- 
infantry  and  artillery  company  in  said  regiment  shall  constitute 
the  first  division  and  be  called  out  for  inspection  and  review  in 
the  year  1829;  and  the  companies  in  the  towns  of  Columbia,  Cole- 
brook,  Stewartstown  Stratford  Errol  &  the  College  Grant  together 
with  the  company  of  cavalry  in  said  regiment,  shall  constitute  the 
second  division  and  be  called  out  for  inspection  and  review  in  the 
year  1830  and  said  division  shall  be  required  to  turn  out  for  inspec- 
tion and  review  once  in  two  years  thereafter  and  no  more.  And  it 
shall  be  the  duty  of  such  captains  or  commanding  officers  of  com- 
panies to  yield  obedience  to  such  orders.  But  if  any  colonel  or 
commanding  officer  of  a  regiment  shall  order  his  regiment  to  be 
paraded  on  any  other  day,  than  that,  on  which  he  shall  be  ordered 
by  his  superior  officer  or  officers  in  case  orders  for  that  purpose  shall 


LAWS  OF   NEW  HAMPSHIRE  835 

have  been  seasonably  recieved  or  at  any  other  place,  than  that 
appointed  by  the  field  officers,  he  shall  be  arrested  and  punished  by 
removal  from  office  or  such  other  punishmment  as  a  court  martial 
shall  think  proper  to  inflict.  And  the  colonels  or  commanding  offi- 
cers of  regiments  shall  assemble  the  officers  of  their  respective  reg- 
iments, at  some  convenient  and  central  place  within  the  same,  once 
at  least  in  each  year,  armed  with  swords,  muskets,  and  bayonets; 
and  it  shall  be  the  duty  of  the  commanding  officers  aforesaid  to 
instruct  or  cause  said  officers  to  be  instructed  by  some  person  qual- 
ified therefor  in  the  school  of  the  soldier,  the  company,  and  the  bat- 
talion. The  orders  for  such  meeting  to  be  issued  to  the  officers  in 
the  same  manner  as  for  regimental  musters. 

Section  14.  And  be  it  further  enacted.  That  it  shall  be  the  duty 
of  the  adjutant  of  each  regiment  to  furnish  to  the  captains  of  the 
several  companies  copies  of  all  orders  made  by  the  field  officers 
in  relation  to  the  uniform  or  the  limits  of  such  companies;  to  dis- 
tribute all  orders  from  the  colonel  or  commanding  officer  to  the 
captains  or  commanding  officers  of  the  several  companies  to  attend 
the  commanding  officer  of  his  regiment  whenever  he  shall  be  on  mil- 
itary duty  and  see  that  all  his  orders  are  properly  executed;  to  in- 
spect carefully  all  the  companies  belonging  to  the  regiment  at  their 
usual  muster  in  each,  whether  such  regiment  be  together  or  in  divi- 
sions If  no  inspector  of  superior  rank  be  present;  to  keep  an 
orderly  book  and  record  all  orders  of  the  field  officers,  and  all  orders 
and  other  official  communications,  which  may  be  recieved  by  him 
or  the  commanding  officer  of  the  regiment,  and  all  orders  which 
may  be  issued  by  the  colonel  or  commanding  officer  of  the  regiment, 
to  receive  from  the  captains  or  clerks  of  the  several  companies  in 
the  regiment,  the  annual  returns  of  the  strength  arms  and  accoutre- 
ments of  the  respective  companies,  and  keep  such  returns  on  file; 
consolidate  them  into  a  regimental  return;  record  said  consolidated 
return  in  his  orderly  book,  and  within  the  time  prescribed  by  law 
transmit  one  copy  thereof  to  the  adjutant  general  and  one  copy 
thereof  to  the  brigade  major  of  the  brigade  to  which  the  regiment 
belongs;  to  furnish  the  captain  or  commanding  officer  of  each  com- 
pany in  the  regiment  the  necessary  blank  forms  for  all  returns, 
which,  may  be  required  and  explain  the  principles  on  which  they 
should  be  made,  he  shall  under  the  direction  of  the  colonel  or  com- 
manding officer,  keep  a  correct  roster  of  the  officers  of  his  regiment 
from  which  all  details  for  courts  martial  or  other  service  must  be 
made,  and  note  the  services  performed  by  each  officer:  he  shall  also 
keep  a  register  of  the  noncommissioned  officers  of  the  regiment  with 
the  dates  of  their  appointments  respectively  and  annually  furnish 
to  the  drum-major  and  fife-major  of  the  regiment  a  roll  of  the  musi- 
cians in  such  regiment  from  the  company  returns,  and  he  shall  do 
and  perform  all  other  duties,  which  by  law  or  custom  appertain  to 
the  office  of  regimental  adjutant:  And  the  several  adjutants  shall  be 


836  LAWS  OF  NEW  HAMPSHIRE 

allowed  for  making  the  regimental  returns  aforesaid  the  sum  of  two 
dollars  to  be  paid  by  the  adjutant  and  inspector  general. 

Section  15.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  quartermaster  of  the  several  regiments  to  distribute  all  camp 
equipage,  Colors,  musical  instruments,  military  books,  and  other 
public  property,  which  may  transmitted  to  them  by  the  quarter- 
master general  or  recieved  from  any  officer  of  the  militia  for  that 
purpose,  and  take  receipts  for  the  same  to  be  by  him  kept  on  file;  to 
keep  an  orderly  book  and  record  therein  all  official  communications, 
which  he  may  receive  from  his  superior  officers,  in  relation  to  the 
duties  of  his  office:  to  receive  from  the  captains  or  clerks  of  the  sev- 
eral companies  the  annual  returns  of  the  public  property  in  posses- 
sion of  such  companies  and  the  requisition  for  such  as  may  be 
wanted;  consolidate  the  same  into  a  regimental  return  and  add 
thereto  such  articles  of  public  property,  as  may  be  in  his  own  keep- 
ing for  the  use  of  the  regiments  and  such  as  may  be  further  required 
record  his  consolidated  return  in  his  orderly  book  and  transmit  the 
same  countersigned  by  the  colonel  or  commanding  officer  of  the  reg- 
iment to  the  quartermaster  general  within  the  time  required  by 
law. — 

Section  16.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  surgeon  and  surgeon's  mate  or  one  of  them,  if  there  be  but  one 
of  them  in  commission,  some  time  in  the  month  of  March  in  each 
year  to  post  up  at  one  or  more  of  the  most  public  places  in  each  town 
in  their  regiments,  a  notice  in  writing,  that  they  will  attend  at  such 
times  as  shall  be  stated  in  such  notice  between  the  tenth  and  twen- 
tieth days  of  April  in  each  year  and  at  such  places  to  be  designated 
in  such  notice  not  less  than  three  in  each  regiment  as  will  best  ac- 
commodate the  soldiers  in  such  regiment  to  receive  and  examine 
such  applications,  as  may  be  made  to  them  for  certificates  of  exemp- 
tion from  military  duty  on  account  of  bodily  infirmity.  And  it  shall 
be  the  duty  of  such  surgeon  and  surgeons  mate  to  attend  at  the  times 
and  places  stated  in  such  notice,  and  there  publicly  to  receive  such 
applications,  as  may  be  made  to  them,  which  shall  be  in  writing  and 
under  oath,  and  to  make  examinations  and  enquiry  into  the  nature 
and  degree  of  such  infirmity  and  if  they  shall  be  of  opinion  upon 
such  examination  that  the  person  applying  is  unable  to  perform  the 
duties  required  by  law  of  soldiers  in  the  militia,  they  shall  give  to 
the  person  so  applying  a  certificate  thereof,  which  being  recorded  in 
the  orderly  book  of  the  company,  in  which  such  applicant  would 
otherwise  be  liable  to  do  military  duty  shall  exempt  him  from  the 
performance  of  military  duty  for  such  term  as  they  may  think  such 
disability  will  continue  not  exceeding  one  year.  Provided  however 
that  if  such  surgeon  or  surgeon's  mate  shall  be  of  opinion,  that  the 
infirmity  of  any  person  is  incurable  and  of  such  a  nature  that  he 
can  never  be  able  to  perform  military  duty,  they  may  give  to  such 


LAWS  OF  NEW  HAMPSHIRE  837 

person  a  certificate  thereof  which  being  recorded  as  aforesaid  shall 
absolutely  exempt  such  person  from  military  duty  And  no  certifi- 
cate shall  be  granted  by  such  surgeon  or  surgeon's  mate  at  any  other 
time  or  place,  than  those  designated  in  such  notice,  unless  the  person 
so  applying  shall  satisfy  the  said  surgeon  and  surgeon's  mate  by  his 
statement  under  oath  in  his  said  application,  that  such  infirmity  has 
arisen  since  the  times  so  appointed  or  that  he  had  no  notice  of  or 
was  unable  to  attend  at  either  of  such  times.  And  it  shall  be  the 
duty  of  the  surgeon  and  surgeons  mate  to  file  with  the  adjutant 
of  the  Regiment,  as  soon  as  practicable,  all  the  original  applications 
made  to  them  with  a  minute  thereon,  whether  a  certificate  was 
granted  or  not,  and  if  granted  for  what  period.  And  no  surgeon  or 
surgeon's  mate  shall  demand  or  receive  of  any  noncommissioned 
officer  or  private  any  fee  or  reward  for  any  certificate  or  examina- 
tion. 

Section  17.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  fife  majors  and  drum-majors  of  the  several  regiments  to  as- 
semble the  fifers  and  drummers  in  their  respective  regiments  once 
in  every  year,  for  the  purpose  of  instructing  them  in  martial 
musick.  And  such  musicians  shall  be  notified  by  such  drummajors 
or  fifemajors  in  the  same  manner  and  have  the  same  notice,  which  is 
required  to  be  given  to  privates  for  company  musters.  And  when  so 
ordered  out,  or  on  regimental  muster-days,  shall  be  subject  to  the 
same  rules  of  discipline,  and  liable  to  the  same  fines  and  penalties 
for  nonappearance  and  misconduct  as  privates  in  the  militia,  which 
fines  and  penalties  shall  be  collected  by  the  drum-majors  and  fife- 
majors  or  either  of  them,  in  the  same  manner,  as  fines  are  to  be  col- 
lected by  clerks  of  companies  and  shall  be  appropriated  to  defray 
any  expences,  which  such  drum  and  fife-majors  may  incur  in  assem- 
bling and  instructing  such  musicians.  And  it  shall  be  the  duty  of 
the  fife  and  drum-majors  in  their  respective  regiments,  on  such  days, 
and  on  regimental  muster  days,  to  teach,  lead  and  command  such 
musicians,  and  to  issue  all  such  orders,  as  they  may  be  authorised 
or  required  by  the  commanding  officers  of  their  respective  regi- 
ments to  issue  for  those  purposes.  And  when  drum  and  fife  majors 
are  on  duty  together,  the  oldest  by  date  of  warrant  shall  command. 

Section  18.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  each  captain  of  infantry  to  enrol  each  and  every  person  by  law 
liable  to  do  military  duty,  who  shall  reside  within  the  bounds  of  his 
company;  and  annually  in  the  month  of  April  to  revise  the  roll  of  his 
company,  and  to  correct  the  same  from  time  to  time;  as  the  altera- 
tions in  his  company  may  require.  And  it  shall  be  the  duty  of  each 
and  every  commanding  officer  of  a  company  to  parade  his  company 
on  the  first  Tuesday  of  May  annually,  at  one  of  the  clock  in  the  af- 
ternoon, and  at  that  time,  to  inspect,  examine  and  take  an  exact 
account  of  all  the  equipments  of  his  men  and  to  note  all  delinquen- 


838  LAWS  OF   NEW  HAMPSHIRE 

cies  of  appearance  and  deficiencies  of  equipment  and  to  correct  his 
company  roll,  in  order  that  a  thorough  inspection  of  each  company 
in  the  state  may  be  made. 

And  it  shall  be  the  duty  of  the  captain  or  commanding  officer  of 
each  company,  at  the  annual  inspection  in  May  aforesaid,  to  make 
out  a  correct  return,  to  be  by  him  signed,  in  such  form,  as  may  be 
prescribed  of  the  strength,  arms  and  accoutrements  of  his  company 
and  the  numbers  present  and  absent,  which  return  he  shall  cause  to 
be  recorded  in  the  orderly  book  of  his  company,  signed  by  the  clerk 
and  transmitted  to  the  adjutant  of  the  regiment. 

It  shall  also  be  the  duty  of  such  captain  or  commanding  officer, 
at  the  annual  inspection  aforesaid,  to  make  out  a  correct  return, 
in  such  form  as  shall  be  prescribed,  of  the  camp  equipage,  ordnance 
and  military  stores,  musical  instruments,  and  public  property  of 
every  description  in  his  company,  which  have  been  purchased  at  the 
expence  of  the  state  or  with  money  received  for  fines,  together  with 
an  account  of  all  fines  received,  and  whether  expended  or  not  and  if 
expended  for  what  purposes,  and  to  add  thereto  a  requisition  for 
such  articles,  as  may  be  wanting,  and  transmit  the  same  signed  by 
himself  to  the  quartermaster  of  the  regiment.  It  shall  also  be  the 
duty  of  such  captain  or  commanding  officer  to  make  a  return  of  the 
names  of  the  musicians  of  his  company  to  the  adjutant  of  the  regi- 
ment at  the  time  of  making  his  annual  returns  in  May.  It  shall 
also  be  the  duty  of  such  captain  or  commanding  officer  to  parade 
his  company  by  his  own  order  once  in  each  year  and  no  more;  and 
also  to  parade  his  company  for  inspection  and  review,  at  such  time 
and  place,  as  he  shall  be  directed  by  the  commanding  officer  of  his 
regiment,  and  at  all  times,  when  his  company  shall  be  paraded  to 
use  his  best  exertions  in  instructing  and  perfecting  his  men  in  their 
military  exercise  and  evolutions;  and  to  do  and  perform  all  other 
things,  which  by  law  or  custom  appertains  to  the  office  of  a  captain. 

Section  19.  And  be  it  further  enacted.  That  the  orderly  ser- 
geant of  each  company,  or  the  sergeant  doing  the  duty  of  orderly 
sergeant,  shall  distribute  the  orders  of  the  captain  or  commanding 
officer  to  the  noncommissioned  officers  and  privates  of  the  company, 
and  see  them  executed  and  in  an  orderly  book,  to  be  by  him  kept 
for  that  purpose  record  all  orders  and  other  official  communications 
received  by  the  captain  or  commanding  officer  of  the  company;  shall 
assist  such  captain  or  commanding  officer  in  making  a  correct  return 
of  the  company  on  the  first  Tuesday  of  May,  and  sign  and  record 
the  same  in  his  orderly  book;  he  shall  keep  an  exact  roll  of  the  com- 
pany together  with  the  state  of  the  arms  and  equipments  of  each  man, 
he  shall  assist  the  commanding  officer  in  enrolling  such  persons 
without  partiality  or  favor  as  may  from  time  to  time  be  liable  to 
do  duty  in  his  company  and  in  revising  and  correcting  his  roll  he 
shall  record  the  appointment  and  discharge  of  all  noncommissioned 


LAWS   OF   NEW  HAMPSHIRE  839 

officers,  and  the  orders  and  proceedings  of  the  company  in  the  or- 
derly book,  and  keep  an  exact  detail  of  all  drafts  and  detachments 
he  shall  keep  an  account  in  the  orderly  book  of  all  absences  and 
delinquencies  and  of  all  fines  and  forfeitures,  with  the  names  of  the 
persons,  from  whom  they  were  collected,  the  time  when,  and  the 
offence  for  which,  they  were  collected;  which  book  shall  not  be 
alienated  from  the  company,  and  shall  always  be  open  to  the  in- 
spection of  the  officers  of  the  company  and  the  field  officers  of  the 
regiment;  he  shall  record  all  permits  and  surgeons  certificates,  which 
shall  be  presented  to  him  for  that  purpose,  and  shall  do  and  perform 
all  other  things,  which  by  law  or  custom  appertain  to  the  office  of 
orderly  sergeant. 

Section  20.  And  be  it  further  enacted,  That  the  captains  or 
commanding  officers  of  companies  shall  make  the  returns  by  them 
required  to  be  made  to  the  adjutants  and  regimental  quartermasters 
within  twenty  days  after  the  annual  training  and  inspection  in  May 
in  each  year,  and  the  adjutants  and  quartermasters  of  regiments 
shall  make  their  respective  returns  to  the  adjutant  general,  and  to 
the  officer  doing  the  duty  of  quartermaster  general  within  thirty 
days  from  the  said  annual  training  and  inspection  in  each  year. 
And  in  case  any  officer,  whose  duty  it  shall  be  to  make  any  of  said 
returns,  shall  neglect  to  do  so  for  a  longer  time,  than  is  herein 
prescribed,  he  shall  forfeit  and  pay  for  each  neglect  the  sum  of 
twenty  dollars. 

Section  21.  And  be  it  further  enacted,  That  every  commanding 
officer,  when_on  duty,  is  authorised  to  ascertain  and  fix  necessary 
limits  and  bounds  to  his  parade  (no  road  in  which  people  usually 
travel  to  be  included,)  within  which  no  spectator  shall  have  a  right 
to  enter  without  liberty  from  the  commanding  officer. 

Section  22.  And  be  it  further  enacted,  That  if  any  officer  shall 
in  due  course  of  law  be  convicted  of  any  infamous  crime,  he  shall 
forthwith  be  put  in  arrest  and  deprived  of  all  military  command, 
until  an  opportunity  shall  be  had  for  both  houses  of  the  Legislature 
to  address  the  Governor  for  his  removal. 

Section  23.  And  be  it  further  enacted.  That  no  officer  shall  be 
permitted  to  resign  while  under  arrest;  and  no  captain  or  subaltern 
shall  be  permitted  to  resign  between  the  first  day  of  May  and  the 
first  day  of  november  in  each  year,  nor  any  general  or  field  officer 
between  the  tenth  day  of  June  and  the  first  day  of  november  in  each 
year,  unless  the  commander  in  chief  under  special  circumstances, 
shall  be  of  opinion,  that  the  public  good  requires  the  same.  And 
no  field  officer  shall  approve  a  resignation,  until  the  books  and  other 
public  property  belonging  to  the  state  in  the  possession  of  the 
resigning  officer  are  delivered  to  the  commanding  officer  of  the  reg- 
iment to  which  he  belongs,  or  some  other  person  appointed  to  receive 
them  in  order  that  such  books  and  other  articles  may  be  delivered 
to  his  successor  in  office. 


84O  LAWS  OF   NEW  HAMPSHIRE 

Section  24.  And  be  it  further  enacted,  That  the  postage  or  other 
reasonable  expence  incurred  in  the  transmission  of  any  orders  or 
returns,  required  or  authorised  by  law,  shall  be  paid  by  the  adju- 
tant general,  on  such  vouchers  being  produced,  as  shall  satisfy  him, 
that  the  expenditure  was  actually  and  necessarily  incurred  and  was 
Just  and  reasonable. 

Section  25.  And  be  it  further  enacted,  That  an  act  entitled  an 
act  for  forming,  arranging  and  regulating  the  militia,  passed,  Decem- 
ber 2  2d  1820.  An  act  in  addition  to  said  act,  passed  June  27.  1821. 
An  act  entitled  An  act  requiring  certain  persons  to  account  to  the 
adjutant  general  and  vesting  certain  powers  in  that  officer,  passed 
June  21.  1 82 1.  An  act  entitled  An  act  for  the  relief  of  persons  im- 
prisoned for  neglect  of  military  duty,  passed  June  30.  1821.  An  act, 
entitled  An  act  to  divide  the  second  Regiment  of  militia  in  this  state, 
passed  June  26.  1822,  An  act  entitled  "an  act  in  further  addition  to 
an  act  entitled  an  act  for  forming  arranging  and  regulating  the  mili- 
tia passed  July  2d  1822  an  act  entitled  "an  act  for  the  relief  of  the 
24th.  Regiment  of  militia  passed  December  15.  1824.  and  an  act  to 
divide  the  21.  26.  and  30th  Regiments  of  Militia  in  this  State  and 
to  establish  a  new  regiment"  passed  December  22.  1824.  be  and  they 
hereby  are  repealed.  Provided  that  all  persons  now  in  office  agree- 
ably thereto  shall  continue  in  office,  and  all  actions  and  processes 
depending  in  any  court  or  before  any  Justice  of  the  Peace  by  force 
of  said  laws,  and  all  arrests  for  offences  committed  under  said  laws 
and  all  forfeitures  incurred  under  said  laws  shall  and  may  be  carried 
on  tried  and  prosecuted  to  final  Judgment  sentence  and  execution 
in  the  same  manner  they  would  have  been  had  this  act  not  been 
passed. 

Section  26.  And  be  it  further  enacted,  That  this  act  shall  not  be 
in  force  until  the  first  day  of  March  next. 


[CHAPTER  90.] 


State  of  } 

New  Hampshire.  \ 


An  act  relating  to  Courts  Martial  and  Courts  of  Inquiry. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  253.  Session  Laws,  1828, 
Chap.  90.  Laws,  1830  ed.,  p.  393.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  if  any  officer  in  the 
Militia  of  this  State  shall  neglect  or  refuse  to  perform  the  duties  of 
his  office,  or  to  obey  the  orders  he  may  recieve  from  his  Superior 
Officers,  respecting  any  matters  relating  to  the  government  of  the 


LAWS  OF  NEW  HAMPSHIRE  84 1 

militia;  or  if  any  officer  shall,  while  on  duty  or  at  any  other  time,  be 
guilty  of  any  unofficerlike  or  ungentlemanlike  conduct  or  behavior, 
his  superior  officer  may  put  such  offender  in  arrest,  and  report  him 
and  his  offence,  if  such  offender  is  under  the  rank  of  a  field  officer, 
to  the  officer  commanding  the  brigade;  if  the  offender  is  of  the  rank 
of  a  field  officer,  to  the  major  general  or  officer  commanding  the  divi- 
sion; and  if  the  offender  is  of  the  rank  of  a  general  officer  to  the 
commander  in  Chief.  And  the  officer,  to  whom  such  offence  shall 
be  reported  as  aforesaid,  is  empowered  to  appoint  a  court  martial 
for  the  trial  of  such  offender,  and  to  approve  or  disapprove  the 
sentence  of  the  Court,  as  he  may  think  just.  But  if  such  officer  on 
examination  of  the  report,  shall  be  of  opinion  that  the  offence  would 
not  justify  an  arrest  and  trial,  he  is  empowered  to  discharge  such 
officer  from  arrest,  and  order  him  to  resume  his  duty.  And  if  any 
officer,  after  having  been  put  in  arrest,  shall  presume  to  exercise  any 
military  Command,  until  he  is  discharged  from  his  arrest,  he  shall 
be  liable  to  be  tried  by  a  court  martial,  and,  if  convicted,  shall  be 
removed  from  office. 

Section  2.  i\nd  be  it  further  enacted,  That  all  courts  martial 
hereafter  to  be  appointed  by  the  Commander  in  Chief  shall  consist 
of  eight  members,  a  president,  judge  advocate  and  a  marshal;  the 
president  of  which  shall  be  of  the  rank  of  a  Major  general:  all 
Courts  martial  appointed  by  a  Major  general  shall  consist  of  six 
members  a  president,  judge  advocate  and  a  marshal;  the  president 
of  which  shall  be  of  the  rank  of  a  Colonel  or  higher  grade:  and  all 
courts  martial  appointed  by  a  brigadier  general  shall  consist  of  four 
members,  a  president,  judge  advocate  and  a  marshal;  the  president 
of  which  shall  be  of  the  rank  of  a  field  officer.  The  president  and 
marshal  of  every  court  marstial  shall  be  appointed  by  the  officer 
ordering  the  same  and  such  officer  may,  at  his  discretion,  order  a 
number  of  officers  not  exceeding  half  the  number  of  members,  of 
which  the  court  is  composed,  to  be  detailed  as  supernumeraries  to 
attend  the  court  at  the  organization  thereof,  and  in  case  there  shall 
be  any  vacancy  or  vacancies,  the  judge  advocate  shall  fill  such 
vacancy  or  vacancies  from  the  supernumeraries. 

Section  3.  And  be  it  further  enacted,  That  if  a  general  court 
martial  is  to  be  formed,  orders  shall  be  issued  to  such  divisions  as  in 
the  opinion  of  the  commander  in  chief,  may  most  conveniently  fur- 
nish the  members;  if  a  division  court  martial,  orders  shall  be  issued 
to  such  brigades  or  regiments  within  the  division,  as  in  the  opinion 
of  the  major  general  or  officer  commanding  the  division,  may  most 
conveniently  furnish  the  members;  if  a  brigade  court  martial,  orders 
shall  be  issued  to  such  regiments  within  the  brigade  as  in  the  opinion 
of  the  brigadier  general  or  officer  commanding  the  brigade,  may 
most  conveniently  furnish  the  members.  And  whenever  the  officer 
commanding  a  division,  brigade,  or  regiment,  shall  be  ordered  to 
furnish   any  officer  or  officers   as   a  member  or  members  super- 


842  LAWS  OF   NEW  HAMPSHIRE 

numerary  or  supernumeraries,  of  a  court  martial,  such  officer  or 
officers  shall  be  regularly  detailed  from  the  division,  brigade  or  regi- 
ment by  the  commanding  officers  thereof  respectively,  in  the  follow- 
ing manner:  major  generals  by  the  commander  in  chief  or  his  orders 
from  the  general  roster;  brigadier  generals  by  the  commanding 
officers  of  divisions  from  the  lists  furnished  them  by  the  Adjutant 
general:  field  officers  by  the  commanding  officers  of  brigades  from 
the  lists  furnished  them  by  the  adjutant  general;  and  captains  and 
subalterns  by  the  commanding  officers  of  regiments,  from  the  regi- 
mental rosters. 

Section  4.  And  be  it  further  enacted,  That  before  any  court 
martial  shall  proceed  in  the  trial  of  any  officer,  the  judge  advocate 
shall  administer  to  the  president  and  each  of  the  members  sepa- 
rately the  following  oath:  You  A.  B.  do  swear,  that  without  par- 
tiality favor,  affection,  prejudice  or  hope  of  reward,  you  will  well 
and  truly  try  the  cause  now  before  you,  between  this  State  and  the 
person  (or  persons  as  the  case  may  be)  to  be  tried,  and  you  do 
further  swear,  that  you  will  not  divulge  the  sentence  of  the  court 
martial,  until  it  shall  be  approved  or  disapproved;  and  that  you  will 
not  on  any  account,  at  any  time  whatever  discover  the  vote  or 
opinion  of  any  member  unless  required  to  give  evidence  thereof  as> 
a  witness  by  a  court  of  justice  in  a.  due  course  of  law.  So  help  you 
GOD.  And  the  president  shall  administer  to  the  judge  advocate 
the  following  oath:  You  A.  B.  do  swear,  that  you  will  faithfully  and 
impartially  discharge  your  duties  as  judge  advocate  on  this  occasion, 
as  well  to  the  State  as  the  accused;  and  that  you  will  not,  on  any 
account  at  any  time  whatever  divulge  the  vote  or  opinion  of  any 
member  of  this  court  martial,  unless  required  to  give  evidence 
thereof,  as  a  witness,  by  a  Court  of  Justice  in  a  due  course  of  law. 
So  help  you  God. 

Section  5.  And  be  it  further  enacted,  That  when  any  member  is 
challenged,  either  on  the  part  of  the  government  or  of  the  accused, 
the  cause  of  the  challenge  shall  be  stated  in  writing,  of  which  the 
court  after  due  deliberation  shall  determine  the  relevancy  or 
validity,  and  decide  accordingly;  and  no  challenge  to  more  than  one 
member  at  once  shall  be  recieved  by  the  court.  On  questions  of 
challenge,  the  member  objected  to  shall  not  vote;  but  the  president 
may  vote  with  the  members,  that  the  full  number  of  votes  may  be 
given;  and  in  no  case  shall  a  challenge  be  acted  upon,  until  the 
president  and  judge  advocate  and  the  intended  members  be  sworn. 
All  trials  by  court  martial  shall  be  carried  on"  in  the  day  time,  and 
when  the  votes  shall  be  called  for  on  any  question,  the  judge  ad- 
vocate shall  begin  with  the  youngest  in  commission  and  proceed 
regularly  to  the  oldest,  and  at  all  courts  martial,  unless  two  thirds 
of  the  members  agree,  that  the  accused  is  guilty,  the  judge  advocate 
shall  record  his  acquittal;  but  if  two  thirds  or  more  pronounce  the 


LAWS  OF   NEW  HAMPSHIRE  §43 

accused  to  be  guilty  the  court  shall  proceed  to  pass  sentence  upon 
him. 

Section  6  And  be  it  further  enacted,  That  all  courts  martial 
shall  have  power  to  cashier,  or  to  reprimand  in  orders,  or  to  inflict 
such  fine  on  any  officer  by  said  court  convicted,  as  under  the  circum- 
stances of  the  case  to  said  court  may  seem  reasonable,  not  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars;  to  be  sued  for  and 
recovered  by  the  judge  advocate,  who  served  on  said  court  in  an 
action  of  debt  before  any  court  proper  to  try  the  same  for  the  use 
of  the  State.  And  if  any  officer  shall  be  sentenced  to  be  cashiered 
the  court  shall  adjudge  him  to  be  disqualified  for  and  incapable 
of  holding  any  military  office  under  this  State  for  life  or  a  term  of 
years,  according  to  the  aggravation  of  the  offence.  And  all  courts 
martial  are  authorized  to  preserve  order  during  their  session;  and 
if  any  person  or  persons  in  presence  of  a  court  martial  shall  behave 
in  a  disorderly  manner  or  make  any  tumult  in  or  disturb  a  court 
martial  and  shall  not  upon  command  of  the  marshal  thereof  desist 
therefrom  it  shall  be  lawful  for  the  court  martial  to  confine  such 
disorderly  person  or  persons,  for  a  time  not  exceeding  eight  hours. 

Section  7.  Arid  be  it  further  enacted,  That  every  officer  to  be 
tried  by  a  court  martial  shall  be  put  in  arrest,  and  shall  have  a  copy 
of  the  charges  exhibited  against  him,  and  notice  of  the  time  and 
place  appointed  for  his  trial  shall  be  given  ten  days  at  least  before 
his  trial  is  commenced;  and  every  officer  arrested  as  aforesaid  shall 
be  brought  to  trial  without  any  unnecessary  delay.  And  no  officer 
shall  be  tried  before  a  court  martial  for  any  offence,  which  shall  have 
been  committed  more  than  one  year  previous  to  the  time  when  a 
complaint  shall  have  been  made  in  writing  therefor,  unless  by  reason 
of  having  absented  himself  or  some  other  manifest  impediment,  he 
shall  not  have  been  amenable  to  justice  within  that  period.  In  case 
any  officer,  for  the  trial  of  whom  a  court  martial  is  appointed,  shall 
neglect  to  appear  and  make  his  defence,  or,  if  appearing  shall  with- 
draw in  contempt  of  the  court  or  being  arraigned  before  a  court 
martial,  shall,  from  obstinacy  or  deliberate  design,  stand  mute,  or 
answer  foreign  to  the  purpose,  the  court  may  proceed  to  trial  and 
judgment  as  if  he  had  regularly  pleaded  not  guilty. 

Section  8.  And  be  it  further  enacted,  That  the  judge  advocate 
shall  administer  the  following  oath  or  affirmation  to  all  witnesses 
required  to  give  evidence  before  the  court  martial  or  any  court  of 
enquiry; 

"You  swear  ("or  affirm"  as  the  case  may  be  that  the  evidence  you 
shall  give  relative  to  the  charge  now  in  hearing,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth.  So  help  you  God,"  (or 
"this  do  you  under  the  pains  and  penalties  of  perjury",  in  case 
the  witness  shall  affirm.) 

And  if  any  person  called  by  summons  from  the  president  of  a 


844  LAWS  OF  NEW  HAMPSHIRE 

court  martial  to  give  evidence,  shall  refuse  or  unreasonably  neglect 
to  appear,  or  appearing  shall  refuse  to  give  evidence,  he  shall  be 
committed  to  the  common  gool  of  the  county,  where  such  court  is 
sitting,  by  warrant  under  the  hand  and  seal  of  the  president  directed 
to  the  marshal  of  such  court,  or  to  the  Sheriff  of  said  County  or  his 
deputy,  there  to  remain  three  months,  unless,  sooner  discharged 
therefrom  by  order  of  the  Justices  of  the  Superior  Court. 

Section  9.  And  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  judge  advocates  to  attend  all  courts  martial  holden  within 
their  respective  divisions,  when  thereto  ordered:  Provided,  that  it 
shall  be  in  the  power  of  the  officer  ordering  a  court  martial  to  ap- 
point a  judge  advocate  pro  tempore  to  any  particular  court  martial 
or  court  of  inquiry  appointed  to  be  holden,  in  case  of  the  inability  of 
the  judge  advocate,  or  in  case  of  any  legal  impediment  to  his  acting. 
And  it  shall  further  be  the  duty  of  each  judge  advocate  or  person 
officiating  as  such  at  any  court  martial,  impartially  to  state  the  evi- 
dence both  for  and  against  the  officer  or  officers  under  trial,  to  take 
accurate  minutes  of  the  evidence  and  of  the  proceedings  of  the' 
court,  all  of  which,  with  the  judgment  of  the  court  thereupon, 
authenticated  with  his  signature  and  that  of  the  president  of  the 
court,  with  the  papers  used  at  the  trial,  or  copies  thereof  certified 
by  him,  he  shall  transmit  under  seal  to  the  officer,  whose  duty  it  is 
to  approve  or  disapprove  the  sentence  of  the  court;  and  all  motions 
and  objections  to  evidence,  whether  on  the  part  of  the  State  or  of 
the  accused,  and  the  opinions  of  the  judge  advocate  on  questions 
of  law  made  at  the  trial,  shall  be  in  writing;  and  the  statement  of 
the  complainant  and  the  defence  of  the  accused  shall  be  made  in 
writing,  in  order  that  a  full  view  of  the  trial  may  be  had  by  the 
officer  ordering  the  court. 

Section  10.  And  be  it  further  enacted,  That  the  original  records 
of  the  proceedings  and  judgments  of  all  courts  martial,  after  having 
recieved  the  approbation  or  disapprobation  of  the  officer,  who  ap- 
pointed them,  shall,  as  soon  as  opportunity  of  time  and  distance  will 
permit,  after  such  courts  are  dissolved,  be  deposited  in  the  office  of 
the  Adjutant  general,  where  they  shall  be  carefully  kept  and  pre- 
served, and  the  officer  who  appointed  the  court  martial,  shall  be 
entitled  to  receive,  upon  his  demand,  a  copy  of  the  original  records 
from  said  office,  certified  by  said  Adjutant  general;  and  the  party 
tried  by  any  court  martial  upon  request  made  at  the  office  of  the  Ad- 
jutant general,  by  himself  or  any  person  authorized  in  his  behalf, 
shall  be  entitled  to  a  copy  of  the  original  record,  certified  as  afore- 
said, of  the  proceedings  and  judgment  of  the  court  martial,  which 
tried  him,  he  paying  reasonably  therefor. 

Section  11.  And  be  it  further  enacted,  That  the  Commander  in 
chief  may  call  boards  of  officers;  whenever  in  his  opinion,  they  may 
be  necessary  for  settling  military  questions,  or  for  other  purposes 
relative  to  good  order  and  discipline,  and  the  Commander  in  chief, 


LAWS   OF   NEW   HAMPSHIRE  845 

the  major-generals  or  officers  commanding  divisions,  each  in  his  owr 
division,  and  the  brigadier  generals  or  officers  commanding  brigades, 
each  in  his  own  brigade,  may  order  courts  of  inquiry  to  examine  into 
the  nature  of  any  transaction  or  any  accusation  or  imputation 
against  any  officer,  when  made  by  an  inferior.  Provided  neverthe- 
less, that  all  courts  of  inquiry  on  general  officers  are  to  be  ordered 
by  the  Commander  in  chief;  all  courts  of  inquiry  on  field  officers 
are  to  be  ordered  by  the  major  generals,  or  officers  commanding 
divisions;  and  all  courts  of  inquiry  on  captains  and  subalterns,  shall 
be  ordered  by  the  brigadier  generals  or  officers  commanding  bri- 
gades. All  courts  of  inquiry  shall  consist  of  three  officers,  with  the 
judge  advocate  of  the  brigade  in  which  they  are  holden,  or  some 
other  suitable  person  in  case  of  his  inability  to  attend  or  any  legal 
impediment  to  his  acting.  The  judge  advocate  shall  administer  to 
each  of  the  officers  composing  a  court  of  inquiry  the  following  oath. 
You  A.  B.  do  swear,  That  you  will  well  and  truly  examine  and 
inquire  into  the  matter  now  before  you  without  partiality,  favor, 
prejudice,  affection  or  hope  of  reward;  So  help  you  God. 

After  which  the  president  shall  administer  to  the  judge  advocate 
the  following  oath:  You  A.  B.  do  swear,  that  you  will  impartially 
record  the  proceedings  of  the  court,  and  the  evidence  to  be  given 
in  the  case  in  hearing.    So  help  you  God. 

These  courts  shall  have  the  same  powers  in  relation  to  the  sum- 
moning and  examination  of  witnesses  and  the  preservation  of  order 
as  Courts  Martial:  the  parties  also  shall  be  permitted  to  cross  ex- 
amine witnesses  so  as  fairly  to  investigate  the  circumstances  in  ques- 
tion. The  court  shall  not  give  their  opinions  on  the  merits  of  the 
case,  unless  they  are  specially  required  so  to  do;  but  their  proceed- 
ings shall  be  authenticated  by  the  signatures  of  the  president  and 
judge  advocate  and  transmitted  by  the  judge  advocate  under  seal 
to  the  officer  appointing  the  court. 

Section  12.  And  be  it  further  enacted,  That  the  fees  for  services 
rendered  on  courts  martial,  or  courts  of  inquiry,  shall  be  as  follows, 
to  wit:  To  the  president,  members,  supernumeraries,  judge  advo- 
cate, and  marshal,  one  dollar  and  twenty  five  cents  a  day  each, 
and  four  cents  a  mile  for  travel  to  and  from  said  court:  to  the  judge 
advocate  for  drawing  necessary  papers,  for  copying  the  same  or 
making  records,  twelve  and  a  half  cents  for  each  page  of  two  hun- 
dred and  twenty  four  words:  to  the  marshal  for  notifying  members, 
supernumeraries  or  the  accused  of  the  time  and  place  of  trial  three 
cents  a  mile  for  all  necessary  travel  out  and  in,  and  twenty  three 
cents  for  each  notification;  for  summoning  witnesses  twenty  three 
cents  each:  to  the  marshal  or  sheriff  for  committing  any  person  to 
jail  for  refusing  to  give  evidence  the  same  fees  as  are  allowed  to 
sheriffs  for  committing  in  similar  cases:  to  witnesses  the  same  fees, 
as  are  allowed  to  witnesses  attending  the  Superior  court  of  judica- 
ture; and  of  all  services,  fees,  charges,  and  contingent  expenses,  if 


846  LAWS  OF   NEW  HAMPSHIRE 

any,  of  a  court  martial,  a  roll  shall  be  made  out  by  the  judge  advo- 
cate, specifying  each  item  and  to  whom  due;  and  the  President  and 
judge  advocate  shall  certify,  that  the  fees  and  charges  are  legal 
and  that  the  contingent  expenses,  if  any,  were  necessary  and  the 
charges  reasonable:  which  roll  shall  be  transmitted  to  the  Governor 
who  is  hereby  authorized,  if  he  think  said  fees  and  charges  reason- 
able to  draw  an  order  on  the  Treasurer  for  the  amount  in  favor  of 
the  president  of  said  Court. 

Section  13     And  be  it  further  enacted,  That  this  act  shall  not 
take  effect  until  the  first  day  of  March  next. 


[CHAPTER  91.] 


State  of  I 

New  Hampshire.  \ 


An  act  for  the  punishment  of  certain  crimes  by  solitary 
imprisonment  and  confinement  to  hard  labor. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  269.  Session  Laws,  1828, 
Chap.  91.  Laws,  1830  ed.,  p.  136.  This  act  repeals  acts  of  February  8, 
1791,  Laws  of  New  Hampshire,  vol.  5,  p.  596;  February  16,  1791,  id.,  p.  718; 
June  19,  1812,  id.,  vol.  8,  p.  129,  and  December  18,  1812,  id.,  p.  196.  See  also 
acts  of  June  28,  1825,  ante,  p.  415,  and  January  2,  1829,  post.  Repealed  by 
act  of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Sec.  1.  Be  it  enacted  by  the  senate  and  house  of  representa- 
tives in  general  court  convened,  that  if  any  person  shall,  in  the  night 
time,  break  and  enter  any  dwelling  house,  with  intent  feloniously  to 
kill,  rob,  steal,  commit  a  rape,  or  perpetrate  any  other  felony;  or 
shall  aid  or  assist  therein;  or  shall  be  accessory  thereto,  before  the 
fact;  such  person  shall  be  punished,  by  solitary  imprisonment,  for 
a  term  not  exceeding  six  months,  and  by  confinement  to  hard  labor 
for  life. 

Sec.  2.  And  be  it  further  enacted,  that  if  any  person,  with  intent 
to  kill,  rob,  steal,  commit  a  rape,  or  perpetrate  any  other  felony, 
shall  in  the  night  time,  break  and  enter  any  office,  bank,  shop,  store 
ware-house,  or  ship  or  vessel,  lying  within  the  body  of  a  county, 
or  shall  be  aiding  or  assisting  therein,  or  be  accessory  thereto  before 
the  fact,  such  person  shall  be  punished  by  confinement  to  hard 
labor  for  a  term  not  less  than  three  nor  more  than  ten  years. 

Sec.  3.  And  be  it  further  enacted,  That  if  any  person,  with 
intent  to  kill,  rob,  steal,  commit  a  rape,  or  perpetrate  any  other 
felony,  shall  in  the  night  time  enter  without  breaking,  or  in  the  day 
time  break  and  enter  any  dwelling  house,  or  out  house  thereto  ad- 
joining &  occupied  therewith,  or  any  office,  bank,  shop,  store  ware- 
house or  any  ship  or  vessel  lying  within  the  body  of  a  county,  or 
shall  be  aiding  or  assisting  therein,  or  be  accessory  thereto  before 


LAWS   OF   NEW  HAMPSHIRE  «47 

the  fact,  such  person  shall  be  punished  by  confinement  to  hard 
labor  for  a  term  not  less  than  two  years  nor  more  than  seven  years. 

Sec.  4.  And  be  it  further  enacted,  That  if  any  person  shall,  by 
assault  or  any  violence  and  putting  in  fear,  feloniously  steal,  rob 
and  take  from  the  person  of  another,  any  money,  goods,  chattels, 
or  other  property,  which  may  be  the  subject  of  larceny,  or  shall  aid 
or  assist  therein,  or  be  accessory  thereto,  before  the  fact,  such  per- 
son shall  be  punished  by  solitary  imprisonment  not  exceeding  six 
months  and  by  confinement  to  hard  labor  for  life. 

Sec.  5.  And  be  it  further  enacted,  That  if  any  person  shall 
commit  the  crime  of  manslaughter,  such  person  shall  be  punished  by 
fine  not  exceeding  one  thousand  dollars :  or  by  fine  not  exceeding  five 
hundred  Dollars  and  imprisonment  in  the  common  gaol  not  exceed- 
ing one  year:  or  by  solitary  imprisonment  not  exceeding  six  months, 
and  by  confinement  to  hard  labour  for  any  term  of  years  not  less 
than  one  year,  or  for  life,  according  to  the  aggravation  of  the  of- 
fence. 

Sec.  6,  And  be  it  further  enacted,  That  if  any  man  shall  ravish 
and  carnally  know  any  woman,  committing  carnal  copulation  with 
her  by  force,  against  her  will:  or  if  any  man  shall  unlawfully  and 
carnally  know  and  abuse  any  woman  child  under  the  age  of  ten 
years,  such  person  on  conviction,  shall  be  punished  by  solitary  im- 
prisonment not  exceeding  six  months,  and  by  confinement  to  hard 
labour  for  life. 

Sec.  7.  And  be  it  further  enacted,  That  if  any  person  shall  of 
set  purpose  &  malice  aforethought  unlawfully  cut  off  the  ear  or  ears, 
or  cut  out  or  disable  the  tongue,  put  out  an  eye,  slit  the  nose,  cut  off 
the  nose  or  lip,  or  cut  off  or  disable  any  limb  or  member,  of  any 
person,  with  intention  to  maim  or  disfigure,  or  shall  aid  or  assist 
therein,  or  be  accessory  thereto  before  the  fact,  such  person  so  of- 
fending shall  be  punished  by  solitary  imprisonment  not  exceeding 
six  months,  and  by  confinement  to  hard  labour  for  a  term  not  less 
than  one  year,  nor  more  than  twenty  years. 

Sec.  8,  And  be  it  further  enacted,  That  if  any  person,  with  in- 
tent to  commit  murder,  rape  sodomy  or  robbery,  shall  make  an  as- 
sault on  another,  or  aid  or  assist  therein,  or  be  accessory  thereto  be- 
fore the  fact,  such  person  shall  be  punished  by  solitary  imprison- 
ment not  exceeding  six  months,  and  by  confinement  to  hard  labour 
for  a  term  not  less  than  one  year,  nor  more  than  ten  years. 

Sec.  9.  And  be  it  further  enacted,  That  if  any  person  shall  wil- 
fully and  maliciously  burn  the  dwelling  house  of  another,  or  any  out 
building  adjoining  thereto,  or  within  the  curtilage  thereof,  or  any 
other  building,  by  means  whereof  such  dwelling  house  shall  be 
burnt,  or  shall  aid  or  assist  therein,  or  be  accessory  thereto  before 
the  fact,  such  person  shall  be  punished  by  solitary  imprisonment  not 
exceeding  six  months,  and  by  confinement  to  hard  labour  for  life. 

Sec.  10.     And  be  it  further  enacted,  That  if  any  person  shall 


848  LAWS  OF  NEW  HAMPSHIRE 

wilfully  and  maliciously  burn  any  meeting  house,  church,  court- 
house, college,  academy,  school-house,  or  other  public  building 
erected  or  designed  for  public  use,  or  any  ware-house,  store  shop 
bank  mill  factory  barn  stable  ship  or  vessel  lying  within  the  body 
of  a  county,  or  other  building  whatsoever  of  another,  or  shall  aid 
or  assist  in  doing  the  same  or  be  accessory  thereto  before  the  fact, 
such  person  shall  be  punished  by  solitary  imprisonment  not  exceed- 
ing six  months,  and  by  confinement  to  hard  labour  for  a  term  not 
less  than  two  years,  nor  more  than  twenty  years. 

Sec.  11.  And  be  it  further  enacted,  That  if  any  person  shall 
wilfully  and  maliciously  burn  any  stack  of  corn,  hay,  grain  or  flax  or 
any  fence  or  pile  of  boards,  lumber  or  wood,  or  any  trees  or  under- 
wood of  another,  or  shall  aid  or  assist  therein,  or  procure  the  same  to 
be  done,  such  person  shall  be  punished  by  confinement  to  hard 
labour  for  a  term  not  less  than  one  year,  nor  more  than  three  years, 
or  by  fine  not  exceeding  one  thousand  dollars,  and  imprisonment  in 
the  common  gaol  not  exceeding  one  year,  according  to  the  aggrava- 
tion of  the  offence. 

Sec.  12.  And  be  it  further  enacted,  That  if  any  person  shall 
wilfully  and  maliciously,  kill,  maim,  wound,  or  poison  any  horse, 
cattle,  sheep  or  swine  of  another,  with  intent  to  injure  the  owner 
thereof,  or  shall  aid  or  assist  therein,  or  procure  the  same  to  be  done, 
such  person,  so  offending,  shall  be  punished  by  confinement  to  hard 
labour  for  a  term  not  less  than  one  year,  nor  more  than  three  years, 
or  by  a  fine  not  exceeding  one  thousand  Dollars,  and  by  imprison- 
ment in  the  common  gaol  not  exceeding  one  year,  according  to  the 
aggravation  of  the  offence. 

Sec.  13.  And  be  it  further  enacted,  That  if  any  person  shall 
wilfully  and  maliciously  kill,  maim,  beat  or  wound,  any  horse,  cattle 
sheep  or  swine  or  shall  aid  or  assist  therein,  or  procure  the  same  to 
be  done,  such  person  so  offending  shall  be  punished,  by  fine  not  ex- 
ceeding one  hundred  dollars  or  by  imprisonment  in  the  common 
Gaol  not  exceeding  ninety  days. 

Sec.  14.  And  be  it  further  enacted,  That  if  any  person  shall 
falsely  make,  forge  or  counterfeit  any  note,  certificate  or  other  se- 
curity, in  imitation  of,  or  purporting  to  be  a  note,  certificate  or  other 
security  which  has  been  or  may  hereafter  be  issued  for  any  debt 
of  this  state:  or  any  bank  bill  or  note,  in  imitation  of,  or  purport- 
ing to  be  a  bank  bill  or  note  which  has  been,  or  may  hereafter  be 
issued  by  any  corporation  which  is  or  may  hereafter  be  lawfully 
established  as  a  bank  in  this  state  or  in  any  place  within  the  United 
States;  or  shall  falsely  alter  any  note  certificate  or  security  which 
has  been  or  may  be  hereafter  so  issued  for  any  debt  of  this  state,  or 
any  bank  bill  or  note  which  has  been  or  may  be  hereafter  so  issued 
by  any  corporation  so  established  or  to  be  established  as  aforesaid 
with  intent  to  defraud  this  state,  or  any  body  politic  or  any  person 
or  persons  whomsoever,  or  shall  aid  or  assist  therein  or  shall  be 


LAWS  OF   NEW  HAMPSHIRE  &49 

accessory  thereto  before  the  fact  such  person  so  offending  shall  be 
punished  by  solitary  imprisonment  not  exceeding  six  months,  and 
by  confinement  to  hard  labour  for  a  term  not  less  than  five  years, 
nor  more  than  twenty  years, 

Sec.  15.  And  be  it  further  enacted,  That  if  any  person  shall 
utter,  publish  pass  or  tender  in  payment  as  true,  any  such  false, 
forged,  counterfeited  or  altered  note  certificate  or  security  or  any 
such  false,  forged,  counterfeited  or  altered  bank  bill  or  note,  know- 
ing the  same  to  be  false,  forged,  counterfeited  or  altered  as  afore- 
said, with  intent  to  defraud  this  state,  or  any  body  politick,  or  any 
person  or  persons  whomsoever,  or  shall  aid  or  assist  therein,  or  be 
accessory  thereto  before  the  fact,  such  person  so  offending  shall  be 
punished  by  solitary  imprisonment  not  exceeding  four  months  and 
by  confinement  to  hard  labour  for  a  term  not  less  than  two,  nor  more 
than  five  years. 

Sec.  16.  And  be  it  further  enacted,  That  if  any  person  shall 
knowingly  bring  into  this  state,  or  have  in  his  possession  or  custody, 
any  false,  forged  and  counterfeited  bill  or  note,  falsely  made,  forged 
and  counterfeited  in  imitation  and  similitude  of  any  bank  bill  or 
note  issued  by  any  corporation  which  is  or  may  hereafter  be  lawfully 
established  as  a  bank  within  this  state,  or  in  any  place  within  the 
United  States,  with  intent  to  utter,  publish,  pass  or  tender  the  same 
in  payment  as  true,  knowing  the  same  to  be  false,  forged  and  coun- 
terfeited, such  person  shall  be  punished  by  solitary  imprisonment 
not  exceeding  four  months  and  by  confinement  to  hard  labour  for 
a  term  not  less  than  two  nor  more  than  five  years. 

Sec.  17.  And  be  it  further  enacted,  That  if  any  person  shall 
engrave,  form,  make,  mend  or  begin  to  engrave  form,  make,  or  mend 
any  plate  paper  rolling  press  or  other  instrument  or  material  devised 
adapted  and  designed  for  the  stamping,  forging  or  making  any  false, 
forged  or  counterfeit  bank  bills  or  notes  in  imitation  of  the 
bills  or  notes  which  have  been  or  shall  be  issued  by  any  cor- 
poration lawfully  established,  or  which  shall  be  lawfully  estab- 
lished, within  this  state,  or  in  any  place  within  the  United 
States,  or  shall  have  in  his  possession  or  custody  any  such  plate 
engraven  in  any  part,  or  any  such  paper  rolling  press  or  other  in- 
strument, or  material  devised,  adapted  or  designed  as  aforesaid, 
with  intent  to  use  and  employ  the  same,  or  cause  or  permit  the 
same  to  be  used  and  employed  in  forging  and  making  any  such  false 
and  counterfeit  bank  bills  or  notes,  such  person  so  offending  shall 
be  punished  by  solitary  imprisonment  not  exceeding  four  months 
and  by  confinement  to  hard  labour  for  a  term  not  less  than  two  nor 
more  than  five  years. 

Sec.  18.  And  be  it  further  enacted,  That  if  any  person  shall 
falsely  make,  alter  forge  or  counterfeit,  or  procure  to  be  falsely 
made  altered  forged  or  counterfeited,  or  aid  and  assist  in  falsely 
making,  forging  altering  or  counterfeiting  any  public  record  or  any 

54 


85O  LAWS  OF   NEW   HAMPSHIRE 

writ  process,  or  proceeding  in  any  court  of  Justice  in  this  State;  any 
certificate  or  attestation  of  a  justice  of  the  peace,  notary  public, 
clerk  of  any  court,  town  clerk,  or  other  public  officer,  in  any  matter 
wherein  such  certificate  or  attestation  may  be  received  as  legal 
proof:  any  charter,  deed  will  or  testament,  hand  or  writing  oblig- 
atory, letter  of  attorney,  policy  of  insurance,  bill  of  exchange,  prom- 
issory note,  order,  aquittance,  discharge  for  or  upon  the  payment 
of  money,  or  delivery  of  goods;  or  any  acceptance  of  a  bill  of  ex- 
change, or  any  endorsement,  or  assignment  of  a  bill  of  exchange  or 
promissory  note;  any  certificate,  accountable  receipt  for  money, 
goods  or  other  thing:  or  any  warrant,  order  or  request  for  the  pay- 
ment of  money,  or  delivery  of  goods  or  chattels,  or  for  the  delivery 
of  any  note,  bill  or  other  security  for  money  or  goods:  or  any  lot- 
tery ticket:  or  any  writing  whatever,  purporting  to  contain  evidence 
of  any  debt,  contract  or  promise,  or  of  the  discharge,  payment  or 
satisfaction  of  any  debt,  contract  or  promise,  with  intent  to  defraud 
any  person  or  body  politick:  or  shall  utter  and  publish  as  true,  or 
procure  to  be  uttered  or  published  as  true,  any  such  false,  forged, 
altered  or  counterfeited  record,  deed  or  other  writings  above  men- 
tioned knowing  the  same  to  be  false,  forged,  altered  or  counterfeited 
with  intent  to  defraud  any  person  or  body  politick  or  shall  aid  or 
assist  in  doing  the  same:  such  person  so  offending  shall  be  pun- 
ished by  solitary  imprisonment  not  exceeding  six  months,  and 
by  confinement  to  hard  labour  for  a  term  not  less  than  three  nor 
more  than  seven  years. 

Sec.  19.  And  be  it  further  enacted,  That  if  any  person  shall 
forge  and  counterfeit  any  false  coin  in  imitation  and  similitude  of 
any  gold  or  silver  coin  current  within  this  state,  by  law  or  usage,  or 
shall  aid  or  assist  therein,  or  shall  be  accessory  thereto  before  the 
fact,  such  person  shall  be  punished  by  solitary  imprisonment  not 
exceeding  six  months  and  by  confinement  to  hard  labour  for  a  term 
not  less  than  four  nor  more  than  ten  years. 

Sec.  20.  And  be  it  further  enacted,  That  if  any  person  shall 
utter,  pass  or  tender  in  payment  as  true  any  false  forged  and  coun- 
terfeit coin,  made  and  forged  in  imitation  and  similitude  of  any  gold 
or  silver  coin  current  within  this  state  by  law  or  usage  knowing  the 
same  to  be  false  forged  and  counterfeited,  with  intent  to  defraud  any 
person  or  body  politick  or  shall  aid  or  assist  in  doing  the  same,  or 
shall  procure  the  same  to  be  done,  such  person  so  offending  shall  be 
punished  by  solitary  imprisonment  not  exceeding  four  months  and 
by  confinement  to  hard  labour  for  a  term  not  less  than  two  nor 
more  than  five  years. 

Sec.  21  And  be  it  further  enacted,  That  if  any  person  shall  bring 
into  this  state,  or  have  in  his  possession  or  custody  any  false  and 
counterfeit  coin  made  and  forged  in  imitation  and  similitude  of  any 
gold  or  silver  coin  current  within  this  state  by  law  or  usage,  know- 
ing the  same  to  be  false  and  counterfeit  with  intent  to  utter  and 


LAWS   OF   NEW  HAMPSHIRE  851 

pass  the  same  in  payment  as  true,  such  person  shall  be  punished  by 
solitary  imprisonment  not  exceeding  four  months  and  by  confine- 
ment to  hard  labour  for  a  term  not  less  than  two  nor  more  than  five 
years. 

Sec.  22.  And  be  it  further  enacted,  That  if  any  person  shall  cast 
stamp  engrave  form  make  or  mend  or  shall  begin  to  cast  stamp  en- 
grave, form,  make  or  mend,  or  shall  knowingly  have  in  his  pos- 
session or  custody,  any  mould  pattern  dye  puncheon  press  or  other 
tool  or  instrument  whatever  devised  adapted  or  designed  for  the 
forging  or  making  of  any  false  and  counterfeit  coin  in  imitation  and 
similitude  of  any  gold  or  silver  coin  current  in  this  state,  by  law 
or  usage  with  intent  to  use  and  employ  the  same  or  to  cause  or 
permit  the  same  to  be  used  or  employed  in  forging  or  making  any 
such  false  and  counterfeit  coin  as  aforesaid,  such  person  shall  be 
punished  by  solitary  imprisonment  not  exceeding  four  months  and 
by  confinement  to  hard  labour  for  a  term  not  less  than  two  nor  more 
than  five  years. 

Sec.  23.  And  be  it  further  enacted,  That  if  any  person  shall 
knowingly  and  corruptly  commit  wilful  perjury  on  his  or  her  oath 
or  affirmation  in  any  suit,  controversy,  matter  or  cause  pending  in 
any  court,  or  before  any  justice  of  the  peace  referees  or  arbitrators 
or  in  any  deposition  lawfully  taken  to  be  used  in  the  hearing  or  trial 
of  any  cause  or  matter  in  this  state  or  elsewhere,  wherein  an  oath 
or  affirmation  is  by  law  required  to  be  administered,  such  person 
shall  be  punished  by  solitary  imprisonment  not  exceeding  four 
months  and  by  confinement  to  hard  labour  for  a  term  not  less  than 
two  nor  more  than  five  years. 

Sec.  24.  And  be  it  further  enacted,  That  if  any  person  shall  pro- 
cure or  corruptly  endeavor  to  procure  another  by  rewards,  promises, 
or  other  sinister  means,  to  commit  wilful  perjury  in  any  of  the  cases 
or  matters  aforesaid,  such  person  shall  be  punished  by  solitary  im- 
prisonment not  exceeding  four  months  and  by  confinement  to  hard 
labour  for  a  term  not  less  than  two  nor  more  than  five  years. 

Sec.  25.  And  be  it  further  enacted,  That  in  prosecutions  for 
perjury,  it  shall  be  sufficient  to  set  forth  the  offence  charged  upon 
the  defendant,  and  in  what  court  or  before  whom  the  oath  or  affirma- 
tion was  taken,  averring  such  court  or  person  or  persons  to  have  com- 
petent authority  to  administer  the  same,  together  with  proper  aver- 
ments to  falsify  the  matters  wherein  the  perjury  is  assigned  without 
setting  forth  the  record  or  proceedings  other  than  as  aforesaid,  and 
without  setting  forth  the  commission  or  authority  of  the  court  or 
person  or  persons  before  whom  the  perjury  was  committed. 

Sec.  26.  And  be  it  further  enacted,  That  if  any  person  shall 
feloniously  steal,  take  and  carry  away  of  the  property  of  another, 
any  money,  goods  or  chattels  amounting  in  value  to  the  sum  of 
twenty  dollars,  or  any  charter,  deed  or  other  writing  containing  or 
imparting  the  conveyance  of  land  or  other  real  estate,  or  containing 


852  LAWS   OF   NEW  HAMPSHIRE 

or  imparting  a  defeasance  or  release  of  title  to  any  land  or  other  real 
estate,  or  any  will  or  testament,  or  any  policy  of  insurance,  bill  of 
sale  of  any  ship  or  vessel,  or  letter  of  attorney  or  any  writ,  process, 
or  any  record  of  any  of  the  courts  in  this  state  or  shall  aid  or  assist 
therein:  and  if  any  person  shall  feloniously  take  steal  and  carry 
away  of  the  property  of  another  any  bond,  promissory  note,  bill  of 
exchange,  order  or  other  writing  or  obligation  containing  evidence 
of  any  unsatisfied  debt  amounting  to  twenty  Dollars  or  containing 
evidence  of  any  subsisting  contract,  covenant  or  promice  to  pay  in 
money  or  goods,  any  sum  amounting  to  twenty  dollars,  or  containing 
evidence  of  the  discharge,  payment  or  satisfaction  of  any  such  debt, 
contract  covenant  or  promise,  or  shall  aid  or  assist  therein;  such 
person  shall  be  deemed  and  taken  to  be  guilty  of  larceny,  and  such 
person  so  offending  and  all  accessories  before  the  fact,  shall  be 
punished  by  confinement  to  hard  labour  for  a  term  not  less  than 
two  nor  more  than  five  years. 

Sec.  27.     And  be  it  further  enacted,  That  if  any  person  shall 
feloniously  steal,  take  and  carry  away  of  the  property  of  another, 
any  money,  goods  or  chattels  amounting  to  a  less  sum  in  value  than 
twenty  dollars,  or  any  bond,  promissory  note  bill  of  exchange  order 
or  other  writing  or  obligation  containing  evidence  of  any  unsatisfied 
debt  amounting  to  a  less  sum  than  twenty  dollars,  or  containing 
evidence  of  any  subsisting  contract,  covenant  or  promise  to  pay  in 
money,  goods  or  chattels  any  sum  amounting  to  a  less  sum  than 
twenty  dollars,  or  containing  evidence  of  the  payment,  discharge  or 
satisfaction  of  any  such  debt,  contract,  covenant  or  promise,  or 
any  writing  containing  evidence  of  a  valuable  subsisting  contract, 
or  shall  aid  or  assist  therein  or  procure  the  same  to  be  done  such 
person  shall  be  deemed  and  taken  to  be  guilty  of  larceny,  and  shall 
be  punished  by  imprisonment  in  the  common  Gaol  not  exceeding 
one  year  nor  less  than  one  month  and  by  fine  not  exceeding  one 
hundred  dollars  for  the  use  of  the  county  where  such  offence  shall 
have  been  committed.     And  such  offender  shall  be   further  sen- 
tenced to  pay  treble  the  value  of  the  goods  or  other  articles  stolen, 
to  the  owner  thereof,  and  to  pay  all  the  cost  of  prosecution.     And 
any  of  the  articles  stolen  being  returned  or  restored  shall  be  ac- 
counted part  of  such  treble  value  according  to  the  value  thereof; 
Provided  nevertheless.     That  if  any  person  shall  at  one  time  felo- 
niously steal,  take  and  carry  away  of  the  property  of  another,  divers 
such  bonds,  notes,  bills,  orders  writings  or  obligations  containing 
together  evidence  of  any  unsatisfied  debt  or  debts  amounting  in  the 
whole  to  the  sum  of  twenty  dollars,  or  containing  evidence  of  any 
subsisting  contracts,  covenants  or  promises  to  pay  in  money  or 
goods,  any  sums  amounting  together  to  the  sum  of  twenty  dollars: 
or  containing  evidence  of  the  payment,  discharge  or  satisfaction  of 
any  such  debts,  covenants,  contracts  or  promises,  or  shall  aid  or 
assist  therein  or  be  accessory  thereto  before  the  fact,  such  person 


LAWS   OF    NEW   HAMPSHIRE  853 

shall  be  punished  according  to  the  provisions  of  the  next  preceding 
section  of  this  act,  in  like  manner  as  if  any  one  of  such  bonds,  notes, 
bills,  orders,  or  other  writings  or  obligations  had  been  of  the  amount 
and  description  mentioned  in  said  next  preceding  section. 

Sec.  28.  And  be  it  further  enacted,  That  if  any  person  in  the 
night  time  shall  enter,  without  breaking,  or  in  the  day  time  shall 
break  and  enter  any  dwelling  house,  and  shall  there  commit  larceny 
or  shall  aid  or  assist  therein  or  be  accessory  thereto  before  the  fact, 
such  person  shall  be  punished  by  confinement  to  hard  labour  for  a 
term  not  less  than  two  years,  nor  more  than  ten  years. 

Sec.  29.  And  be  it  further  enacted,  That  if  any  person  in  the 
night  time  shall  enter  any  office,  bank,  shop,  store,  ware  house  or 
any  ship  or  vessel  lying  within  the  body  of  a  county,  and  shall  there 
commit  larceny,  or  shall  aid  or  assist  therein  or  be  accessory  thereto 
before  the  fact,  such  person  shall  be  punished  by  confinement  to 
hard  labour  for  a  term  not  less  than  one  nor  more  than  seven  years. 

Sec.  30.  And  be  it  further  enacted,  That  if  any  person  shall, 
either  openly  or  privately  and  fraudulently  commit  any  larceny 
from  the  person  of  another  or  shall  aid  or  assist  therein  or  be  acces- 
sory thereto  before  the  fact,  such  person  shall  be  punished  by  con- 
finement to  hard  labour  for  a  term  not  less  than  three  nor  more 
then  seven  years. 

Sec.  31.  And  be  it  further  enacted,  That  if  any  person  shall 
feloniously  steal  take  and  carry  away  of  the  property  of  another  any 
horse  or  horses,  mule  or  mules,  neat  cattle  or  sheep  or  shall  aid  or 
assist  therein  or  be  accessory  thereto  before  the  fact,  such  person 
shall  be  punished  by  confinement  to  hard  labour  for  a  term  not  less 
than  three  nor  more  than  seven  years. 

Sec.  32.  And  be  it  further  enacted,  That  if  any  person  shall 
receive  or  conceal  any  money,  goods  or  chattels  or  other  articles, 
stolen  as  aforesaid,  or  shall  aid  or  assist  therein  knowing  the  same 
to  have  been  so  stolen  in  any  such  manner  as  aforesaid,  such  person 
shall  be  punished  in  the  same  manner  and  degree  as  such  person 
would  be,  if  he  had  so  stolen  such  money,  goods,  chattels  or  other 
articles, 

Sec.  33.  And  be  it  further  enacted,  That  any  person  charged 
with  the  receipt  or  concealment  of  money,  goods,  chattels  or  other 
articles  stolen  knowing  the  same  to  have  been  stolen  may  be  prose- 
cuted therefor  as  for  a  misdemeanor,  although  the  principal  felon 
chargeable  or  charged  with  the  larceny  shall  not  have  been  prose- 
cuted or  convicted;  but  after  trial  for  such  misdemeanor,  the  person 
so  tried  shall  not  be  prosecuted  as  an  accessory  after  the  fact  in  the 
same  larecny. 

Sec.  34.  And  be  it  further  enacted,  that  if  any  person  having 
been  once  convicted  of  any  crime  the  punishment  whereof  is  in  and 
by  this  act  declared  to  be  in  whole  or  in  part  confinement  to  hard 
labour  for  a  term  of  years  shall  after  such  conviction  commit  any 


854  LAWS  OF   NEW   HAMPSHIRE 

crime  herein  declared  to  be  in  whole  or  in  part  punishable  by  such 
confinement  to  hard  labour  such  person  so  offending  in  addition  to 
any  punishment  other  than  confinement  to  hard  labour  herein  pro- 
vided for  the  like  offence  on  a  first  conviction  shall  be  punished  by 
a  confinement  to  hard  labour  for  double  the  term  of  time  he  would 
be  liable  to  be  so  confined  on  a  first  conviction  for  the  same  offence. 

Sec.  35,  And  be  it  farther  enacted,  That  if  any  person  having 
been  twice  convicted  of  any  crime  or  crimes  the  punishment  whereof 
is  in  and  by  this  act  declared  to  be  in  whole  or  in  part  confinement 
to  hard  labour  for  a  term  of  years  shall  after  such  convictions  com- 
mit any  crime  herein  declared  to  be  in  whole  or  in  part  punishable 
by  such  confinement  to  hard  labour,  such  person  so  offending  in 
addition  to  any  punishment  other  than  hard  labour  herein  provided 
for  the  like  offence  on  a  first  conviction,  shall  be  punished  by  con- 
finement to  hard  labour  for  life.  And  every  convict  sentenced  for 
the  second  time  to  be  confined  to  hard  labour  for  any  term,  shall, 
on  being  committed  to  the  state's  prison,  be  marked  on  the  arm 
above  the  elbow  with  the  letters  N.  H.  S.  P.  and  with  figures  denot- 
ing the  year  in  which  such  convict  shall  have  been  so  committed; 
which  letters  and  figures  shall  be  made  with  india  ink  well  and 
deeply  inserted.  And  it  shall  be  the  duty  of  the  warden  of  said 
prison  to  cause  the  same  to  be  done;  and  in  case  the  same  shall  be 
rubbed  off  or  effaced  during  each  confinement  it  shall  be  repeated 
until  it  be  indelibly  fixed. 

Sec.  36.  And  be  it  further  enacted,  That  whenever  any  person 
shall  be  indicted  for  any  crime  which  may  be  punished  by  confine- 
ment to  hard  labour  for  life,  such  person  shall  have  all  the  rights 
and  privileges  with  respect  to  the  manner  of  his  trial  which  he 
would  be  entitled  to  if  he  were  indicted  for  a  crime  of  which  the  pun- 
ishment is  or  shall  be  death. 

Sec.  37.  And  be  it  further  enacted,  That  whenever  any  person 
shall  be  convicted  of  stealing  any  money,  goods  or  chattels  or  any 
bank  bill,  or  note  bill  of  exchange,  promissory  note  or  any  draft 
or  order  for  money,  goods  or  chattels,  or  of  receiving  or  concealing 
any  such  money,  goods  or  chattels,  bank  bill  or  note,  bill  of  ex- 
change or  promissory  note  or  draft  or  order  for  money,  goods  or 
chattels  knowing  the  same  to  have  been  stolen,  such  convict  shall 
be  liable  to  pay  the  value  of  such  money  goods  chattels  or  other 
property  to  the  owner  or  owners  thereof,  deducting  the  value  of 
such  parts  thereof  as  may  be  returned  or  restored;  and  the  said 
owner  or  owners  upon  such  conviction  shall  have  judgment  there- 
for against  such  convict  and  may  have  execution  thereon  in  common 
form;  and  if  any  convict  be  committed  to  Gaol  by  virtue  of  any 
writ  of  execution  issued  on  such  judgment,  he  shall  have  the  same 
ease  and  relief  as  if  said  execution  had  issued  on  a  judgment  recov- 
ered in  an  action  of  trespass: — Provided  that  nothing  in  this  section 
contained  shall  be  construed   to  extend  to  any  case  where  such 


LAWS  OF   NEW   HAMPSHIRE  855 

owner  or  owners  may  have  the  right  to  recover  three  fold  the  value 
of  the  property  stolen,  or  to  have  satisfaction  therefor  by  service, 
unless  such  owner  or  owners  shall  waive  the  right  to  three  fold 
damages  and  satisfaction  by  service. 

Sec.  38.  And  be  it  further  enacted.  That  every  justice  of  the 
peace  within  his  county  be  and  is  hereby  authorised,  hear  and  deter- 
mine complaints  for  stealing  and  receiving  or  concealing  stolen 
money,  goods  or  other  articles  in  cases  where  the  value  of  the  prop- 
erty stolen,  received  or  concealed  does  not  exceed  the  sum  of  ten 
Dollars,  may  punish  such  offender  by  fine  not  exceeding  ten  Dollars 
for  the  use  of  such  county  or  by  imprisonment  in  the  common 
gaoi  not  exceeding  thirty  days:  and  shall  further  sentence  and 
order  such  offender  to  pay  treble  the  value  of  the  money,  goods  or 
other  articles  stolen,  received  or  concealed  as  aforesaid  to  the  owner 
thereof,  and  to  pay  all  the  costs  of  prosecution. 

Sec.  39.  And  be  it  further  enacted,  That  whenever  any  person 
shall  be  convicted  of  any  crim?  for  which  he  shall  be  sentenced  to 
solitary  imprisonment  or  confinement  to  hard  labour,  judgment 
shall  be  rendered  against  such  convict  for  costs  of  prosecution, 
and  execution  may  thereupon  issue  against  the  goods,  chattels,  or 
lands  of  such  convict. 

Sec.  40.  And  be  it  further  enacted,  That  whenever  any  convict 
shall  be  sentenced  to  solitary  imprisonment  for  a  certain  term,  and 
to  confinement  to  hard  labour,  such  convict  shall  undergo  the  full 
term  of  solitary  imprisonment  to  which  he  shall  be  sentenced  imme- 
diately after  his  commitment  to  the  state  prison,  unless  the  directors 
of  said  prison  shall  be  of  opinion  that  the  suffering  the  whole  term  of 
such  solitary  imprisonment  at  one  time  will  endanger  the  life  of 
such  convict  in  which  case  the  said  directors  may  order  the  same 
to  be  inflicted  at  such  intervals  as  they  shall  deem  proper,  which 
order  shall  be  obeyed  by  the  warden  of  said  prison. 

Sec.  41.  And  be  it  further  enacted,  That  in  every  case  of  a  con- 
viction of  larceny,  or  of  receiving  or  concealing  stolen  money,  goods 
or  chattels,  or  other  property  knowing  the  same  to  be  stolen,  or  of 
making  uttering  or  passing  counterfeit  coin  or  bank-bills,  the  court 
before  whom  the  conviction  may  be,  shall  have  authority,  at  their 
discretion,  to  allow  the  prosecutor  a  meet  recompence,  not  exceed- 
ing his  actual  expence,  with  a  reasonable  allowance  for  his  time 
and  trouble,  in  such  prosecution,  to  be  paid  out  of  the  treasury  of 
the  county  where  the  conviction  is  had;  but  this  provision  shall  not 
be  construed  to  disqualify  such  prosecutor  as  a  witness  in  such  pros- 
ecution. 

Sec.  42.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  for  the  punishment  of  certain  crimes"  passed  the  8th  day  of 
February  1791;  the  act  entitled  "an  act  for  the  punishment  of  cer- 
tain crimes  not  capital"  passed  the  16th  day  of  February  1791;  the 
act  entitled  "an  act  for  the  punishment  of  certain  crimes  by  solitary 


856  LAWS  OF   NEW   HAMPSHIRE 

imprisonment  and  confinement  to  hard  labour"  passed  the  19th. 
day  of  June  1812;  the  act  entitled  uan  act  in  addition  to  an  act, 
entitled  an  act  for  the  punishment  of  certain  crimes  by  solitary 
imprisonment  and  confinement  to  hard  labour  passed  June  nine- 
teenth, one  thousand  eight  hundred  &  twelve"  passed  the  18th  day 
of  December  1812 ;  be  and  the  same  hereby  are  repealed  Provided 
that  the  said  acts  and  every  part  of  them  shall  be  and  remain  in 
force  for  the  cognizance,  trial  and  punishment  of  all  such  crimes 
and  offences  as  are  therein  mentioned,  which  have  been  committed 
before  the  passing  of  this  act  and  all  proceedings  thereon  arising, 
this  repeal  notwithstanding;  Provided  also  that  this  repeal  shall  not 
be  construed  to  revive  any  acts  or  parts  of  acts  heretofore  repealed 
by  virtue  of  any  act  hereby  repealed. 


[CHAPTER  92.] 

State  of  \ 

New  Hampshire.  \ 

An  act  for  the  punishment  of  lewdness,  Adultery  polygamy, 
and  fornication. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  293.  Session  Laws,  1828, 
Chap.  92.  Laws,  1830  ed.,  p.  147.  This  act  repeals  the  act  of  February  15, 
1791,  Laws  of  New  Hampshire,  vol.  5,  p.  706.  Repealed  by  act  of  December 
23,  1842.    See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That,  if  any  man  and  woman, 
the  woman  being  the  wife  of  another  man,  shall  knowingly  and 
wilfully  be  in  bed  with  each  other;  or  if  any  man  and  woman,  one 
or  both  of  whom  are  married,  and  not  to  each  other,  shall  lewdly 
and  lasciviously  associate  and  cohabit  together;  or  if  any  man  or 
woman  married  or  unmarried,  shall  be  guilty  of  open  gross  lewdness 
and  lascivious  behavior;  the  person  or  persons  offending  in  any 
manner  as  aforesaid,  shall  be  punished  by  imprisonment  in  the  com- 
mon jail,  not  exceeding  six  months;  by  a  fine  not  exceeding  two 
hundred  dollars;  and  may  be  holden  to  recognize  with  sureties,  to 
be  of  good  behavior  for  a  term  not  exceeding  three  years;  or  by 
one  or  more  of  said  punishments,  at  the  discretion  of  the  Court 
before  whom  the  conviction,  shall  be. 

Section  2.  And  be  it  further  enacted,  That  if  any  person  shall 
commit  the  crime  of  adultery,  such  person  shall  be  punished  by  im- 
prisonment in  the  common  jail  not  exceeding  one  year;  by  a  fine 
not  exceeding  four  hundred  dollars;  and  may  be  holden  to  recog- 
nize, with  sureties,  to  be  of  good  behavior  for  a  term  not  exceed- 
ing five  years;  or  by  one  or  more  of  said  punishments,  at  the  discre- 
tion of  the  Court  before  whom  the  conviction  shall  be. 


LAWS   OF   NEW   HAMPSHIRE  857 

Section  3.  And  be  it  further  enacted,  That  if  any  person,  having 
a  husband  or  wife  alive,  shall  marry  any  other  person;  or  being  so 
married,  shall  live  with  such  other  person;  such  person,  so  offend- 
ing shall  be  punished  by  imprisonment  in  the  Common  jail  not  ex- 
ceeding two  years;  by  a  fine  not  exceeding  four  hundred  Dollars; 
and  may  be  holden  to  recognize,  with  sureties,  to  be  of  good  be- 
havior for  a  term  not  exceeding  five  years;  or  by  one  or  more  of 
said  punishments,  at  the  discretion  of  the  Court  before  whom  the 
conviction  shall  be;  Provided,  That  nothing  herein  contained  shall 
be  construed  to  extend  to  any  person  whose  husband  or  wife  shall 
be  absent  for  the  space  of  three  years  together,  the  person  so  absent, 
not  being  heard  of  during  that  time;  or  to  any  person  whose  husband 
or  wife  shall  be  absent,  and  information  shall  be  given,  and  gener- 
ally believed,  that  the  party  absent  is  dead;  or  to  any  person  legally 
divorced  from  the  former  husband  or  wife,  at  the  time  of  such  after 
marriage ;  or  to  any  person  by  reason  of  any  former  marriage  made 
within  the  age  of  consent,  that  is,  the  woman  being  under  twelve,  or 
the  man  under  fourteen  years  of  age. 

Section  4.  And  be  it  further  enacted,  That  if  any  person  shall 
commit  the  crime  of  fornication,  such  person  shall  be  punished  by 
fine  not  exceeding  fifty  dollars,  or  by  imprisonment  in  the  common 
jail  not  exceeding  six  months;  Provided,  That  no  person  shall  be 
convicted  of  such  offence  solely  on  the  testimony  of  a  partner  in  the 
crime. 

Section  5.  And  be  it  further  enacted,  That  the  act,  entitled, 
"An  act  for  the  punishment  of  lewdness,  adultery,  and  polygamy" 
passed  the  15th  day  of  February,  1791,  be,  and  is  hereby  repealed: 
Provided,  That  the  said  act  shall  be  and  remain  in  force  for  the  cog- 
nizance, trial  and  punishment,  of  all  such  crimes  and  offences 
as  are  therein  mentioned,  which  have  been  committed  before  the 
passing  of  this  act,  and  all  proceedings  thereon  arising. 


[CHAPTER  93.] 


State  of  ) 

New  Hampshire.  \ 


An  act  regulating  process  in  certain  cases, 

LApproved  January  2,  1829.  Acts,  vol.  26,  p.  297.  Session  Laws,  1828, 
Chap.  93.  Laws,  1830  ed.,  p.  152.  Partly  repealed  by  act  of  January  13, 
1837,  Session  Laws,  1836,  November  session,  Chap.  278.  Wholly  repealed 
by  act  of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  court  convened,  That  when  process  shall  have 
issued  in  any  other  of  the  United  States,  against  any  person  for  a 
crime  alleged  to  have  been  committed  in  such  state,  and  the  person 


858  LAWS  OF   NEW   HAMPSHIRE 

against  whom  the  process  issued,  shall  have  made  his  escape  into 
this  State,  any  Justice  of  the  Peace  in  this  State,  on  application 
made  to  him,  and  on  sufficient  proof  that  such  process  issued  from 
lawful  authority,  shall  issue  his  warrant  directed  to  all  proper  offi- 
cers in  the  County  for  which  such  Justice  is  commissioned,  or  to 
any  person  by  name,  who  shall  be  under  oath  to  the  faithful  execu- 
tion thereof,  requiring  the  person  or  persons  to  whom  the  same 
warrant  may  be  directed,  to  apprehend  the  said  offender,  if  he  may 
be  found  in  such  County,  and  bring  him  before  some  Justice  of  the 
Peace  for  such  County,  and  the  Justice  before  whom  the  same  war- 
rant may  be  returned,  may  if  he  shall  think  proper  on  examination, 
send  such  offender  by  warrant,  to  the  line  of  this  State  next  to  the 
State  in  which  the  original  process  issued  that  he  may  be  delivered 
to  some  proper  officer  there  ready  to  receive  him,  and  convey  him 
to  the  place  where  the  offence  may  be  alleged  to  have  been  com- 
mitted; and  the  Sheriffs  of  the  respective  Counties  in  this  State, 
and  all  other  persons  to  whom  such  warrant  may  be  lawfully  di- 
rected, are  jiereby  required  to  obey  and  execute  the  same. 

Section  2.  And  be  it  further  enacted,  That  where  any  offender 
shall  be  apprehended  in  any  neighboring  State,  and  it  may  be  neces- 
sary to  carry  him  through  this  State,  in  order  that  he  may  be  con- 
veyed to  the  place  where  the  offence  was  committed,  it  shall  be  the 
duty  of  any  Justice  of  the  Peace  in  this  State,  on  application  made 
to  him,  and  proof  that  lawful  process  hath  issued  against  such 
offender,  by  warrant  under  his  hand  and  seal,  directed  to  the  Sheriffs 
in  such  counties  through  which  it  may  be  necessary  to  convey  such 
offender,  or  to  other  proper  officers  in  such  Counties,  or  to  any  other 
person  by  name  who  shall  be  under  oath  to  the  faithful  execution 
thereof,  to  cause  such  offender  to  be  conveyed  to  the  line  of  this 
State  next  to  the  State  where  the  offence  was  committed,  there  to 
be  delivered  to  some  proper  officer  ready  to  receive  him;  and  the 
several  persons  to  whom  such  warrant  may  be  lawfully  directed  as 
aforesaid  are  hereby  required  to  obey  and  execute  the  same. 

Section  3  And  be  it  further  enacted,  That  the  Sheriffs',  deputy 
Sheriffs,  constables  or  other  officers  of  Justice  of  any  neighboring 
government,  with  their  assistants  on  the  execution  of  any  lawful 
process,  issuing  from  or  returnable  to  Courts  in  their  respective 
States,  may  and  shall  have  full  liberty,  power  and  authority  to  pass 
and  repass,  and  also  to  convey  such  persons  or  things  as  they  may 
have  in  their  custody  by  virtue  of  any  such  lawful  process  as  afore- 
said, in  or  by  any  of  the  roads  or  ways  lying  in,  or  leading  through 
any  towns  or  lands  in  this  State,  in  as  full,  free  and  ample  a  manner, 
as  the  officers  of  justice  in  this  State  do  or  lawfully  may  use  and 
exercise  in  the  discharge  of  the  duties  of  their  respective  offices. 

And  any  person  insulting  or  obstructing  such  officer  so  passing 
through  any  part  of  this  State  in  such  execution  of  his  office  as  afore- 
said, shall  be  liable  to  the  same  punishment  as  by  law  may  be 


LAWS   OF   NEW   HAMPSHIRE  859 

inflicted  on  persons  insulting  or  obstructing  similar  officers  of  this 
State,  in  the  execution  of  their  offices  in  similar  cases. 

Section  4.  And  be  it  further  enacted,  That  when  any  Justice  of 
the  Peace  in  any  County  in  this  State  shall  issue  his  warrant  against 
any  person  for  an  offence  committed  in  such  County,  and  the  of- 
fender escape  into  any  other  County  in  this  State,  any  Justice  of  the 
Peace  in  any  County  in  this  State  where  such  offender  may  be  found, 
on  application  made  to  him,  and  proof  of  such  process  having  issued 
from  lawful  authority,  shall  issue  his  warrant  directed  to  all  proper 
officers  in  his  County,  requiring  them  to  apprehend  the  said  offender 
and  convey  him  to  the  line  of  the  County  where  the  offence  is  al- 
leged to  have  been  committed,  if  an  adjoining  County,  and  there 
deliver  him  to  some  proper  officer;  and  if  there  be  any  County  in- 
tervening, the  same  process  may  be  repeated  until  the  offender  be 
conveyed  and  delivered  to  some  proper  officer  in  the  County  where 
the  offence  is  alleged  to  have  been  committed. 

Section  5.  And  be  it  further  enacted,  That  any  justice  through- 
out this  State,  may  issue  a  warrant  for  apprehending  any  criminal 
offender  in  any  County  in  this  State,  and  the  said  warrant  may  be 
directed  to  the  Sheriff  or  his  deputy  of  any  County  in  this  State  or 
other  proper  officer  or  person  who  shall  be  under  oath  to  the  faith- 
ful execution  thereof;  and  the  said  warrant  shall  be  obeyed  and 
executed  by  the  person,  to  whom  it  may  be  lawfully  directed  ac- 
cording to  the  precept  thereof. 

Section  6.  And  be  it  further  enacted,  That  when  a  certificate 
shall  issue  from  the  Clerk  of  any  Judicial  Court  in  any  other  of  the 
United  States  certifying  that  there  is  a  criminal  cause  pending  in 
such  Court,  and  that  a  person  or  persons  residing  in  this  State,  is 
supposed  to  be  a  material  witness  in  such  cause  either  in  behalf  of 
such  State  or  the  person  accused,  any  Justice  of  the  Peace  in  the 
County  where  such  necessary  witness  may  reside  on  application 
made  to  him  shall  on  the  back  of  such  certificate,  or  paper  annexed 
thereto  issue  a  summons  requiring  such  witness  to  appear  and 
testify  at  the  Court  where  such  cause  may  be  pending,  and  if  any 
person  so  summoned  and  having  tendered  unto  him  a  sum  equal  to 
twelve  cents  for  every  mile's  travel  from  the  place  of  such  witnesses 
abode,  to  the  court  where  the  trial  may  be,  and  one  dollar  and  fifty 
cents  at  the  end  of  every  day  for  such  witnesses  attendance  at  the 
place  of  trial,  and  such  witness  having  no  reasonable  excuse  to  the 
contrary  shall  neglect  to  appear  and  attend  said  Court  and  testify 
as  aforesaid;  every  such  person  so  neglecting  and  refusing,  shall 
forfeit  and  pay  the  sum  of  three  hundred  Dollars  to  any  person, 
whether  an  inhabitant  of  this  State  or  not,  who  shall  sue  for  the 
same  in  this  State. 


860  LAWS    OF    NEW    HAMPSHIRE 

[CHAPTER  94.] 

State  oj  \ 

New  Hampshire.  \ 

An  Act  regulating  process  and  trials  in  civil  causes. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  305.  Session  Laws,  1828, 
Chap.  94.  Laws,  1830  ed.,  p.  88.  See  also  acts  of  February  9,  1791,  Laws 
of  New  Hampshire,  vol.  5,  p.  621;  December  11,  1792,  id.,  vol.  6.  p.  58;  Decem- 
ber 13,  1796,  id.,  p.  371;  June  21,  1797,  id.,  p.  407;  November  5,  1813,  id.,  vol. 
8,  p.  273;  June  29,  1825,  ante,  p.  419;  July  7,  1826,  ante,  p.  539,  and  December 
10,  1840,  Session  Laws,  1840,  November  session,  Chap.  562.  Repealed  by 
act  of  December  23,  1842.     'See  Revised  Statutes  (1842),  Chap  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  all  writs  and  processes  issuing  from 
the  Superior  Court  of  Judicature  and  Court  of  common  pleas  shall 
be  in  the  name  of  the  State  of  New  Hampshire,  shall  be  under  the 
seal  of  the  court  whence  they  issue  shall  bear  teste  of  the  first  Jus- 
tice of  the  Court  who  is  not  a  party  and  be  signed  by  the  clerk  of 
such  court:  and  may  be  directed  to  the  sheriff  or  his  deputy  of  any 
county  in  the  state,  and  shall  have  force  in  any  county  and  be 
obeyed  and  executed  by  any  officer  to  whom  the  same  shall  be 
lawfully  directed.  And  all  original  process  in  either  of  the  courts 
aforesaid  shall  be  summons  or  attachment  and  shall  be  made  out  in 
the  forms  by  law  prescribed ;  and  in  civil  causes  shall  be  served  and 
executed  fifteen  days  before  the  sitting  of  the  court  to  which  such 
process  is  returnable  and  shall  be  by  the  officer  who  executed  the 
same  returned  to  the  court  whence  it  issued  agreeably  to  the  com- 
mand therein  given.  And  all  writs  issuing  from  any  Justice  of  the 
Peace  shall  be  in  the  form  by  law  prescribed,  shall  be  under  seal 
signed  by  the  Justice,  and  may  be  directed  to  the  sheriff,  or  his 
deputy  of  the  county  for  which  such  Justice  is  commissioned  or 
to  any  of  the  constables  of  any  town  in  the  same  county. 

Provided  that  no  person  shall  be  liable  to  be  arrested  and  im- 
prisoned on  any  writ,  mesne  process  or  execution  in  any  action 
founded  on  a  contract  made  after  the  first  day  of  January  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  nineteen  unless 
the  debt  or  damage  for  the  recovery  of  which  such  action  may  be 
brought  shall  exceed  the  sum  of  thirteen  dollars  and  thirty  three 
cents.  And  in  such  cases  the  writ  process  or  execution,  shall  not  run 
against  the  body  of  the  debtor,  but  shall  be  in  all  other  respects 
according  to  the  forms  established  by  law. 

Section  2.  And  be  it  further  enacted  that  all  writs  summonses 
declarations  processes,  indictments,  answers,  replications  and  en- 
tries in  the  courts  of  Justice,  and  before  Justices  of  the  Peace  in 
this  state  shall  be  in  the  English  tongue  and  no  other. 

Section  3.     And  be   it   further  enacted   that  no  summons  writ 


LAWS   OF   NEW  HAMPSHIRE  86 1 

declaration  return,  process  judgement  or  other  proceeding  in  the 
courts  or  course  of  Justice  shall  be  abated,  quashed  or  reversed  for 
any  kind  of  circumstantial  errors  or  mistakes,  or  for  any  errors  or 
mistakes  where  the  person  or  case  may  be  rightly  understood  and 
intended  by  the  court  nor  through  defect  or  want  of  form  only. 
And  Justices  of  the  Peace  and  the  Justices  of  the  Superior  Court, 
and  of  the  court  of  common  Pleas  are  respectively  empowered  on 
motion  made  to  order  amendment  in  any  of  the  cases  aforesaid. 

Section  4.  And  be  it  further  enacted  that  all  personal  or  tran- 
sitory actions  where  both  parties  are  inhabitants  of  this  state  may 
be  commenced  in  the  county  where  either  of  the  parties  to  the  writ 
may  be  an  inhabitant  and  not  elsewhere. 

Section  5.  And  be  it  further  enacted  that  in  all  actions  now 
pending  or  that  may  be  hereafter  pending  in  any  court  in  this  state 
where  the  defence  intended  to  be  set  up  by  the  defendant  is  or  may 
be  that  he  was,  a  Justice  of  the  Peace,  sheriff  Deputy  sheriff  coroner, 
town  or  parish  officer  or  some  other  officer  civil  or  military,  and 
that  the  act  or  thing  for  which  he  is  or  may  be  sued,  is  an  act  or 
thing  done  by  him  in  the  execution  of  his  office,  the  defendant  may 
plead  the  general  issue  and  give  the  special  matter  in  evidence  upon 
filing  in  the  cause  a  brief  statement  of  such  special  matter  of  defence 
within  such  time  as  the  court  shall  order,  of  which  statement  the 
plaintiff  shall  be  entitled  to  a  copy. 

Section  6.  And  be  it  further  enacted  that  every  action  tried  in 
the  superior  court  of  Judicature  and  all  actions  tried  in  the  court  of 
common  pleas  of  which  that  court  has  final  jurisdiction  may  be 
reviewed.  And  the  party  bringing  such  action  of  review  shall  pro- 
duce in  court  attested  copies  of  the  writ,  judgement  and  all  papers 
used  and  filed  at  the  former  trial.  And  either  party  may  offer  any 
new  or  further  evidence;  and  the  cause  shall  be  tried  in  the  same 
manner  as  if  no. judgement  had  been  given  therein;  and  the  former 
judgement  may  be  reversed  wholly  or  in  part;  and  greater  damages, 
or  less,  or  no  damages  may  be  given  as  the  merits  of  the  cause  upon 
the  law  and  the  evidence  shall  appear  to  require  in  the  same  man- 
ner as  if  both  parties  had  brought  their  several  writs  of  review,  And 
such  actions  shall  be  tried  on  the  pleas  made  upon  the  former  trial 
upon  record. 

Provided  that  no  action  of  review  shall  be  brought  after  the  expi- 
ration of  one  year  from  the  time  of  rendering  the  judgement  to  be 
reviewed,  saving  unto  any  infant,  feme  covert,  person  non  compos 
mentis,  in  captivity  or  out  of  the  United  States  of  america  the  right 
of  such  review  any  time  within  one  year  after  such  disability  shall 
be  removed.  Provided  further  that  no  action  of  review  shall  be 
brought  where  by  any  particular  statute  in  any  particular  case  the 
liberty  of  review  shall  be  expressly  taken  away.  Provided  also  that 
in  any  action  of  review  pending  in  any  court  in  this  state  the  Jus- 
tices thereof  shall  have  power  to  order  any  amendment  of  the  origi- 


862  LAWS  OF   NEW  HAMPSHIRE 

nal  writ  record  or  proceedings  in  any  part  thereof  upon  such  terms 
and  conditions  as  they  may  consider  just  and  reasonable.  And  exe- 
cution shall  not  be  stayed  by  reason  of  any  process  of  review. 

Section  7.  And  be  it  further  enacted  that  when  any  party  shall 
be  desirous  of  reviewing  any  action  and  the  other  party  shall  not  be 
an  inhabitant  of  this  state,  the  writ  may  be  served  upon  the  agent  or 
attorney  who  endorsed  the  original  writ  if  such  absent  party  was 
originally  plaintiff  or  in  case  such  party  was  originally  defendant, 
then  on  the  attorney  who  appeared  for  the  defendant  at  the  trial 
where  the  judgement  reviewed  was  rendered  or  shall  cause  a  copy 
of  the  writ  of  review  to  be  served  on  the  adverse  party:  although 
out  of  the  state  and  affidavit  thereof  to  be  made.  And  in  cases  where 
personal  notice  is  not  given  the  court  may  continue  the  cause  one 
or  more  terms  in  order  that  the  absent  party  may  have  notice  of  the 
writ.  And  such  writ  of  review  shall  be  served  by  reading  the  same 
to  the  party  or  to  the  agent  or  attorney  as  aforesaid  or  by  leaving 
an  attested  copy  as  in  other  cases  whether  there  be  one  or  more 
plaintiffs  or  defendants. 

Section  8.  And  be  it  further  enacted  that  if  any  person  shall 
cause  process  to  be  served  upon  another  for  any  matter  or  cause  and 
shall  neglect  to  enter  his  said  process  before  the  Justice  or  at  the 
court  to  which  the  same  is  returnable  according  to  law;  the  said 
Justice  and  the  several  courts  of  Judicature  are  respectively  em- 
powered upon  complaint  to  tax  costs  for  the  defendant  and  to  issue 
execution  therefor;  and  if  the  plaintiff  after  entry  of  his  action  shall 
become  nonsuit  the  defendant  shall  be  allowed  his  reasonable  costs. 

Section  9.  And  be  it  further  enacted  that  when  any  defendant 
shall  be  duly  served  with  process  and  return  thereof  shall  be  made 
unto  the  justice  or  unto  the  court,  to  which  the  same  is  returnable 
and  such  defendant  shall  not  appear  by  himself  or  his  attorney,  his 
default  shall  be  recorded  and  the  charge  in  the  declaration  shall 
be  taken  and  deemed  to  be  true  and  the  Justice  and  the  courts  re- 
spectively shall  thereupon  give  judgement  for  such  damages  as 
they  shall  find  upon  enquiry  that  the  plaintiff  hath  sustained,  pro- 
vided nevertheless  that  if  the  defendant  shall  after  such  default  is 
recorded  and  before  the  jury  attending  the  same  court  when  and 
where  such  default  was  made  shall  have  been  dismissed  or  in  case 
such  default  be  made  before  any  justice  of  the  peace,  then  before 
the  justice,  the  plaintiff  and  his  witnesses  shall  have  dispersed  come 
into  court  and  request  that  the  default  may  be  taken  off  and  that 
he  may  have  his  day  in  court  the  same  shall  be  granted  unto  him 
upon  his  paying  to  the  adverse  party,  the  cost  that  then  shall  have 
arisen  or  so  much  thereof  as  the  court  or  justice  shall  judge  reason- 
able. 

Section  10.  And  be  it  further  enacted  that  all  original  writs 
issuing  out  of  the  superior  court  of  judicature  or  the  court  of  com- 
mon pleas  shall  before  they  are  served,  be  endorsed  on  the  back 


LAWS  OF   NEW   HAMPSHIRE  863 

thereof  by  and  with  the  name  of  the  plaintiff  if  he  be  an  inhabitant 
of  this  state  or  in  like  manner  by  his  agent  or  attorney  being  an  in- 
habitant of  this  state  and  when  the  plaintiff  is  not  an  inhabitant 
of  this  state  then  the  writ  shall  be  endorsed  in  the  manner  aforesaid 
by  some  responsible  person  who  is  an  inhabitant  of  this  state;  and 
the  plaintiff's  agent  or  attorney  who  shall  so  endorse  his  name  as 
aforesaid  shall  be  liable  in  case  of  the  plaintiffs  living  out  of  the 
state  or  upon  the  neglect  inability  or  avoidance  of  the  plaintiff  and 
return  of  non  est  inventus  or  that  such  execution  as  may  have  issued 
against  the  plaintiff  is  unsatisfied  to  pay  to  the  defendant  all  such 
costs  as  he  shall  recover  where  the  plaintiff  shall  not  support  his 
action  on  scire  facias  to  be  brought  against  such  endorser.  Provided 
such  scire  facias  shall  be  served  upon  the  endorser  previously  to 
the  second  term  of  the  court  after  entering  up  final  judgement 
against  the  plaintiff  and  not  afterwards 

Section  n.  And  be  it  further  enacted,  that  all  writs  of  sum- 
mons, scire  facias,  and  writs  of  dower  shall  be  served  by  reading 
the  same  to  the  defendant  or  by  leaving  an  attested  copy  thereof 
with  a  copy  of  the  return  endorsed  thereon  at  the  last  and  usual 
place  of  such  defendants  abode;  and  a  copy  of  the  writ  of  dower 
shall  also  be  left  with  the  tenant  or  occupant  of  the  land  whereof 
dower  is  demanded.  And  when  the  goods  or  estate  of  any  person 
shall  be  attached  at  the  suit  of  another  in  any  civil  action  a  summons 
in  form  of  law  as  is  prescribed  shall  be  delivered  to  the  party 
whose  goods  or  estate  are  attached  or  left  at  his  or  her  dwelling 
house  or  last  and  usual  place  of  abode  fifteen  days  before  the  day 
of  the  sitting  of  the  court  to  which  such  writ  of  attachment  is  re- 
turnable; and  all  such  summonses  shall  set  forth  the  sum  in  the 
note  or  bond  declared  on  with  the  endorsements  thereon  with  the 
dates  thereof  the  amount  of  the  account  annexed  to  the  writ  or  de- 
clared on,  in  covenant  what  sum  in  damages  is  demanded  and  for 
what  and  in  all  cases  shall  briefly  give  the  same  information  to  the 
defendant  which  the  declaration  gives  more  at  large  and  shall  con- 
tain the  substance  thereof  and  the  officer  serving  or  leaving  such 
summons  shall  also  endorse  his  name  before  he  leaves  it  on  the  back 
thereof,  otherwise  the  writ  shall  abate. 

Section  12.  And  be  it  further  enacted  that  in  case  the  defend- 
ant at  the  time  of  the  service  of  any  writ  be  not  an  inhabitant  or 
resident  in  this  state  and  the  writ  be  not  served  on  him  in  person, 
but  his  goods  or  estate  within  this  state  are  attached  then  an 
attested  copy  of  the  writ  and  a  particular  description  of  the  lands 
or  goods  attached  thereby  shall  be  given  to  the  defendant  or  left 
at  his  last  and  usual  place  of  abode:  and  the  giving  or  leaving  of 
such  copy  shall  be  certified  by  the  officer  who  made  the  attachment 
or  by  some  proper  officer  to  execute  the  same  in  the  state  where  the 
defendant  lives,  or  by  some  other  person  and  affidavit  thereof  made: 
or  such  copy  may  be  left  with  the  defendant's  agent  lawfully  author- 


864  LAWS   OF   NEW  HAMPSHIRE 

ized  to  appear  for  him  or  with  the  defendant's  tenant  living  on  or 
near  the  land  attached 

Section  13.  And  be  it  further  enacted  that  when  a  suit  shall  be 
brought  against  a  person  who  is  not  an  inhabitant  or  resident  in  this 
state  and  no  personal  service  be  made  on  the  defendant:  or  when  the 
person  against  whom  any  suit  is  brought  shall  be  absent  from  this 
state  at  the  time  of  commencing  such  suit  and  shall  not  have  re- 
turned at  the  time  appointed  for  the  trial,  the  Justices  of  the 
court  before  whom  such  suit  is,  shall  continue  the  action  to  the 
next  term,  and  if  the  defendant  do  not  appear  at  the  next  term  by 
himself  or  attorney,  the  court  shall  further  continue  the  action 
to  the  next  term  unless  the  plaintiff  shall  produce  evidence  suffi- 
cient to  satisfy  the  court  that  the  defendant  has  had  notice  of  the 
suit  or  process,  a  sufficient  time  before  such  term  to  have 
appeared  at  such  court;  and  in  all  such  cases  where  judgement  is 
entered  up  by  default  after  two  continuances,  as  aforesaid  and  no 
notice  proved  as  aforesaid,  the  proof  of  which  notice  shall  always 
be  in  writing  and  filed  in  the  cause,  execution  or  writ  of  seizin 
shall  not  issue  until  the  plaintiff  or  demandant  shall  have  given 
bond  with  sufficient  surety  in  double  the  value  of  the  estate  or 
sum  recovered  by  such  judgement  to  respond  the  judgement  that 
may  be  rendered  on  action  of  review  brought  to  reverse  such  original 
judgement  which  action  may  be  brought  by  the  defendant  at  any 
time  within  one  year  next  after  rendering  such  original  judgement 
and  such  plaintiff  in  review  may  have  the  benefit  of  all  pleas  and 
advantages,  that  he  might  have  had,  if  he  had  appeared  and  pleaded 
to  the  original  suit.  Provided  always  that  if  the  plaintiff  in  such 
original  suit  shall  consent  to  have  the  suit  continued  from  term 
to  term,  six  terms  from  the  commencement  without  any  costs  after 
the  second  term  except  the  clerks  fees,  he  shall  not  be  obliged  to 
give  any  bond,  and  the  defendant  shall  not  be  entitled  to  any  re- 
view 

Section  14.  And  be  it  further  enacted  that  in  any  action  now 
commenced  or  which  may  hereafter  be  commenced  against  any  per- 
son who  is  not  an  inhabitant  or  resident  in  this  state,  or  against  any 
person  whose  residence  shall  not  be  known  to  the  officer  serving 
the  writ  and  the  goods  or  estate  of  the  defendant  within  this  state 
shall  be  attached  but  no  personal  service  be  made  on  the  defendant, 
the  justices  of  the  court  before  whom  such  writ  shall  be  pending 
on  suggestion  thereof  shall  order  the  said  action  to  be  continued 
to  the  next  term  of  said  court,  and  may  order  notice  to  be  given 
of  the  pendency  of  such  suit  by  publication  of  a  notice  in  such 
form  as  the  said  court  may  order  in  such  newspaper  or  newspapers 
printed  within  this  state,  and  for  such  period  of  time  not  less  than 
thirty  days,  as  the  court  may  direct,  the  last  publication  thereof 
to  be  at  least  thirty  days  prior  to  the  term  of  said  court  to  which 
said    action    shall    be    continued;     and    the    said    court    may,    if 


LAWS  OF  NEW  HAMPSHIRE  865 

they  think  proper,  order  a  like  notice  to  be  published  in  some 
newspaper  printed  without  this  state,  and  the  publication,  so  or- 
dered, sufficient  evidence  thereof  being  produced  to  the  satisfac- 
tion of  said  court,  shall  be  deemed  and  taken  to  be  sufficient  notice 
to  the  defendant  of  such  suit.  And  in  case  the  defendant  being  so 
notified  shall  not  appear  by  himself  or  attorney  at  the  term  of  said 
court  to  which  said  action  may  be  continued,  judgement  shall  be 
entered  against  him  by  default,  and  such  judgement  shall  be  as  valid 
and  effectual  to  all  intents  and  purposes,  as  it  would  be,  in  case  the 
defendant  had  personal  notice  of  such  suit. 

Section  15.  And  be  it  further  enacted  that  in  any  action  com- 
menced before  a  Justice  of  the  Peace  against  any  person  by  attach- 
ment of  his  goods  or  chattels,  if  no  personal  service  be  made  upon 
the  defendant  by  reason  that  his  place  of  abode  shall  not  be  known 
to  the  officer  serving  said  writ,  the  justice,  before  whom  said  suit 
shall  be  pending,  such  fact  appearing  by  the  officers  return  shall 
order  such  action  to  be  continued  for  a  term  not  less  than  sixty 
days  nor  more  than  ninety  days:  and  shall  order  notice  to  be  given 
of  the  pendency  of  such  suit  by  posting  up  a  notification  thereof 
in  two  public  places  in  the  town  where  the  defendant  was  last 
known  to  be  an  inhabitant  or  resident  in  this  state  forty  days 
at  least  before  the  day  to  which  said  action  shall  be  continued. 
And  if  the  defendant  shall  not  appear  before  said  justice  at  the 
time  and  place  to  which  said  action  shall  be  continued  and  no  sat- 
isfactory evidence  being  furnished  to  said  Justice  that  said  de- 
fendant has  had  notice  of  said  suit,  said  justice  shall  order  said 
action  to  be  further  continued  for  a  time  not  less  than  thirty  days 
nor  more  than  forty  days.  And  if  the  defendant  shall  not  appear 
at  the  time  and  place  to  which  the  action  shall  last  be  continued 
and  satisfactory  evidence  being  furnished  that  notice  was  posted 
as  aforesaid,  judgement  shall  be  rendered  against  the  defendant  by 
default;  and  in  all  such  cases  where  judgement  shall  be  rendered 
by  default  after  two  continuances  as  aforesaid  and  no  evidence  fur- 
nished that  the  defendant  has  had  notice  of  the  pendency  of  such 
suit  which  evidence  shall  always  be  in  writing  and  filed  with  the  jus- 
tice execution  shall  not  issue  until  the  plaintiff  shall  give  bond, 
which  shall  be  filed  with  the  justice,  with  sufficient  surety;  in 
double  the  amount  of  the  sum  recovered  by  said  judgement,  to  re- 
spond the  judgement,  that  may  be  recovered  in  an  action  of  review 
which  may  be  commenced  and  prosecuted  by  said  defendant  before 
said  Justice  at  any  time  within  two  years  next  after  the  rendering 
of  such  judgement.  And  such  plaintiff  in  review  may  have  the  ben- 
efit of  all  pleas  and  advantages,  that  he  might  have  had,  if  he  had 
appeared  and  pleaded  to  the  original  suit. 

Section  16.  And  be  it  further  enacted,  that  no  person  impris- 
oned upon  mesne  process,  shall  be  holden  in  prison  by  virtue  of  such 

55 


866  LAWS  OF   NEW  HAMPSHIRE 

process  after  judgement  shall  be  rendered  on  such  process,  on  which 
such  prisoner  may  have  execution  against  the  Plaintiff;  or  above 
the  space  of  thirty  days  next  after  judgement  shall  be  rendered 
thereon,  upon  which  the  creditor  may  have  execution:  nor  shall  the 
prison  keeper  discharge  a  person  committed  on  mesne  process  where 
judgement  shall  be  given  on  such  mesne  process  for  the  plaintiff 
on  which  execution  may  be  taken  out,  until  the  expiration  of  thirty 
days  from  the  time  of  rendering  such  judgement  as  aforesaid;  that 
the  creditor  may  if  he  please  take  his -body  in  execution,  unless 
the  creditor  shall  by  writing  under  his  hand  order  the  prison  keeper 
sooner  to  discharge  such  prisoner.  And  all  goods  or  estate  attached 
to  respond  the  judgement  that  may  be  given  in  any  suit  shall  be  held 
until  the  expiration  of  thirty  days  next  after  the  rendering  of  such 
judgement  on  which  the  plaintiff  may  have  execution,  or  until 
judgement  be  rendered  thereon  for  the  defendant  upon  which  he 
may  have  execution  against  the  plaintiff  to  the  intent  that  the  plain- 
tiff may  levy  his  execution  on  the  same  goods  or  estate  unless  judge- 
ment shall  be  sooner  otherwise  satisfied. 

Section  17.  And  be  it  further  enacted,  that,  in  all  cases  when 
an  appeal  is  claimed  and  allowed,  the  appellant  shall  produce  at  the 
court  to  which  the  appeal  is  claimed  attested  copies  of  the  writ, 
judgement  and  all  other  papers,  used  and  filed  in  the  cause  in  the 
court  below.  And  each  party  on  the  trial  of  an  appeal  shall  be  al- 
lowed the  benefit  of  any  new  and  further  evidence,  and  the  appellant 
shall  pay  the  entry  and  jury  fees  in  the  court  above.  And,  if  any 
such  appellant  shall  neglect  to  enter  his  appeal  at  the  court  above^ 
the  justices  of  the  last  mentioned  court  shall,  on  complaint,  made 
by  the  appellee,  affirm  the  former  judgement  in  whole  or  in  part, 
in  case  the  same  was  on  demurrer,  as  to  them  may  seem  just  and  rea- 
sonable, with  additional  damages  not  exceeding  the  lawful  interest 
and  costs;  and  in  case  the  appellant  shall  not  produce  an  attested 
copy  of  the  case  as  aforesaid,  or  shall  not  before  the  cause  is  com- 
mitted to  the  jury,  secure  the  payment  of  the  Jury  fees,  to  the  sat- 
isfaction of  the  court,  he  shall  become  nonsuit  and  cost  shall  be 
taxed  for  the  appellee. 

Section  18.  And  be  it  further  enacted,  that  the  superior  court 
of  Judicature,  the  court  of  common  pleas  and  Justices  of  the  Peace 
respectively,  be  empowered  to  issue  executions  in  form  by  law  pre- 
scribed on  every  judgement  by  them  respectively  rendered,  where 
no  appeal  is  by  law  allowed  or  where  no  appeal  hath  been  or  can  be 
by  law  claimed  or  granted.  Provided  always  that  no  execution  shall 
in  any  case  issue  until  the  expiration  of  twenty  four  hours  next  after 
rendering  judgement,  nor  then,  unless  the  right  of  appeal  hath 
expired. 

Section  19.  And  be  it  further  enacted,  that  no  judge  shall  sit 
in  the  trial  of  any  cause  or  appeal,  which  he  has  before  tried  in 
the  court  below,  nor  shall  he  be  admitted  as  an  attorney  to  plead 


LAWS  OF   NEW  HAMPSHIRE  867 

or  defend  any  cause,  in  which  he  has  acted  as  a  judge;  nor  shall  any 
man  sit  as  a  judge  in  any  cause,  where  he  has  been  concerned  as  a 
party  or  an  attorney. 

Section  20.  And  be  it  further  enacted,  that  when  on  a  plea  in 
abatement  the  judgement  of  a  Justice  of  the  Peace  or  of  the  court 
of  common  pleas,  shall  be  that  the  writ  abate,  and  an  appeal  shall 
be  claimed  from  the  judgement,  if  the  court  above  shall  reverse  the 
said  judgement,  the  said  last  mentioned  court  shall  order  the  de- 
fendant to  plead  to  the  merits  in  the  same  court  and  proceed  in  the 
cause  to  judgement. 

Section  21.  And  be  it  further  enacted,  that  no  person,  against 
whom  any  real  action  or  any  action  of  ejectment,  or  trespass  and 
ejectment,  shall  be  brought,  shall  be  liable  to  be  arrested  on  mesne 
process  in  such  suit.  And  in  any  such  action,  the  writ  shall 
not  abate  because  all  the  tenants  are  not  named  in  it,  but  those, 
on  whom  the  writ  shall  be  served,  shall  answer  for  such  part  of  the 
premises  demanded  as  he,  she,  or  they,  claim,  and  may  disclaim  as 
to  the  residue.  And  if  any  shall  disclaim  the  whole,  unless  the 
plaintiff  shall  maintain  his  writ  as  to  the  whole  or  a  part  of  the 
demanded  premises,  the  person  so  disclaiming  shall  recover  costs 
against  the  plaintiff. 

Section  22.  And  be  it  further  enacted,  that  in  case  of  the  death 
of  either  party,  appellant  or  appellee,  before  the  sitting  of  the 
court  to  which  the  appeal  is  made,  or  where  any  action  is  or  shall 
be  pending  in  any  court  of  common  pleas,  or  superior  court  of 
Judicature  in  this  state,  and  either  party  die  before  final  judge- 
ment the  action  or  writ  shall  not  thereby  be  abated,  but  the  ex- 
ecutor or  administrator  of  such  deceased  party,  in  case  the  cause 
of  action  does  by  law  survive,  shall  have  full  power  to  prosecute 
or  defend  any  such  suit,  action,  or  appeal,  to  final  judgement  and 
the  defendant  or  defendants  are  hereby  obliged  to  answer  thereto 
accordingly:  and  the  court,  before  whom  such  cause  may,  be,  is 
hereby  empowered  and  directed  to  hear  and  determine  the  same  and 
to  render  judgement  for  or  against  the  executor  or  administrator 
in  the  same  manner,  as  if  the  action  had  been  originally  brought  by 
or  against  such  executor  or  administrator,  and  if  the  executor  or 
administrator  of  a  deceased  party,  having  been  duly  served  with 
a  scire  facias  from  the  office  of  the  clerk  of  the  court  where  the 
suit  is  pending  fifteen  days  before  the  sitting  of  the  court  to 
which  the  same  is  returnable,  shall  neglect  or  refuse  to  become  a 
party  to  the  suit  the  court  may  render  judgement  against  the  estate 
of  the  deceased  party,  in  the  same  manner  as  if  the  executor  or 
administrator  had  voluntarily  made  himself  a  party  to  the  suit. 
And  in  all  cases  where  an  executor  or  administrator  shall  become 
a  party  to  such  suit,  he  shall  on  motion  be  entitled  to  one  contin- 
uance of  course. 

Section  23.     And  be  it  further  enacted,  that  all  actions  of  tres- 


868  LAWS  OF   NEW  HAMPSHIRE 

pass  for  breaking  and  entering  any  close,  or  upon  any  real 
property,  actions  upon  the  case  for  trover  and  conversion,  actions 
of  debt  or  on  the  case  against  any  sheriff  or  his  deputy  for  any 
illegal  doings  or  misconduct  in  office,  actions  of  ejectment  or  tres- 
pass and  ejectment,  and  actions  of  trespass  for  taking  and  carrying 
away  goods  and  chattels,  shall  not  abate  by  reason  of  the 
death  of  either  party,  but  shall  and  may  be  prosecuted  to  final 
judgement  and  execution  and  be  reviewed  in  the  same  manner  as 
other  actions,  the  cause  whereof  does  by  law  survive,  may  be  pros- 
ecuted and  reviewed. 

Section  24.  And  be  it  further  enacted,  that  if  there  be  two  or 
more  plaintiffs  or  defendants,  and  one  or  more  of  them  shall  die, 
if  the  cause  of  action  shall  survive  to  the  surviving  plaintiff  or 
plaintiff's  against  the  surviving  defendant  or  defendants,  the  writ 
or  action  shall  not  thereby  be  abated,  but  such  death  being 
suggested,  upon  the  record  the  action  shall  proceed  at  the  suit  of 
the  surviving  plaintiff  or  plaintiffs  against  the  surviving  defendant 
or  defendants.  And  in  all  cases,  where  any  party  shall  die  and 
the  cause  of  action  by  law  survives,  and  is  prosecuted  by  or  against 
the  executors  or  administrators,  the  attachment  made  on  the 
original  writ  shall  be  and  remain  good  in  the  same  manner  as 
though  such  party  had  not  died. 

Section  25.  And  be  it  further  enacted,  that  when  the  real 
estate  of  any  person  or  persons  in  this  state  shall  be  attached  on 
mesne  process  by  virtue  of  any  writ  or  process,  the  officer  making 
such  attachment  shall  leave  a  true  and  attested  copy  of  such 
writ  or  process  together  with  a  true  and  attested  copy  of  his  re- 
turn thereon  at  the  office  of  the  town  clerk  of  the  town  or  place 
in  which  such  real  estate  lies:  and  the  dwelling  house  of  each 
town  clerk  shall  be  his  office  for  said  purpose:  and  the  attachment 
of  such  real  estate  shall  not  be  deemed  and  considered  as  made, 
until  such  attested  copies  shall  have  been  left  in  manner  aforesaid. 
And  in  case  there  be  no  town  clerks  in  such  town  or  place,  then  the 
officer  making  such  attachment  shall  leave  within  ten  days  after 
such  attachment  shall  have  been  made  a  copy  of  such  writ  or 
process,  and  return  as  before  required  with  the  clerk  of  the  court  of 
common  pleas  in  the  county,  where  such  estate  lies.  And  in  such  case 
the  attachment  shall  not  be  considered  as  made  until  such  attested 
copy  shall  have  been  left  with  the  clerk  in  manner  aforesaid. 
Provided  however  that  the  return  of  the  officer  shall  always  be 
deemed  and  taken  as  sufficient  evidence  that  such  attested  copy  as 
aforesaid  has  been  left  with  the  town  clerk,  or  clerks  of  the  court 
of  common  Pleas,  as  in  this  act  is  required.  And  provided  further, 
that  it  shall  not  be  deemed  necessary  to  the  validity  of  the  attach- 
ment that  the  officer  making  that  attachment  shall  go  on  to  the  land. 

Section  26.  And  be  it  further  enacted,  that  it  shall  be  the  duty 
of  such  town  clerk  or  clerk  of  the  court  of  common  pleas  to  receive 


LAWS  OF   NEW  HAMPSHIRE  869 

such  copies  and  to  minute  thereon  the  time  when  such  copies 
are  received  and  to  keep  the  same  on  file:  for  which  services  he 
shall  be  entitled  to  recieve  of  such  officer  the  sum  of  seventeen 
cents:  and  the  officer  making  such  attachment  and  leaving  such 
copies  shall  be  entitled  to  tax  in  addition  to  his  other  fees  the 
travel  from  the  place  where  the  attachment  is  made  to  the  office  of 
such  town  clerk,  or  clerk  of  the  court  of  common  pleas,  and  also 
for  such  copies. 

Section  27.  And  be  it  further  enacted,  that  at  any  time  before 
the  sitting  of  any  court  to  which  any  writ  shall  be  returnable,  or 
at  any  time  before  judgement  shall  be  rendered  in  any  suit,  the 
defendant  may  apply  to  the  plaintiff's  attorney,  who  brought  the 
action,  and  tender  him  the  amount  of  the  debt  and  costs,  and  such 
tender  shall  be  a  bar  to  any  further  proceedings  in  such  cause. 

Section  28.  And  be  it  further  enacted,  that  when  any  person 
shall  commence  an  action  on  any  judgement  obtained  before  a  justice 
of  the  peace  or  in  any  court  of  common  pleas,  or  in  the  superior 
court  of  Judicature  in  this  state,  upon  which  execution  might  at  the 
time  of  commencing  such  action,  have  issued,  if  the  court  or  Jus- 
tice, before  whom  such  action  is  brought  shall  be  of  opinion  that 
such  action  is  brought  to  vex  and  harass  the  defendant  and  with 
design  to  increase  the  costs,  and  that  the  plaintiff  might  have 
availed  himself  of  an  execution  on  the  same  judgement  in  a  manner 
equally  advantageous  for  obtaining  his  demand  of  his  debtor  as  that 
of  a  suit  on  the  judgement,  then  in  every  such  case  the  court  or  Jus- 
tice before  whom  any  such  action  may  be  brought  shall  not  render 
judgement  for  costs  in  such  suit  in  favour  of  the  plaintiff 

Section  29.  And  be  it  further  enacted  that  the  clerks  of  the 
courts  in  this  state  shall  be  empowered  respectively  to  grant  sum- 
mons for  witnesses  in  all  causes  pending  in  their  respective  courts; 
the  summons  to  be  directed  to  the  person  to  be  summoned,  and  to  be 
made  out  in  the  form  by  law  prescribed. 

And  every  justice  of  the  peace  is  hereby  empowered  to  grant 
summons  for  witnesses  in  all  cases  triable  or  pending  in  any  court 
in  this  state  and  in  all  matters  before  the  general  court  and  in  all 
causes  pending  before  himself,  or  any  other  justice  and  in  all 
matters  triable  before  referees  or  arbitrators  and  to  grant  sum- 
mons for  witnesses  to  appear  before  him  at  a  certain  time  and  place 
to  give  a  deposition  in  any  matter  or  cause  where  the  same  may  be 
lawfully  taken;  such  summons  to  be  similar  to  that  to  be  granted 
by  the  clerks  of  the  courts  &  to  be  directed  to  the  person  to  be 
summoned  as  aforesaid 

Section  30.  And  be  it  further  enacted,  that  if  any  person  served 
with  lawful  process  or  summons  before  any  court,  justice  or  ref- 
erees to  testify  or  give  a  deposition  in  any  cause  where  the  same 
may  be  lawfully  taken  and  having  tendered  unto  him  or  her  the  fees 
by  law  established  for  the  travel  of  a  witness  from  the  place  where 


§70  LAWS  OF   NEW  HAMPSHIRE 

such  witness  lives  or  resides  to  and  from  the  place  or  court 
where  such  witness  is  required  to  appear  and  testify  or  give  a  depo- 
sition as  aforesaid  and  also  the  fees  for  one  days  attendance,  if 
such  attendance  is  required,  if  such  witness  shall  neglect  to  attend 
and  give  his  attendance  as  long  as  the  same  shall  be  necessary 
for  the  purpose  for  which  he  was  summoned;  or  refuse  to  testefy  and 
give  his  deposition  if  so  required  such  witness  having  no  reasonable 
excuse  for  such  neglect  or  refusal,  every  witness,  so  making  default 
or  refusal,  shall  be  liable  to  the  action  of  the  aggreived  party  for 
all  damages  such  party  shall  sustain  by  such  default  or  refusal. 
And  the  court  before  whom  any  witness  is  required  to  appear  and 
testify,  and  every  justice  of  the  peace  before  whom  any  witness 
is  required  to  appear  and  testify  are  hereby  respectively  empow- 
ered to  bring  any  witness  having  been  duly  and  lawfully  summoned, 
neglecting  or  refusing  to  appear  and  testify  by  attachment  before 
them,  and  if  upon  examination  it  shall  appear  to  such  court  or 
Justice,  that  such  witness  had  no  reasonable  excuse  for  such  neglect 
or  refusal,  to  fine  him  for  such  neglect  or  refusal,  the  fine,  to  be  im- 
posed by  any  court,  not  to  exceed  fifty  dollars,  and  the  fine  to  be 
imposed  by  a  Justice  of  the  Peace  not  to  exceed  ten  Dollars;  and 
the  court  and  Justice  respectively  may  order  him  to  pay  costs. 

Section  31.  And  be  it  further  enacted  that  all  acts  and  parts  of 
acts  heretofore  passed  within  the  purview  of  this  act,  be  and  the 
same  hereby  are  repealed 


[CHAPTER  95.] 


State  of  } 

New  Hampshire.  \ 


An  act  to  declare  the  jurisdiction  of  the  Court  of  Common 
Pleas  and  the  Superior  Court  of  Judicature,  and  to  regu- 
late THE  PROCEEDINGS  IN  THE  SAME  COURTS. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  331.  Session  Laws,  1828, 
Chap.  95.  Laws,  1830  ed.,  p.  507.  See  also  acts  of  June  29,  1818,  Laws  of 
New  Hampshire,  vol.  8,  p.  736;  June  21,  1821,  ante,  p.  13;  July  7,  1827,  ante, 
p.  683,  and  December  29,  1832,  Session  Laws,  1832,  Chap.  89.  Repealed 
by  act  of  December  23,  1842.     See  Revised  Statutes  (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  the  Court  of  Common 
Pleas,  for  the  State  of  New  Hampshire,  as  now  by  law  established, 
consisting  of  a  Chief  Justice  and  two  associate  Justices,  shall  be 
held  by  two  or  more  of  said  Justices  in  each  County  in  the  State, 
at  the  times  and  places  by  law  appointed  and  established,  and  shall 
have  original  jurisdiction  in  all  civil  actions  arising  within  the  said 
Counties  respectively,  excepting  those  in  which  Justices  of  the  peace 


LAWS  OF   NEW  HAMPSHIRE  $7  l 

have  jurisdiction;  and  appellate  jurisdiction,  in  all  appeals  from 
Justices  of  the  peace  both  in  civil  actions  and  in  criminal  prosecu- 
tions, and  final  jurisdiction  in  cases  of  bastardy  and  in  all  personal 
actions,  wherein  the  sum  demanded  in  damages  shall  not  exceed 
fifty  dollars;  and  shall  have  all  other  power,  authority,  and  juris- 
diction which  the  said  court  now  has,  or  by  law  ought  to  have. 

Sec.  2— And  be  it  further  enacted,  that  any  party,  aggrieved 
at  any  judgement,  not  rendered  on  default,  of  the  Court  of  Common 
Pleas,  in  any  real  action,  or  in  any  personal  action,  wherein  issue 
has  been  joined,  in  which  the  sum  demanded  in  damages,  shall  ex- 
ceed fifty  dollars,  may  appeal  therefrom  to  the  next  superior  Court 
of  Judicature  to  be  holden  within  and  for  the  County  where  such 
judgment  may  have  been  rendered — and  where  any  such  appeal 
shall  be  made  by  any  plaintiff,  and  he  shall  not  recover  a  greater 
sum  in  the  Superior  Court  of  Judicature,  than  in  the  Court  of  Com- 
mon Pleas,  then,  unless  in  the  opinion  of  the  said  Court,  the  party 
so  appealing  had  a  reasonable  expectation  of  recovering  a  greater 
sum,  he  shall  not  recover  his  costs  in  such  appeal,  but  the  defendant 
shall  recover  his  costs,  and  shall  have  a  separate  judgment  there- 
for. And  when  an  appeal  shall  be  made  by  a  defendant,  and  he 
shall  not  reduce  the  damages  recovered  in  the  Court  of  Common 
Pleas,  the  plaintiff  shall  recover  double  costs  of  suit  accruing  on  the 
appeal.  And  in  case  the  party  appealing  shall  neglect  to  enter  his 
appeal,  the  Superior  Court,  at  the  term  to  which  such  appeal  was 
claimed,  may,  upon  complaint,  proceed  to  render  judgment  thereon, 
agreeably  to  the  provisions  of  this  act. 

Sec.  3.  And  be  it  further  enacted  that  the  Superior  Court 
shall  set  off  such  judgment,  as  the  defendant  may  recover,  against 
the  judgment  which  the  plaintiff  may  recover  in  said  suit,  or  such 
judgment  as  may  be  recovered  by  the  plaintiff  against  the  judgment 
which  the  defendant  may  recover  in  said  suit.  And  the  appellant 
shall  produce  in  the  Superior  Court  attested  copies  of  the  writ, 
judgment  and  proceedings,  and  of  all  the  papers  used  and  filed  in 
the  Court  below — 

Sec.  4.  x-\nd  be  it  further  enacted,  that  any  party  may  allege 
exceptions  to  any  opinion,  direction  or  judgment  of  said  Court  of 
Common  Pleas,  in  any  matter  of  law  happening  in  any  action  in 
which  said  Court  has  final  jurisdiction;  which,  being  reduced  to 
writing  in  a  summary  mode,  and  being  presented  to  the  Court  before 
the  adjournment  thereof,  without  day,  and  found  conformable  to  the 
truth  of  the  case,  shall  be  allowed  and  signed  by  the  presiding  Judge 
of  said  Court;  which  exceptions  shall  be  filed  and  become  a  part  of 
the  record — 

Sec.  5.  And  be  it  further  enacted,  that  in  all  actions  of  the  case 
for  slanderous  words;  all  actions  of  assault  and  battery;  all  actions 
for  imprisonment,  all  actions  for  malicious  prosecutions  hereafter 
commenced  and  prosecuted  in  the  Court  of  Common  Pleas,  if  the 


872  LAWS  OF   NEW  HAMPSHIRE 

jury  who  enquire  of  the  damages,  do  assess  the  same  under  thirteen 
dollars  and  thirty  three  cents,  then  the  plaintiff  or  plaintiffs  in  any 
such  action,  shall  have  and  recover  only  so  much  cost  as  damages; 
and  in  all  actions  of  trespass,  quare  clausum  fregit,  commenced  in 
the  same  Court,  where  the  title  of  real  estate  is  not  in  question,  if 
the  damages  found  by  the  jury  do  not  amount  to  thirteen  dollars  and 
thirty  three  cents,  the  Court  may  allow  only  such  sum  in  costs  as  they 
shall  think  proper,  not  exceeding  the  sum  found  by  the  jury;  and  in 
all  other  actions  commenced  in  the  Court  of  Common  Pleas,  if  it 
shall  appear  to  the  Justices  of  said  Court  that  the  plaintiff  or  plain- 
tiffs had  no  reasonable  expectation  of  recovering  more  than  thirteen 
dollars  and  thirty  three  cents  in  damages,  in  such  suit,  the  Justices 
of  the  said  Court  may  limit  the  plaintiff  or  plaintiffs  in  their  costs, 
to  such  sum  as  they  may  think  just  and  reasonable,  all  circumstances 
duly  considered. — 

Sec.  6.  And  be  it  further  enacted,  that  the  said  Court  of  Com- 
mon Pleas  shall  have  a  Clerk  in  each  County  to  keep  the  records  in 
their  respective  Counties,  to  whom  the  same  fees  shall  be  paid,  as  by 
law  are  required  to  be  paid  to  the  Clerks  of  the  Superior  Court. — ■ 
And  the  Clerks  of  the  said  Court  of  Common  Pleas,  shall  immedi- 
ately after  each  term  of  said  Court  in  the  respective  counties,  ac- 
count with  and  pay  over  to  the  respective  County  Treasurers  all 
monies  by  them  received  for  the  use  of  the  counties;  and  it  shall  be 
the  duty  of  the  Justice  presiding  at  each  term  of  said  Court,  at  the 
close  thereof,  to  certify  the  account  of  said  Clerk.  And  there  shall 
be  paid  to  the  Clerk  of  the  Superior  Court  of  Judicature  for  the 
entry  of  each  appeal  from  the  Common  Pleas,  fifty  cents.  And  the 
costs  to  be  allowed  parties  recovering  judgment  in  the  Courts  of 
Common  Pleas,  shall  be  the  same,  as  are  by  law  allowed  in  the  Supe- 
rior Court. — 

Sec.  7.  An  be  it  further  enacted,  that  the  Chief  Justice  of  the 
said  Court  of  Common  Pleas,  shall,  during  his  continuance  in  office, 
receive  from  the  Treasury  of  this  State,  in  full  for  his  services,  the 
sum  of  twelve  hundred  dollars,  annually,  in  quarter  yearly  pay- 
ments; and  the  associate  Justices  shall  receive  the  sum  of  ten  hun- 
dred dollars,  in  like  manner. 

Sec.  8. — And  be  it  further  enacted,  that  the  Superior  Court  of 
Judicature,  as  now  by  law  established,  consisting  of  a  Chief  Justice 
and  two  Associate  Justices,  shall  be  held  by  two  or  more  of  said  Jus- 
tices, in  each  County  of  the  State,  at  the  times  and  places  by  law 
appointed  and  established,  and  shall  have  original  jurisdiction,  con- 
current with  the  said  Court  of  Common  Pleas,  of  all  real  actions, 
and  of  all  personal  actions  wherein  the  sum  demanded  in  damages 
shall  exceed  one  hundred  dollars;  and  shall  have  jurisdiction  of  all 
other  actions,  suits  and  prosecutions  between  party  and  party,  and 
between  the  State  and  any  of  its  citizens,  when  legally  brought  be- 
fore the  said  Court,  by  appeal,  writ  of  error  or  otherwise;  and  shall 


LAWS  OF   NEW  HAMPSHIRE  873 

also  take  cognizance  of  all  capital  and  other  crimes  and  offences,  and 
shall  have  and  exercise  all  the  power,  authority  and  Jurisdiction, 
which  the  said  Court  now  has  and  exercises,  or  by  law  ought  to  have 
and  exercise. — 

Sec.  9.  And  be  it  further  enacted,  that  the  Superior  Court  of 
Judicature  shall  have  chancery  powers  and  jurisdiction  in  cases  of 
gifts,  grants,  devises,  donations  and  appointments  of  any  lands, 
tenements,  rents,  hereditaments,  corporeal  or  incorporeal  goods, 
chattels,  money,  securities  for  money,  or  other  personal  estate  what- 
ever, which  heretofore  have  been,  or  hereafter  may  be  given, 
granted,  made,  or  appointed,  to  or  for  any  charitable  uses.  And 
for  the  remedy  of  abuses  and  breaches  of  trust  in  the  cases  afore- 
said, and  for  carrying  into  effect  the  intentions  of  the  grantors  and 
donors,  the  said  Court  shall  make  such  orders,  decrees  and  judg- 
ments, that  the  said  lands,  tenements,  rents,  hereditaments,  goods, 
chattels,  money,  securities  for  money  and  other  personal  estate, 
may  be  faithfully  employed  for  the  charitable  uses  to  which  they 
were,  or  may  be  given,  granted,  or  appointed  according  to  the  true 
intent  and  meaning  of  the  grantors  or  donors  thereof.- — And  the 
powers  and  jurisdiction,  thus  vested  in  the  Superior  Court,  shall 
be  exercised  according  to  the  established  principles  of  chancery, 
as  far  as  shall  be  consistent  with  the  laws  and  constitution  of  this 
State. — And  the  proceedings  to  be  had  in  said  Court  in  pursuance  of 
these  provisions,  shall  be  in  conformity  with  the  usual  practise  of 
Courts  of  Chancery  in  like  cases,  and  reasonable  costs  shall  be 
allowed  to  the  prevailing  party. — And  when  informations  shall  be 
filed  by  the  Attorney  General,  at  the  relation  of  individuals,  they 
shall  give  security  for  the  payment  of  costs,  in  such  manner  as  the 
Court  may  direct. — 

Sec.  10.  And  be  it  further  enacted,  that  the  Superior  Court  of 
Judicature  shall  have  a  Clerk,  in  each  County,  to  keep  the  records 
in  their  respective  Counties.  And  the  Clerks  of  the  Superior  Court 
shall,  immediately  after  each  term  of  said  Court,  in  their  respective 
Counties,  account  with  and  pay  over  to  the  respective  County  treas- 
urers, all  monies  by  them  received,  for  the  use  of  the  Counties. — 

Sec.  11 — And  be  it  further  enacted,  that  the  Superior  Court  of 
Judicature  and  the  Court  of  Common  Pleas  shall  have  power  and 
authority  respectively  to  adjourn  their  sittings,  from  time  to  time, 
as  they  may  think  proper.  And  any  Justice,  of  either  of  the  said 
Courts,  being  present  at  the  place  where,  and  the  time  when,  the 
Court  to  which  he  belongs,  is  by  law  to  be  holden,  may  adjourn  the 
same  Court,  from  day  to  day,  until  a  quorum  be  convened;  and 
when  it  shall  so  happen,  that,  by  death,  sickness  or  otherwise,  a 
quorum  of  either  court  cannot  attend,  at  the  time  and  place  by  law 
appointed,  for  holding  such  Court,  any  Justice  of  such  Court,  may, 
by  writ,  direct  the  Sheriff  to  repair  to  the  place,  where  such  Court  is 
by  law  to  be  holden,  on  the  day  appointed  for  holding  the  same, 


874  LAWS  OF  NEW  HAMPSHIRE 

and  adjourn  the  same  Court  to  some  day  antecedent  to  the  next 
term;  and  if  at  such,  or  any  other  adjournment,  a  quorum  of  the 
Court  cannot  attend,  any  one  of  the  Justices  present,  shall  have 
power  to  continue  all  causes  then  pending  in  the  same  Court,  to  the 
next  stated  term. — 

Sec.  12 — And  be  it  further  enacted,  that  the  Justices  of  the 
Superior  Court  of  Judicature  and  of  the  Court  of  Common  Pleas  be 
respectively  empowered  to  make  all  necessary  rules  for  the  more 
orderly  practising  in  their  respective  Courts,  provided  said  rules 
shall  not  be  repugnant  to  the  constitution  and  laws  of  this  State; 
and  to  appoint  Clerks  in  their  respective  Courts,  who  shall  be  under 
oath  for  the  faithful  discharge  of  the  duties  of  said  office,  and  who 
shall  hold  their  offices,  during  the  pleasure  of  the  Court — 

Sec.  13 — And  be  it  further  enacted,  that  in  all  causes  brought 
before  the  Superior  Court  of  Judicature,  or  before  the  Court  of  Com- 
mon Pleas,  to  recover  the  forfeiture  annexed  to  any  articles  of  agree- 
ment, covenant,  contract,  or  charter  party,  bond,  obligation  or  other 
specialty;  or  for  the  forfeiture  of  real  estate  upon  condition  by  deed 
of  mortgage,  or  bargain  and  sale  with  defeasance,  when  the  for- 
feiture, breach  or  nonperformance  shall  be  found  by  the  Jury,  by 
the  default  or  confession  of  the  defendant,  or  upon  demurrer,  the 
Court,  before  whom  the  action  is,  shall  make  up  judgment  therein 
for  the  plaintiff  to  recover  so  much  as  is  due  according  to  equity 
and  good  conscience;  but  in  real  actions  on  mortgage,  or  bargain  and 
sale  with  defeasance,  the  judgment  shall  be  conditional,  that  if  the 
mortgagor,  or  vender,  his  heirs,  executors  or  administrators,  shall 
pay  unto  the  mortgagee  or  vendee,  his  executors  or  administrators, 
such  sum  as  the  Court  shall  adjudge  due,  within  two  months  from 
the  time  of  entering  up  judgment,  with  interest,  then  the  same  judg- 
ment shall  be  void  and  discharged,  otherwise  that  the  demandant 
shall  have  his  writ  of  possession. — Provided  always  that  when  any 
action  shall  be  brought  and  prosecuted  on  any  bond,  or  other  spec- 
ialty, with  penalty  for  the  payment  of  any  sums  of  money,  perform- 
ance of  covenants,  contracts,  agreements,  matters  or  things  to  be 
done  at  several  times,  some  of  which  times  shall  not  have  expired, 
and  the  plaintiff  recover  the  forfeiture  of  any  such  penalty,  the 
Court  shall  enter  up  judgment  for  the  whole  of  such  forfeiture,  and 
award  execution  only  for  so  much  of  the  debt  or  damage,  as  is  justly 
due  or  sustained  at  that  time;  and  the  plaintiff,  his  executors  or 
administrators,  at  any  time  afterwards,  may  have  from  the  Court 
where  such  judgment  was  rendered,  a  writ  of  scire  facias  against  the 
defendant,  his  heirs,  executors  or  administrators,  to  shew  cause  why 
execution  should  not  be  awarded  upon  said  judgment,  for  other  and 
further  damages,  by  reason  of  the  non  performance  or  breach  of  the 
contracts,  covenants,  agreements,  or  things  in  such  bonds  or  special- 
ties contained,  and  the  time  for  the  performance  of  which  had  not 
elapsed,  at  the  time  of  awarding  execution  as  aforesaid — 


LAWS  OF   NEW  HAMPSHIRE  875 

Sec.  14 — And  be  it  further  enacted,  that  whenever  it  shall  hap- 
pen in  consequence  of  any  legal  disqualification  of  two  of  the 
Justices,  either  of  the  Superior  Court,  or  of  the  Court  of  Common 
Pleas,  that  there  shall  not  be  a  quorum  of  said  Justices  for  the  trial 
of  any  cause  pending  in  either  of  said  Courts  respectively,  any  one  of 
the  Justices  in  their  respective  Courts,  not  disqualified  as  aforesaid, 
shall  hear,  try  and  determine  such  cause,  and  make  any  order  rela- 
tive thereto,  and  award  execution  thereon,  in  the  same  manner  as  all 
the  Justices  of  said  Court  might  do,  if  present  and  competent  to  try 
the  same — 

Sec.  15 — And  be  it  further  enacted,  that  all  acts  and  parts  of  acts 
heretofore  passed,  within  the  purview  of  this  act,  be  and  the  same 
hereby  are  repealed — 


[CHAPTER  96.] 

State  of  \ 

New  Hampshire.  \ 

An  act  in  addition  to  an  act  entitled  An  act  providing  for 
the  appointment  and  defining  the  powers  of  commission- 
ERS of  Gaol  delivery 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  343.  Session  Laws,  1828, 
Chap.  96.  Laws,  1830  ed.,  p.  480.  The  act  referred  to  is  probably  dated 
December  29,  1828,  ante,  p.  796.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Sec  1  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  for  the  County  of  Rocking- 
ham there  shall  be  appointed  and  commissioned  by  the  Governor 
and  Council,  with  the  same  powers  and  under  the  same  limitations  as 
are  provided  in  the  act  to  which  this  act  is  in  addition,  three  suit- 
able persons  in  addition  to  those  whose  appointment  is  provided 
for  in  said  act,  as  Commissioners  of  Gaol  delivery,  three  of  whom, 
to  be  designated  by  the  Governor  and  Council  shall  constitute  a 
Board  for  the  performance  of  all  the  duties  imposed  upon  the  Com- 
missioners of  Gaol  delivery  by  the  act  to  which  this  act  is  in  addition 
at  the  Gaol  in  Portsmouth  and  the  other  three  at  the  Gaol  in  Exeter 
in  said  County  and  at  no  other  gaol,  any  thing  in  the  act  to  which 
this  is  in  addition  to  the  contrary  notwithstanding. 

Sec  2  And  be  it  further  enacted  that  the  Justices  or  Commis- 
sioners who  may  administer  the  oath  prescribed  by  law  for  the  ease 
and  relief  of  persons  imprisoned  for  debt,  shall  within  thirty  days 
thereafter  return  the  petition  and  their  doings  thereon  to  the  office 
of  the  Clerk  of  the  Court  of  Common  Pleas  for  the  County  in  which 
such  oath  shall  be  administered  and  the  Clerk  of  said  Court  is 


876  LAWS  OF  NEW  HAMPSHIRE 

hereby  authorized  and  directed  to  give  copies  thereof  to  any  person 
applying  for  the  same,  for  which  he  shall  be  entitled  to  receive  the 
same  fees  as  for  other  copies 


[CHAPTER  97.] 

State  of         \ 
New  Hampshire,  j 

An  act  defining  the  powers  and  prescribing  the  duties  of 
Executors  and  Administrators  in  certain  cases. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  345.  Session  Laws,  1828, 
Chap.  97.  Laws,  1830  ed.,  p.  370.  See  also  acts  of  July  2,  1822,  ante,  p.  123; 
July  3,  1822,  ante,  p.  155,  and  July  1,  1825,  ante,  p.  438.  Repealed  by  act  of 
December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  be  the  duty  of 
every  Executor  or  Administrator  of  every  estate  which  shall  here- 
after be  administered  upon  as  an  insolvent  estate  and  he  is  hereby 
authorized  and  required  to  keep  in  repair  and  receive  the  rents  and 
profits  of  any  real  estate  in  this  State  which  may  belong  to  such 
testator  or  intestate  at  the  time  of  his  decease,  and  every  such 
Executor  or  administrator  shall  be  holden  to  account  for  the  net 
proceeds  of  the  same  in  his  Administration  account  and  the  same 
shall  be  distributed  according  to  law. 

Section  2.  And  be  it  further  enacted.  That  every  such  executor 
or  administrator  be  and  he  is  hereby  authorized  to  maintain,  in  his 
said  capacity,  any  action  or  actions  necessary  and  proper  to  carry 
into  effect  the  provisions  in  the  preceding  section  of  this  act 

Section  3.  And  be  it  further  enacted,  That  whenever  the  Plain- 
tiff in  any  real  action  shall  die  while  the  same  is  pending  or  when 
either  Plaintiff  or  Defendant  shall  die  after  final  judgment  in  any 
real  action  and  pending  any  writ  of  review  or  while  the  right  of 
review  in  the  same  action  shall  remain  in  every  such  case  his  Exec- 
utor or  Administrator  in  such  original  action  or  action  of  review 
pending,  may  come  in  at  the  next  term  of  the  court  after  such 
decease  and  in  case  of  final  judgment  may  bring  review  at  any  time 
within  one  year  from  such  decease  and  in  either  case  prosecute  such 
original  action  or  review  to  final  judgment  and  execution  and  any 
recovery  in  any  such  action  or  review  by  any  such  executor  or 
administrator  shall  be  to  the  use  and  for  the  benefit  of  the  creditors, 
heirs,  or  devisees  of  such  estate  and  shall  be  administered  upon  and 
accounted  for  accordingly. 

Section  4.  And  be  it  further  enacted,  That  no  action  shall  be 
brought  against  any  Executor  or  administrator  upon   any  claim 


LAWS  OF   NEW  HAMPSHIRE  877 

whatever  existing  against  his  Testator  or  Intestate  at  the  time  of  his 
decease  unless  such  action  shall  be  commenced  within  three  years 
next  after  such  cause  of  action  shall  have  been  exhibited  to  such 
Executor  or  Administrator. 


[CHAPTER  98.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  raise  forty  thousand  dollars  for  the  use  of  the 
State. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  349.  Session  Laws,  1828, 
Chap.  98.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  sum  of  forty  thousand  dollars 
shall  be  raised  for  the  use  of  the  State,  which  sum  shall  be  assessed, 
collected  and  paid  into  the  treasury  on  or  before  the  first  day  of 
December  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty  nine.  And  the  Treasurer  is  hereby  directed  seasonably  to 
issue  his  warrant  to  the  Selectmen  of  the  several  towns  and  places 
within  this  State,  according  to  the  apportionment  of  the  public  taxes, 
to  be  made  during  the  present  session,  and  the  said  Selectmen 
and  assessors  are  hereby  respectively  required  to  assess  the  sums 
specified  in  the  said  warrants,  and  to  cause  the  same  to  be  paid  into 
the  Treasury  on  or  before  the  first  day  of  December  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty  nine,  and  the 
Treasurer  is  hereby  authorized  to  issue  extents  for  all  taxes  which 
shall  then  remain  unpaid 


[CHAPTER  99.] 


State  of  } 

New  Hampshire.  \ 


An  act  to  establish  salaries  for  the  officers  of  the  courts  of 
probate  in  this  state. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  351.  Session  Laws,  1828, 
Chap.  99.  Laws,  1830  ed.,  p.  512.  This  act  repeals  acts  of  July  6,  1826, 
ante,  p.  533;  July  7,  1827,  ante,  p.  677,  and  June  19,  1828,  ante,  p.  738.  See 
also  act  of  July  3,  1841,  Session  Laws,  1841,  Chap.  622.  Repealed  by  act 
of  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

_  Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened,  that  the  several  judges  of  probate 
in  this  state,  shall  have  and  receive  out  of  the  treasury  a  salary  to 


878  LAWS  OF   NEW   HAMPSHIRE 

be  paid  quarterly  by  warrant  on  the  Treasurer  of  the  state  on  the 
first  days  of  January,  April,  July  &  October  annually,  which  salary 
shall  be  in  full  compensation  for  all  services,  which  by  the  laws  of 
this  state  ought  to  be  rendered  by  the  Judges  of  Probate  in  their 
respective  counties. 

Sect.  2.  And  be  it  further  enacted,  that  the  several  registers  of 
probate  in  this  state  shall  have  and  receive  out  of  the  Treasury 
a  salary  to  be  paid  quarterly  by  warrant  on  the  Treasurer  of  the 
state  on  the  first  days  of  January,  April,  July,  and  October  annually 
upon  furnishing  the  Governor  with  a  certificate  from  the  Judge 
of  Probate  in  their  respective  counties  annually  on  the  first 
day  of  January,  that  the  records  of  their  respective  courts 
are  made  according  to  law:  which  salary  shall  be  in  full  compensa- 
tion for  all  services,  which  by  law  ought  to  be  rendered  by  the 
Registers  of  Probate  in  their  respective  courts.  Provided  that  in 
all  cases,  where  copies  of  the  records  may  be  called  for,'  to  be 
used  in  any  place  other  than  the  court  of  probate  where  the 
record  remains,  or  in  the  Superior  Court  of  Probate  upon  appeal, 
the  Registers  of  Probate  may  demand  and  receive  the  same  fees  as 
other  certifying  officers;  but  in  no  case  to  demand  fees  for  copies 
necessary  for  executors,  administrators,  or  guardians  in  the  set- 
tlement of  estates  and  for  all  fees  so  received,  the  Register  shall 
give  the  person  paying  the  same  a  receipt  stating  the  amount  re- 
ceived, and  for  what  copies.  And  the  Registers  of  Probate  in  the 
several  counties  shall  provide,  at  the  expence  of  the  said  counties 
respectively,  the  blanks  and  stationary  necessary  in  doing  the  pro- 
bate business  and  the  same  shall  be  paid  to  them  out  of  the  respec- 
tive county  Treasuries. 

Sect.  3.  And  be  it  further  enacted,  that  the  Judge  of  Probate 
for  the  county  of  Rockingham  shall  receive  the  sum  of  Three 
hundred  and  thirty  four  dollars,  and  the  Register  of  Probate  for  the 
same  County  the  sum  of  four  hundred  and  sixty  two  dollars: 
the  Judge  of  Probate  for  the  County  of  Strafford  shall  receive 
the  sum  of  four  hundred  and  twenty  dollars,  and  the  register 
of  probate  for  said  county  the  sum  of  five  hundred  and  seventy 
five  dollars:  the  Judge  of  Probate  for  the  county  of  Merrimack 
shall  receive  the  sum  of  two  hundred  and  forty  five  dollars,  and 
the  register  of  probate  for  said  county  the  sum  of  three  hundred  and 
forty  five  dollars:  the  Judge  of  Probate  for  the  county  of  Hills- 
borough shall  receive  the  sum  of  two  hundred  and  seventy  six  dol- 
lars, and  the  register  of  probate  for  the  same  county  the  sum  of 
three  hundred  and  eighty  three  dollars:  the  Judge  of  Probate  for 
the  County  of  Cheshire  shall  receive  the  sum  of  two  hundred  and 
twenty  five  dollars,  and  the  register  of  probate  for  said  county  the 
sum  of  three  hundred  dollars:  the  Judge  of  Probate  for  the  County 
of  Sullivan  shall  receive  the  sum  of  one  hundred  and  seventy  five 
dollars,  and  the  register  of  Probate  for  said  County  the  sum  of  two 


LAWS  OF   NEW  HAMPSHIRE  879 

hundred  and  twenty  five  dollars:  the  Judge  of  Probate  for  the 
county  of  Grafton  shall  receive  the  sum  of  two  hundred  and  seventy 
five  dollars,  and  the  register  of  probate  for  the  same  county  the  sum 
of  three  hundred  and  eighty  dollars:  the  Judge  of  Probate  for  the 
county  of  Coos  shall  receive  the  sum  of  one  hundred  dollars,  and  the 
register  of  probate  for  said  county  the  sum  of  one  hundred  and 
twenty  five  dollars,  which  sums  shall  be  in  full  for  the  annual  sala- 
ries of  the  aforesaid  officers  and  shall  be  paid  to  them  respectively 
in  manner  as  in  this  act  is  heretofore  provided, — 

Sect.  4.  And  be  it  further  enacted,  that  the  act  entitled  "An 
act  to  establish  salaries  for  the  officers  of  the  courts  of  probate  in 
this  state,"  passed  on  the  sixth  day  of  July  A.D.  1826,  and  the 
act  entitled  "An  act  to  provide  for  the  transferring  of  certain 
business  from  the  court  of  probate  in  the  county  of  Cheshire  to 
the  court  of  Probate  in  the  county  of  Sullivan  and  for  other  pur- 
poses" passed  on  the  seventh  day  of  July  A.D.  1827,  and  an  act 
entitled  "An  act  providing  blanks  &  stationary  for  the  use  of  the 
courts  of  probate"  passed  June  19.  1828  be  &  the  same  are  hereby 
repealed — Provided  nevertheless  that  all  things  done  &  transacted 
&  all  rights  acquired  under  the  said  acts  shall  be  &  remain  unim- 
paired &  in  force  in  the  same  manner  they  would  &  ought,  had 
the  said  acts  remained  in  force.— 


[CHAPTER  100.] 


State  of  } 

New  Hampshire.  \ 


An  act  declaring  the  limits  and  boundaries  of  the  several 
Counties  in  this  State. 

[Approved  January  2?  1829.  Acts.  vol.  26,  p.  355.  Session  Laws,  1828, 
Chap.  100.  Laws,  1830  eel.,  p.  307.  This  act  repeals  acts  of  June  16,  1791, 
Laws  of  New  Hampshire,  vol.  5,  p.  766;  November  27,  1800,  id.,  vol.  6,  p.  647; 
December  24,  1803,  id.,  vol.  7,  p.  206;  June  18,  1805,  id.,  p.  398;  June  26,  1823, 
ante,  p.  210;  July  1,  1823,  ante,  p.  221;  December  10,  1824,  ante,  p.  301,  and 
July  5,  1827,  ante,  p.  649.  Repealed  by  act  of  December  23,  1842.  See  Re- 
vised Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  division  of  this 
State  into  eight  Counties  by  the  names  of  Rockingham,  Strafford, 
Hillsborough,  Cheshire,  Grafton,  Coos,  Merrimack  and  Sullivan  be 
and  hereby  is  declared  and  established  as  follows,  namely: 

The  County  of  Rockingham  is  bounded  in  the  following  manner, 
beginning  at  the  mouth  of  Piscataqua  river  and  running  up  the  same 
to  the  easterly  corner  of  Newmarket  including  the  river;  thence 
northwesterly  by  the  easterly  and  northerly  lines  of  New  Market, 
Epping,  Nottingham  and  Northwood  to  the  easterly  line  of  Pitts- 


880  LAWS  OF  NEW  HAMPSHIRE 

field;  thence  southwesterly  by  the  northerly  and  westerly  lines  of 
North  wood,  Deerfield,  Candia,  Chester  and  Londonderry  to  the 
northerly  line  of  Nottingham  west,  thence  by  the  northerly  and 
easterly  lines  of  Nottingham  West  to  the  northwest  corner  of  Pel- 
ham,  thence  by  the  northerly  line  of  Pelham  to  the  State  line,  thence 
by  the  same  line  to  the  sea;  thence  by  the  sea  to  the  bounds  first 
mentioned,  including  all  that  part  of  the  isle  of  shoals,  which  belongs 
to  this  State. 

The  County  of  Strafford  is  bounded  in  the  following  manner, 
beginning  at  the  northerly  corner  of  Northwood;  thence  by  the 
easterly  and  northerly  lines  of  Pittsfield,  Loudon,  Canterbury  and 
Northfield  to  the  northwest  corner  of  Northfield  at  the  Winne- 
pisseogee  river  thence  by  the  Southerly  easterly  and  northerly  line 
of  Franklin  to  the  Pemigewasset  river,  thence  up  the  said  river  to 
the  south  west  corner  of  Holderness,  thence  on  the  Southerly  and 
easterly  lines  of  Holderness  to  Sandwich,  thence  on  the  westerly 
and  northerly  lines  of  Sandwich,  Burton,  Conway  and  Chatham  to 
the  State  line;  thence  down  said  line  to  the  line  of  the  County  of 
Rockingham,  thence  by  the  said  line  of  the  County  of  Rockingham 
to  the  bounds  first  mentioned. 

The  County  of  Hillsborough  is  bounded  in  the  following  manner, 
beginning  at  the  bound  between  the  towns  of  Salem  and  Pelham 
at  the  State  line;  thence  westerly  by  the  State  line  to  the  South- 
east corner  of  Rindge;  thence  by  the  easterly  lines  of  Rindge, 
Jaffrey,  Dublin,  Nelson,  Stoddard  and  Washington  to  the  northwest 
corner  of  Hillsborough,  thence  by  the  northerly  and  easterly  lines 
of  Hillsborough  to  the  southwest  corner  of  Henniker;  thence  by  the 
southerly  lines  of  Henniker  and  Hopkinton  to  the  northwest  corner 
of  Dunbarton,  thence  by  the  westerly  and  southerly  lines  of  Dun- 
barton  and  Hooksett  to  the  line  of  the  County  of  Rockingham; 
thence  by  the  last  mentioned  line  to  the  bound  first  mentioned. 

The  County  of  Cheshire  is  bounded  in  the  following  manner, 
beginning  at  the  southeast  corner  of  Rindge;  thence  westerly  by  the 
State  line  to  the  west  bank  of  Connecticut  river;  thence  up  the 
same  bank  to  the  northwest  corner  of  Walpole,  thence  by  the  north- 
erly lines  of  Walpole,  Alstead,  Marlow  and  Stoddard  to  the  line  of 
the  County  of  Hillsborough,  thence  by  the  line  of  the  last  mentioned 
County  to  the  bound  first  mentioned. 

The  County  of  Grafton  is  bounded  in  the  following  manner,  be- 
ginning on  the  westerly  bank  of  Connecticut  River  at  the  South- 
westerly corner  of  Dalton,  thence  on  the  westerly  &  southerly  line 
of  Dalton  to  Whitefield  thence  on  the  westerly  and  southerly  line 
of  Whitefield  to  Bretton  Woods;  thence  on  the  westerly  and  south- 
erly lines  of  Bretton  Woods,  and  of  Nash  and  Sawyer's  location  to 
the  southeasterly  corner  thereof:  thence  southerly  on  a  straight  line 
across  the  unlocated  lands  to  the  line  of  the  County  of  Strafford, 
at  the  northwesterly  corner  of  Burton,  thence  Southerly  and  west- 


LAWS  OF  NEW  HAMPSHIRE  88  I 

erly  by  the  line  of  the  County  of  Strafford  to  the  Southwest  corner  of 
Holderness  at  the  Pemigewasset  or  Merrimack  river;  thence  down 
said  river  to  the  north  line  of  Franklin,  thence  westerly  on  the 
northerly  lines  of  Franklin,  Andover,  Wilmot,  Springfield,  Grantham 
and  Plainfield  to,  the  southwest  corner  of  Lebanon  on  the  west  bank 
of  Connecticut  river;  thence  northerly  on  said  bank  to  the  bound 
first  mentioned. 

The  County  shall  contain  all  the  lands  and  waters  within  the 
limits  of  this  State  which  are  situated  northerly  of  the  Counties  of 
Grafton  and  Strafford. 

The  County  of  Merrimack  is  bounded  in  the  following  manner, 
beginning  at  the  North  east  corner  of  Franklin,  thence  southerly 
and  easterly  by  the  County  of  Strafford  to  the  County  of  Rocking- 
ham, thence  South  westerly  by  the  County  of  Rockingham  to  the 
County  of  Hillsborough,  thence  westerly  and  northerly  by  the 
County  of  Hillsborough  to  the  northwest  corner  of  the  town  of 
Hillsborough;  thence  northerly  by  the  westerly  lines  of  Bradford, 
Fishersfield,  New  London  &  Wilmot  to  the  County  of  Grafton, 
thence  southerly  and  easterly  by  the  County  of  Grafton  to  the 
bounds  first  mentioned. 

The  County  of  Sullivan  is  bounded  in  the  following  manner, 
beginning  at  the  northwest  corner  of  Plainfield  on  the  west  bank 
of  Connecticut  River,  thence  easterly  by  the  County  of  Grafton  to 
the  County  of  Merrimack,  thence  southerly  by  the  County  of  Mer- 
rimack to  the  County  of  Hillsborough  thence  southerly  and  westerly 
by  the  Counties  of  Hillsborough  and  Cheshire  to  the  northwest 
corner  of  the  County  of  Cheshire  on  the  west  bank  of  Connecticut 
river,  thence  northerly  on  said  bank  to  the  bounds  first  mentioned. 

And  all  the  Towns,  places,  lands  and  waters  within  the  bounds 
aforesaid,  respectively  shall  be  deemed,  accepted  named  and  taken 
as  parts  and  members  of  the  respective  Counties  aforesaid. 

Section  2.  And  be  it  further  enacted,  That  the  act  entitled 
''an  act  declaring  the  limits  and  boundaries  of  the  several  Counties 
in  this  State"  passed  on  the  16  day  of  June  A.D.  1791.  The  act  en- 
titled "an  act  to  annex  the  town  of  Burton  in  the  County  of  Grafton 
to  the  County  of  Strafford"  passed  on  the  twenty  seventh  day  of 
November  A.D.  1800.  The  act  entitled  "an  act  to  constitute  a 
County  within  this  State  by  the  name  of  the  County  of  Coos," 
passed  on  the  twenty  fourth  day  of  December  A.D.  1803.  The  act 
entitled  "an  act  in  addition  to  an  act,  entitled  an  act  to  constitute  a 
County  by  the  name  of  Coos  passed  on  the  eighteenth  of  June 
A.D.  1805.  The  act  entitled  "an  act  to  constitute  a  County  within 
this  State  by  the  name  of  Merrimack  and  to  repeal  an  act  entitled 
"an  act  to  change  the  place  of  holding  the  February  term  of  the 
Superior  Court  of  Judicature  and  the  January  term  of  the  Court 
of  Sessions  in  the  County  of  Rockingham"  passed  July  third  1822, 

56 


882  LAWS   OF   NEW  HAMPSHIRE 

passed  on  the  first  day  of  July  A.D.  1823.  The  act  entitled  "an  act 
to  disannex  the  town  of  Pelham  from  the  County  of  Rockingham 
and  annex  the  same  to  the  County  of  Hillsborough"  passed  on  the 
tenth  day  of  December  A.D.  1824,  The  act  entitled  an  act  to  con- 
stitute a  new  County  in  this  State  by  the  name  of  Sullivan  and  to 
prescribe  the  times  of  holding  the  Courts  in  the  Counties  of  Merri- 
mack and  Cheshire"  passed  on  the  5th  day  of  July  A.D.  1827.  The 
act  entitled  an  act  to  disannex  the  town  of  Chatham  from  the 
County  of  Coos  and  annex  the  same  to  the  County  of  Strafford" 
passed  on  the  26th.  day  of  June  A.D.  1823  be  and  the  same  are 
hereby  repealed. 

Provided  however  that  the  said  acts  shall  be  and  continue  in  force 
in  relation  to  all  proceedings  had  and  instituted,  and  all  rights 
acquired  under  them  previously  to  the  passage  of  this  act. 


[CHAPTER  101.] 


State  of  I 

New  Hampshire.  \ 


An  act  for  the  punishment  of  certain  crimes. 

[Approved  January  2,  1829.  Acts,  vol.  26,  p.  367.  Session  Laws,  1828, 
Chap.  101.  Laws,  1830  ed.,  p.  148.  See  also  acts  of  February  8,  1791,  Laws 
of  New  Hampshire,  vol.  5,  p.  596;  February  16,  1791,  id.,  p.  718;  December  18, 
1812,  id.,  vol.  8,  p.  196;  June  28,  1825,  ante,  p.  415;  January  2,  1829,  ante, 
p.  846,  and  January  ,13,  1837,  Session  Laws,  1836,  November  session,  Chap. 
273.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  if  any  person,  owing 
allegiance  to  this  State,  shall  levy  war  or  conspire  to  levy  war 
against  the  same,  or  shall  in  any  way  give  aid  and  comfort  to  the 
enemies  of  this  State  and  shall  be  thereof  convicted  either  on  con- 
fession in  open  court,  or  on  the  testimony  of  two  or  more  witnesses 
to  the  same  overt  act  of  treason,  of  which  such  person  may  be  in- 
dicted, such  person  shall  be  adjudged  guilty  of  treason  against  this 
State,  and  shall  suffer  death. 

Section  2.  And  be  it  further  enacted,  that  if  any  person,  knowing 
any  such  treason  to  have  been  committed,  or,  knowing  of  the  intent 
of  any  person  to  commit  any  such  treason,  shall  not,  within  fourteen 
da}'s  from  the  time  of  his  having  such  knowledge,  give  information 
thereof  to  the  Governor  of  this  State,  some  of  the  justices  of  the 
superior  court  of  judicature  or  some  justice  of  the  peace,  such  per- 
son shall,  on  conviction  thereof  be  adjudged  guilty  of  misprison  of 
treason  and  shall  be  punished  by  imprisonment  in  the  common  gaol 
not  exceeding  seven  years,  and  by  fine  not  exceeding  two  thousand 
dollars. 


LAWS  OF   NEW  HAMPSHIRE  883 

Sect.  3.  And  be  it  further  enacted,  that  if  any  person  shall  com- 
mit wilful  murder,  such  person  shall,  on  conviction  thereof,  suffer 
death. 

Sect.  4.  And  be  it  further  enacted,  that  if  any  woman  shall 
endeavor  privately  to  conceal  the  death  of  any  issue  of  her  body, 
which,  if  born  alive,  would  by  law  be  a  bastard,  so  that  it  may  not 
come  to  light  whether  it  were  born  alive  or  not,  or  whether  it  were 
murdered  or  not,  in  every  such  case  the  mother  so  offending  shall 
be  punished  by  imprisonment  in  the  common  gaol  not  exceeding  two 
years,  or  may  be  fined  not  exceeding  one  thousand  dollars.  And 
where  the  grand  jury  shall  charge  in  the  same  indictment  any 
mother  with  the  murder  of  her  infant  bastard  child,  as  well  as  with 
the  offence  before  described  of  concealing  the  death  of  such  infant, 
the  jury  who  pass  upon  the  trial  may  acquit  as  to  the  murder,  and 
convict  of  the  said  offence  of  concealing  as  aforesaid. 

Sect.  5.  And  be  it  further  enacted,  that  no  person  shall  be  tried 
for  any  offence  for  which  capital  punishment  may  be  inflicted  until 
a  bill  of  indictment  be  found  against  him  for  such  offence  by 
the  grand  jury  attending  the  superior  court  of  judicature,  and  in 
all  criminal  causes  the  trial  shall  be  had  in  the  county  where  the 
offence  was  committed. 

Sect.  6.  And  be  it  further  enacted,  that  every  person  indicted 
for  treason  or  any  other  crime  the  punishment  of  which  is  or  shall 
be  death,  shall  be  entitled  to  a  copy  of  the  indictment  found  against 
him  before  such  person  be  arraigned  thereon,  and  a  list  of  the 
witnesses  to  be  used  on  the  trial,  and  the  jurors  returned  to  serve 
on  the  same,  with  their  names  and  places  of  abode,  shall  be  deliv- 
ered to  the  prisoner  forty-eight  hours  before  the  trial,  and  the 
prisoner  shall  at  his  request  have  counsel  learned  in  the  law  as- 
signed him  by  the  court,  not  exceeding  two,  and  such  counsel 
shall  have  access  to  the  prisoner  at  all  seasonable  hours;  and 
the  prisoner  shall  have  liberty  to  make  his  full  defence  by 
counsel  and  by  himself,  and  to  make,  any  proof  by  lawful  witnesses 
that  he  may  produce:  and  such  prisoner  shall  have  the  like  process 
from  the  court  before-  whom  the  trial  may  be  to  compel  witnesses  to 
appear  and  testify  at  the  trial,  as  is  usually  granted  to  compel 
witnesses  to  appear  and  testify  on  prosecutions  against  persons  ac- 
cused. 

Sect.  7.  And  be  it  further  enacted,  that  if  any  person  indicted 
for  treason  against  this  State,  or  for  any  other  offence  for 
which  the  punishment  by  law  is  or  shall  be  death,  shall  stand  mute 
when  arraigned  thereupon,  a  jury  shall  forthwith  be  empanelled 
and  sworn  to  try  whether  the  person  so  standing  mute  standeth 
mute  by  the  providence  of  God,  or  fraudulently,  wilfully  and 
obstinately;  and  if  they  shall  return  their  verdict  that  the  prisoner 
standeth  mute  by  the  providence  of  God,  the  court  shall  there- 
upon cause  the  prisoner  to  be  remanded  to  prison  and  shall  not  pro- 


884  LAWS  OF   NEW  HAMPSHIRE 

ceed  against  him  until  he  shall  have  recovered  therefrom;  but  if 
the  jury  return  their  verdict  that  the  prisoner  standeth  mute  fraud- 
ulently, wilfully  and  obstinately,  then  the  court  shall  proceed  to 
the  trial  of  the  prisoner  so  standing  mute  as  if  he  had  pleaded  not 
guilty,  and  shall  render  judgment  accordingly;  except  that  the 
prisoner,  so  standing  mute,  shall  not  be  allowed  to  make  any  chal- 
lenges to  the  jurors. 

Sect.  8.  And  be  it  further  enacted,  that  every  person  indicted 
for  treason  or  any  other  crime  the  punishment  of  which  is  or  shall 
be  death,  who  shall  have  duly  pleaded  to  the  indictment  found 
against  him,  and  shall  have  put  himself  on  the  country  for  trial,  shall 
be  permitted  to  challenge  without  assigning  any  reason  for  such 
challenge,  twenty  of  the  jurors,  and  as  great  a  number  further  as  he 
can  show  legal  cause  for  challenging;  and  if  any  person  indicted  as 
aforesaid,  after  having  voluntarily  pleaded  as  aforesaid,  shall  refuse 
to  put  himself  on  the  country  for  trial,  or  shall  peremptorily  chal- 
lenge a  greater  number  than  twenty  of  the  jurors  as  aforesaid,  the 
Court  shall  disallow  all  such  peremptory  challenges,  above  the 
number  of  twenty;  and  the  jury  shall  be  charged,  and  the  trial  shall 
proceed,  in  like  manner  in  all  respects,  and  the  like  judgment  shall 
be  given,  or  if  the  person,  so  refusing  to  put  himself  on  the  country 
for  trial,  or  so  challenging  a  greater  number  than  twenty  of  the 
jurors,  without  assigning  any  cause,  had  duly  put  himself  on  the 
country  for  trial,  and  had  not  peremptorily  challenged  a  greater 
number  of  jurors  than  by  law  he  might  or  could  have  done. 

Sec.  9.  And  be  it  further  enacted,  That  the  Attorney  General, 
or  other  person  prosecuting  in  behalf  of  the  State,  shall  not  be  al- 
lowed, in  any  case,  peremptorily  to  challenge  any  juror,  about  to 
be  empannelled  for  the  trial  of  any  criminal  accusation  or  charge. 
Sec.  10.  And  be  it  further  enacted,  That  if  any  person  shall 
be  convicted  of  any  crime  at  common  Law,  wherein  by  Law  the  ben- 
efit of  clergy  has  been  heretofore  allowed,  and  for  which,  without 
such  benefit  of  clergy,  he  must  have  been  sentencd  to  suffer  death, 
such  person  shall  not  be  entitled  to  the  benefit  of  clergy;  but,  instead 
of  the  punishment  of  death,  such  person  shall  be  punished  by  a  fine 
not  exceeding  three  thousand  Dollars;  and  by  imprisonment  in  the 
common  Gaol  not  exceeding  two  years;  or  by  one  or  more  of  the 
foregoing  punishments,  at  the  discretion  of  the  Court  before  whom 
the  conviction  may  be. 

Sect.  11.  And  be  it  further  enacted,  That  the  benefit  of  clergy 
shall  not  be  used  or  allowed  upon  conviction  of  any  crime,  for 
which,  by  any  statute  of  this  State,  the  punishment  is  or  shall  be 
declared  to  be  death. 

Sect.  12.  And  be  it  further  enacted,  That  no  person  shall  be 
tried  for  any  treason  against  this  State,  unless  the  indictment  for 
the  same  be  found  within  two  years  next  after  the  offence  may  have 
been  committed, 


LAWS  OF  NEW  HAMPSHIRE  885 

Sect.  13.  And  be  it  further  enacted,  That  the  manner  of  in- 
flicting the  punishment  of  death  shall  be  by  hanging  the  person  con- 
victed, by  the  neck  untill  dead. 

Sect.  15,  And  be  it  further  enacted,  That  if  any  person  shall 
assault  or  beat  another,  or  in  any  way  break  the  peace,  such  person 
shall  be  punished  by  a  fine  not  exceeding  ten  Dollars,  and  may  be 
holden  to  recognise,  with  sureties,  to  keep  the  peace  and  be  of  good 
behaviour  for  a  term  not  exceeding  one  year. 

Sect.  16.  And  be  it  further  enacted,  That  if  any  person  shall 
knowingly  and  wilfully  obstruct  or  oppose  any  Sheriff  or  other  offi- 
cer of  this  State,  in  serving  or  attempting  to  serve  or  execute  any 
mesne  process  or  warrant,  or  any  rule  or  order  of  any  of  the  Courts 
of  this  State,  any  legal  order  or  command  of  any  Justice  of  the 
Peace  within  this  State,  or  any  other  legal  or  judicial  writ  or  process 
whatsoever;  or  shall  assault,  beat,  or  wound,  any  officer,  or 
other  person  duly  authorised,  in  serving  or  executing  any  writ  rule 
order  process,  or  warrant  as  aforesaid;  or  if  any  person  shall  by 
force  set  at  liberty  or  rescue  any  person  arrested  or  committed  by 
virtue  of  any  mesne  process,  order,  warrant,  writ  of  execution,  or 
other  writ  issuing  from  any  Court  of  record,  or  any  Justice  of  the 
Peace,  within  this  State;  in  any  civil  cause,  or  in  any  criminal  cause 
not  capital;  such  person  shall  be  punished  by  imprisonment  in  the 
common  Gaol  not  exceeding  one  year,  and  by  a  fine  not  exceeding 
three  hundred  Dollars. 

Sect.  17.  And  be  it  further  enacted,  That  if  any  persons  to  the 
number  of  twelve  or  more,  being  armed  with  clubs  or  other 
weapons;  or  if  any  persons,  to  the  number  of  thirty  or  more,  shall  be 
unlawfully,  riotously,  routously  and  tumultuously  assembled;  any 
Justice  of  the  Peace  in  the  county,  sheriff  of  the  county,  or  his  dep- 
uty, or  any  constable  of  the  town  wherein  such  assembly  may 
be,  shall,  among  the  rioters,  or  as  near  to  them  as  he  can  safely 
come,  command  silence,  while  proclamation  is  making,  and  shall 
then  proceed  to  make  proclamation  in  those  or  the  like  words 

"By  virtue  of  a  law  of  this  State,  I  am  directed  to  charge  and 
command,  and  do  accordingly,  in  the  Name  of  the  State  of  New 
Hampshire,  charge  and  command  all  persons  here  assembled  to 
disperse  immediately,  and  depart  peaceably  to  their  respective  hab- 
itations or  lawful  employment" — and  if  any  person  or  persons  shall 
continue  so  unlawfully,  riotously,  routously,  or  tumuluously  assem- 
bled, after  proclamation  made  as  aforesaid;  or  shall  wilfully  and 
forcibly  obstruct  or  hinder  any  such  officer  who  shall  be  known,  or 
shall  openly  declare  himself,  to  be  such,  from  making  said  proclama- 
tion; every  such  person  or  persons,  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  Dollars,  and  by  imprisonment  in  the  corn- 
man  gail  not  exceeding  one  year. 

Sect.  18.     And  be  it  further  enacted,  That  if  any  person  shall 
openly  deny  the  being  of  a  God,  or  shall  wilfully  blaspheme  the  name 


886  LAWS  OF   NEW   HAMPSHIRE 

of  God,  Jesus  Christ  or  the  Holy  Ghost;  or  shall  curse  or  reproach 
the  word  of  God,  that  is;  the  canonical  Scriptures  contained  in  the 
books  of  the  Old  and  New  Testament,  namely,  Genesis,  Exodus, 
Leviticus,  Numbers,  Deuteronomy,  Joshua,  Judges,  Ruth,  Samuel, 
Kings,  Kings,  Chronicles,  Chronicles,  Ezra,  Nehemiah,  Esther,  Job, 
Psalms,  Proverbs,  Ecclesiastes,  The  song  of  Solomon,  Isaiah,  Jere- 
miah, Lamentations,  Ezekiel,  Daniel,  Hosea,  Joel,  Amos,  Obadiah, 
Jonah,  Micah,  Nahum,  Habakkuk,  Zephaniah,  Haggai,  Zechariah, 
Malachi,  Matthew,  Mark,  Luke,  John,  Acts,  Romans,  Corinthians, 
Corinthians  Galations  Ephesians,  Phillippians,  Colossians,  Thessa- 
lonians,  Thessalonians,  Timothy,  Timothy,  Titus,  Philemon,  He- 
brews, James,  Peter,  Peter,  John,  John,  John,  Jude,  Revelations; 
such  persons  shall  be  punished  by  a  fine  not  exceeding  two  hundred 
dollars,  and  may  be  holden  to  recognize,  with  sureties,  for  his  good 
behaviour,  for  a  term  not  exceeding  one  year. 


[CHAPTER  102.] 


State  of  \ 

New  Hampshire.  \ 


An  act  relating  to  the  organization  and  equipment  of  the 
Militia,  and  for  other  purposes. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  383.  Session  Laws,  1828, 
Chap.  102.  Laws,  1830  ed.,  p.  399.  Partly  repealed  by  act  of  January  13, 
1837,  Session  Laws,  1836,  November  session,  Chap.  296.  Wholly  repealed  by 
act  of  December  23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives in  General  Court  convened. 

1.  That  the  Companies  in  the  Town  of  Portsmouth  shall  con- 
stitute the  first  Regiment. 

2.  That  the  Companies  in  the  Towns  of  Dover,  and  Somers- 
worth  shall  constitute  the  second  Regiment. 

3.  That  the  Companies  in  the  towns  of  Hampton,  North  Hamp- 
ton, Hampton  falls,  Seabrook,  Kensington  and  South  Hampton, 
shall  constitute  the  third  Regiment 

4.  That  the  Companies  in  the  Towns  of  Exeter,  Newmarket 
Brentwood  Poplin  and  Epping  shall  constitute  the  fourth  Regiment 

5.  That  the  Companies  in  the  Towns  of  Amherst,  Merrimack 
Litchfield,  Montvernon,  Milford,  Dunstable,  Hollis,  Nottingham 
West  and  Brookline  shall  constitute  the  fifth  Regiment 

6.  That  the  companies,  in  the  Towns  of  Richmond  Winchester, 
Swanzey,  Chesterfield  and  Hinsdale  shall  constitute  the  sixth  Regi- 
ment. 

7.  That  the  companies  in  the  Towns  of  Kingston,  East  Kings- 


LAWS  OF   NEW   HAMPSHIRE  887 

ton,  Hawke,  Newtown,  Atkinson,  Plaistow  Hampstead  and  Sandown, 
shall  constitute  the  Seventh  Regiment. 

8.  That  the  Companies  in  the  Towns  of  Derry,  Londonderry, 
Salem,  Pelham  and  Windham  shall  constitute  the  eighth  Regiment. 

9.  That  the  companies  in  the  Towns  of  Manchester,  Goffstown, 
Dunbarton,  Bedford  New  Boston,  and  Weare  shall  constitute  the 
ninth  Regiment 

10.  That  the  Companies  in  the  Towns  of  Gilmanton,  Gilford  and 
Barnstead  shall  constitute  the  tenth  Regiment. 

n.  That  the  Companies  in  the  Towns  of  Concord,  Pembroke, 
Bow,  Allenstown  and  Hooksett  shall  constitute  the  eleventh  Regi- 
ment. 

12.  That  the  Companies  in  the  Towns  of  Rindge,  Jaffrey,  Fitz- 
william,  Roxbury,  Dublin  Marlborough,  Nelson  and  Troy  shall  con- 
stitute the  twelfth  Regiment. 

13.  That  the  Companies  in  the  Towns  of  Haverhill,  Piermont, 
Orford,  Wentworth  Warren  and  Coventry  shall  constitute  the  thir- 
teenth Regiment 

14.  That  the  Companies  in  the  Towns  of  Plymouth,  Holderness, 
Rumney,-  Campton  Thornton,  Ellsworth  Peeling,  the  inhabitants  of 
Lincoln  on  the  east  side  of  the  mountain,  the  inhabitants  of  Thorn- 
ton Gore,  and  the  inhabitants  of  Gillis'  and  Foss'  grant  shall  con- 
stitute the  fourteenth  Regiment. 

15.  That  the  Companies  in  the  Towns  of  Plainfield,  Cornish, 
Claremont  and  the  west  company  in  Grantham  shall  constitute  the 
fifteenth  Regiment 

16.  That  the  Companies  in  the  Towns  of  Charlestown,  Langdon, 
Acworth  and  LTnity  shall  constitute  the  sixteenth  Regiment. 

17.  That  the  Companies  in  the  Towns  of  Chester  Candia,  and 
Raymond  shall  constitute  the  seventeenth  Regiment. 

18.  That  the  Companies  in  the  Towns  of  Nottingham  Deerfield, 
Epsom,  Northwood  and  Pittsfield  shall  constitute  the  eighteenth 
Regiment. 

19.  That  the  Companies  in  the  Towns  of  Moultonborough, 
Centre  Harbour,  Sandwich  and  Tamworth  shall  constitute  the  nine- 
teenth Regiment 

20.  That  the  Companies  in  the  Towns  of  Walpole,  Westmore- 
land, Keene,  Surry  Gilsum  and  Sullivan  shall  constitute  the  twen- 
tieth Regiment 

21.  That  the  Companies  in  the  Towns  of  Boscawen,  Salisbury, 
Andover,  and  Franklin  shall  constitute  the  twenty  first  Regiment 

22.  That  the  Companies  in  the  Towns  of  New  Ipswich,  Sharon, 
Mason,    Peterborough,   Temple,   Lyndeborough   and   Wilton   shall 
constitute  the  twenty  second  Regiment. 

23.  That  the  Companies  in  the  Towns  of  Hanover,  Lebanon,  and 
Lyme,  shall  constitute  the  twenty  third  Regiment. 


888  LAWS  OF   NEW  HAMPSHIRE 

24.  That  the  Companies  in  the  Towns  of  Lancaster,  Jefferson, 
Dalton,  Northumberland,  Whitefield,  Brettonwoods,  Kilkenny  Ran- 
dolph, and  Nash  and  Sawyers  location  Piercy.  Stratford,  Columbia, 
Colebrook,  Stewartstown,  Errol  and  the  College  Grant,  shall  con- 
stitute the  twenty  fourth  Regiment. 

25.  That  the  Companies  in  the  Towns  of  Durham,  Lee,  Mad- 
bury,  Strafford  and  Barrington  shall  constitute  the  twenty  fifth  Reg- 
iment 

26.  That  the  Companies  in  the  Towns  of  Antrim  Deering,  Hills- 
borough, Windsor,  Hancock,  Francestown,  Greenfield  and  Society 
Land  shall  constitute  the  twenty  sixth  Regiment. 

2  7  That  the  Companies  in  the  Towns  of  Wolfeborough  Tufton- 
borough,  Ossipee,  Effingham  and  the  north  Company  in  Wakefield 
shall  constitute  the  twenty  seventh  Regiment. 

28  That  the  Companies  in  the  Towns  of  Alstead,  Marlow  Lemp- 
ster,  Stoddard,  and  Washington,  shall  constitute  the  twenty  eighth 
Regiment 

29.  That  the  Companies  in  the  Towns  of  Sandbornton,  Mere- 
dith, and  New  Hampton  shall  constitute  the  twenty  ninth  Regiment. 

30.  That  the  Companies  in  the  Towns  of  New  London,  Fishers- 
field,  Wilmot  Bradford  and  Sutton,  shall  constitute  the  thirtieth 
Regiment. 

31.  That  the  Companies  in  the  Towns  of  Newport,  Wendall, 
Goshen,  Croydon,  Springfield,  and  the  east  Company  in  Grantham, 
shall  constitute  the  thirty  first  Regiment. 

32.  That  the  Companies  in  the  Towns  of  Bath,  Lyman,  Landaff, 
Lisbon,  Littleton  Bethlehem,  Franconia  and  that  part  of  Lincoln,  on 
the  west  side  of  the  mountain  shall  constitute  the  thirty  second  Reg- 
iment. 

^^.  That  the  Companies  in  the  Towns  of  New  Durham,  Alton, 
Middleton,  Brookfield  and  the  southerly  company  in  Wakefield 
shall  constitute  the  thirty  third  Regiment. 

34.  That  the  Companies  in  the  Towns  of  New  Chester,  Bridge- 
water,  Bristol,  Alexandria,  Groton,  Hebron,  and  Danbury  shall  con- 
stitute the  thirty  fourth  Regiment. 

35.  That  the  Companies  in  the  Towns  of  New  Castle,  Rye, 
Greenland,  Newington  and  Stratham  shall  constitute  the  thirty  fifth 
Regiment 

36.  That  the  Companies  in  the  Towns  of  Eaton,  Burton,  Con- 
way, Bartlett,  Adams  and  Chatham,  shall  constitute  the  thirty  sixth 
Regiment 

37.  That  the  Companies  in  the  Towns  of  Canaan,  Dames  Gore, 
Dorchester,  Orange  Enfield  and  Grafton  shall  constitute  the  thirty 
seventh  Regiment. 

38.  That  the  Companies  in  the  Towns  of  Chichester,  Canter- 
bury, Loudon  and  Northfield  shall  constitute  the  thirty  eighth  Reg- 
iment. 


LAWS  OF   NEW   HAMPSHIRE  889 

39.  That  the  Companies  in  the  Towns  of  Rochester,  Farming- 
ton,  and  Milton  shall  constitute  the  thirty  ninth  Regiment. 

40.  That  the  Companies  in  the  Towns  of  Hopkinton,  Henniker 
and  Warner,  shall  constitute  the  fortieth  Regiment. 

Section  2.     And  be  it  further  enacted, 

1.  That  the  first,  third,  fourth,  seventh  and  thirty  fifth  Regi- 
ments, shall  compose  the  first  Brigade. 

2.  That  the  second,  tenth,  nineteenth,  twenty  fifth,  twenty  sev- 
enth, twenty  ninth  thirty  third,  thirty  sixth,  and  thirty  ninth  regi- 
ments shall  compose  the  second  Brigade. 

3.  That  the  eighth,  eleventh,  seventeenth  eighteenth,  and  thirty 
eighth  Regiments  shall  compose  the  third  Brigade. 

4.  That  the  fifth,  ninth,  twenty  first  and  twenty  second,  twenty 
sixth,  thirtieth  and  fortieth,  Regiments  shall  compose  the  fourth 
Brigade. 

5.  That  the  sixth,  twelfth,  fifteenth  sixteenth,  twentieth  twenty 
eighth  and  thirty  first  Regiments  shall  compose  the  fifth  Brigade 

6.  That  the  thirteenth,  fourteenth  twenty  third,  twenty  fourth, 
thirty  second  thirty  fourth,  and  thirty  seventh  Regiments  shall  com- 
pose the  sixth  Brigade. 

That  the  first  and  third  Brigades  shall  form  the  first  Division. 

That  the  second  and  sixth  Brigades  shall  form  the  second  Divi- 
sion. 

That  the  fourth  and  fifth  Brigades  shall  form  the  third  Divi- 
sion. 

Section  3.  And  be  it  further  enacted  That  each  Division  shall 
be  commanded  by  a  Major  General  who  shall  have  one  Division  In- 
spector, with  the  rank  of  Colonel,  and  two  Aides  de  camp  with  the 
rank  of  major,  to  be  by  him  appointed  and  to  hold  their  offices  dur- 
ing his  pleasure. 

And  each  Brigade  shall  be  commanded  by  a  Brigadier  General, 
who  shall  have  one  Brigade  Inspector,  who  shall  perform  the  duties 
of  Brigade  Major,  and  one  Brigade  Quarter-master,  each  with  the 
rank  of  major,  and  one  aid  de  camp  with  the  rank  of  Captain  to  be 
appointed  by  the  Brigadier  General  and  to  hold  their  offices  during 
his  pleasure,  and  to  each  Brigade  there  shall  be  one  judge  advocate 
with  the  rank  of  Major,  to  be  appointed  by  the  Governor  and  Coun- 
cil and  to  hold  his  office  during  good  behavior. 

Section  4.  And  be  it  further  enacted  That  there  shall  be  to  each 
Regiment  one  Colonel,  one  Lieutenant  Colonel  and  one  Major  The 
regimental  Staff  shall  consist  of  one  Adjutant,  to  rank  as  Captain, 
one  Quartermaster  and  one  Paymaster  to  rank  as  Lieutenants,  one 
Chaplain,  one  surgeon,  and  one  surgeons  mate  to  be  appointed  by 
the  Colonel  and  commissioned  by  the  Governor,  one  Sergeant  major 
one  quarter  master  sergeant,  one  fife  major  and  one  drum-major  to 
be  appointed  by  the  Colonel;  all  of  whom  shall  hold  their  offices 
during  the  pleasure  of  the  Colonel. 


89O  LAWS  OF   NEW   HAMPSHIRE 

Section  5.  And  be  it  further  enacted  That  each  company  of  In- 
fantry shall  consist  of  one  Captain  one  Lieutenant  and  one  Ensign 
to  be  appointed  by  the  Field  Officers  and  commissioned  by  the  Gov- 
ernor, four  Sergeants,  the  first  or  orderly  sergeant  to  be  clerk  of  the 
Company  four  Corporals,  one  drummer,  one  fifer  and  sixty  four  rank 
and  file,  the  corporals  to  be  included  in  the  rank  and  file.  And  all 
sergeants  and  Corporals  shall  be  appointed  by  the  Captain  and 
subalterns  of  the  company,  the  sergeants  warrants  to  be  signed  by 
the  Colonel,  and  shall  hold  their  offices  during  their  pleasure. 

To  each  Regiment,  there  may  be  two  companies  of  Grenadiers 
or  Light  Infantry  and  no  more,  which  shall  consist  of  forty  two 
rank  and  file,  and  shall  be  officered  in  the  same  manner  as  the  In- 
fantry Companies. 

There  shall  be  to  each  Regiment  one  Company  of  Artillery,  to 
consist  of  one  Captain  two  Lieutenants,  four  Sergeants  four  Cor- 
porals six  gunners,  six  bombardiers,  two  drivers,  one  drummer,  one 
fifer  and  sixteen  matrosses. 

There  shall  be  to  each  Regiment,  one  company  of  Cavalry,  to 
consist  of  one  Captain,  two  Lieutenants  one  cornet,  four  sergeants, 
four  corporals  two  musicians,  one  farrier,  one  saddler  and  fifty  pri- 
vates. 

The  field  Officers  of  each  Regiment,  with  consent  of  the  Briga- 
dier General,  may  organize  two  companies  of  Riflemen,  which  may 
consist  of  thirty  six  rank  and  file  and  shall  be  officered  like  the 
Infantry  Companies.  Provided,  that  this  act  shall  not  be  so  con- 
strud  as  to  affect  the  existence  of  any  company  of  Light  Infantry, 
Grenadiers,  Riflemen  or  Cavalry  now  formed  and  duly  organized 

Section  6.  And  be  it  further  enacted,  that  all  general  and  field 
officers  shall  reside  within  the  limits  of  their  respective  commands, 
all  officers  of  Artillery  and  Cavalry  within  their  respective  Regi- 
ments: all  officers  of  Light  Infantry,  Grenadiers  and  Riflemen 
within  the  limits  assigned  them  for  enlisting  their  respective  com- 
panies and  all  officers  of  Infantry  within  the  limits  of  their  com- 
panies; and  if  any  officer  shall  remove  without  such  limits  to  reside 
without  resigning  his  commission,  it  shall  be  considered  a  sufficient 
cause  for  an  address  for  his  removal  Provided  that  where  the 
several  companies  in  any  town  shall  constitute  one  Regiment,  in 
that  case,  the  several  officers  shall  reside  within  the  limits  of  the 
Regiment. 

Section  7.  And  be  it  further  enacted  that  all  general,  field  and 
commissioned  staff  officers  who  have  a  rank  assigned  them  shall 
be  armed  with  a  sword  and  pair  of  Pistols  and  shall  be  severally 
furnished  with  a  good  horse  of  at  least  fourteen  and  a  half  hands 
high,  a  good  saddle  and  bridle,  mail  pillion  valise  and  holsters  and 
a  pair  of  boots  and  spurs, 

All  Captains  and  subalterns  and  non-commissioned  staff  officers 
shall  be  armed  with  a  sword.     All  commissioned  officers  and  pri- 


LAWS  OF   NEW  HAMPSHIRE  89 1 

vates  belonging  to  the  Infantry,  Light  Infantry  and  Grenadiers  shall 
be  armed  with  a  good  firelock  with  a  steel  or  iron  ramrod  and  a 
bayonet,  and  equipped  with  a  priming  wire  and  brush,  bayonet 
scabbard  and  belt  a  cartridge  box  that  will  contain  twenty  four 
cartridges,  suited  to  the  bore  of  his  firelock,  two  spare  flints,  a 
knapsack  and  canteen,  All  officers  and  privates  of  the  Cavalry 
shall  be  armed  with  a  proper  horsemans  sword  and  a  pair  of  pistols, 
and  shall  severally  furnish  themselves  with  a  good  horse  of  at  least 
fourteen  and  a  half  hands  high,  a  good  saddle  and  bridle,  mail 
pillion  and  valise,  holsters  the  caps  of  which  shall  be  of  bear  skin, 
a  cartridge  box  to  contain  twelve  cartridges  and  a  pair  of  Boots  and 
Spurs.  All  noncommissioned  officers  and  privates  belonging  to  any 
company  of  Riflemen  shall  be  armed  with  a  good  Rifle  and  equipped 
with  a  knapsack  and  canteen.  All  non  commissioned  officers  and 
privates  of  the  artillery  shall  be  armed  with  swords  and  equipped 
with  a  knapsack  and  canteen.  Each  company  of  Artillery,  now 
formed,  or  that  hereafter  may  be  formed  when  organized  shall  be 
furnished  at  the  expence  of  the  State,  with  one  piece  of  ordnance, 
with  carriage,  harness  and  apparatus  complete.  And  to  each  piece 
of  ordnance  there  shall  be  annually  allowed,  and  paid  to  the  com- 
manding officer  of  the  company  the  sum  of  seven  dollars  for  fur- 
nishing said  piece  with  powder,  and  portfire  and  for  hiring  horses 
on  regimental  muster  days;  and  five  dollars  shall  be  annually  paid 
to  said  captain  cr  commanding  officer  on  his  producing  satisfactory 
evidence  that  it  has  been  expended  in  repairing  said  piece,  carriage 
or  harness  or  so  much  thereof  as  shall  appear  to  have  been  so  ex- 
pended. 

Section  8.  And  be  it  further  enacted  that  where  there  is  any 
company  of  artillery  now  formed,  and  no  gunhouse  provided  for  se- 
curing the  Field  Piece  belonging  to  such  company  or  where  any  com- 
pany of  Artillery  may  hereafter  be  formed,  it  shall  be  the  duty  of 
the  Captain  of  such  Company  to  cause  a  suitable  building  to  be 
erected  to  contain  such  piece,  on  the  ground  which  shall  be  agreed 
on  by  the  field  officers  of  the  regiment  to  which  he  belongs,  first 
obtaining  a  deed  of  the  land  on  which  such  Gunhouse  is  to  be 
erected,  vesting  the  fee  of  the  same  in  the  State  of  New  Hampshire 
which  deed  shall  be  lodged  in  the  office  of  the  Secretary  of  the 
State:  and  such  captain  may  present  a  bill  for  the  labor  and  mate- 
rials for  erecting  such  Gunhouse  to  the  Legislature  and  receive 
such  sum,  as  may  be  thought  reasonable  not  exceeding  fifty  dollars. 
Provided  that  nothing  shall  be  paid  for  erecting  a  Gun  house  until 
the  deed  aforesaid  shall  be  lodged  in  the  Secretarys  office  as  afore- 
said; and  provided  also,  that  the  field  officers  of  the  regiment  to 
which  any  Gunhouse  may  belong  shall  have  power  to  remove  the 
same  whenever  in  their  opinion  the  artillery  company  in  such 
regiment  shall  be  better  accommodated  thereby;  they  first  causing 
the  title  of  the  land  to  which  such  Gunhouse  may  be  removed  to  be 


892  LAWS   OF   NEW  HAMPSHIRE 

vested  in  the  state.  Provided  nevertheless  that  no  account  for  any 
Gunhouse  shall  be  allowed,  except  the  same  be  accompanied  by  a 
certificate  from  the  field  Officers  of  the  Regiment  in  which  such 
gunhouse  is  erected,  approving  the  same. 

Section  9.  And  be  it  further  enacted  that  the  several  companies 
of  light  Infantry,  Grenadiers,  riflemen,  artillery  and  cavalry  shall 
be  formed  by  voluntary  enlistment  from  the  infantry  of  the  Reg- 
iments: but  no  person  shall  be  enlisted  from  any  company  of  in- 
fantry which  is  not  full,  unless  by  special  permission  of  the  field 
officers  which  permission  shall  be  recorded  in  the  orderly  book  of 
the  regiment  nor  shall  any  such  permission  be  granted  by  which 
any  company  shall  be  reduced  below  forty  two  rank  and  file  and  no 
enlistment  shall  be  of  any  effect  until  the  person  enlisting  shall 
leave  with  the  clerk  of  the  company,  from  which  he  enlists,  a 
written  notice  of  such  enlistment,  and  if  such  enlistment  is  by 
permission  of  the  field  officers,  a  copy  of  such  permission;  nor 
until  such  person  so  enlisting  shall  be  uniformed  and  equipped  to 
do  duty  in  the  company  into  which  he  enlists 

Section  10.  And  be  it  further  enacted  that  every  person  who 
shall  enlist  into  any  volunteer  company,  shall  be  holden  to  do  duty 
therein  for  the  term  of  five  years,  unless  sooner  discharged  by  order 
of  the  commanding  officer  of  the  regiment  in  which  such  corps  is 
formed,  or  unless  he  arrives  at  the  age  of  forty  years,  and  any  non 
commissioned  officer  or  private  belonging  to  a  volunteer  company 
on  his  own  application,  or  on  the  application  of  the  commissioned 
officers  of  such  company,  may  be  discharged  by  the  commanding 
officer  of  the  regiment  from  such  company;  of  which  discharge  the 
said  commanding  officer  shall  immediately  give  notice  to  the  cap- 
tain of  the  company  of  infantry,  within  whose  limits  the  non 
commissioned  officer  or  private  so  discharged  shall  reside;  and 
such  non  commissioned  officer  or  private  shall  be  liable  to  do  mil- 
itary duty  in  such  infantry  company,  as  though  he  had  not  enlisted. 

Section  11.  And  be  it  further  enacted  that  any  company  of  in- 
fantry, light  infantry  grenadiers  riflemen  artillery  or  cavalry,  which 
shall  become  reduced  in  numbers  below  one  half  the  number  of 
non  commissioned  officers  and  privates  of  which  said  company 
should  by  law  consist,  may  be  disbanded  by  the  field  officers  of  the 
regiment:  in  which  case  the  non  commissioned  officers  and  soldiers 
of  such  company,  if  of  infantry,  shall  be  annexed  by  such  field  offi- 
cers to  some  adjoining  company  and  if  it  be  a  volunteer  company 
shall  be  liable  to  do  military  duty  in  the  company  of  infantry  within 
whose  bounds  they  reside  in  the  same  manner,  as  if  they  had  never 
enlisted  in  such  company. 

Section  12.  And  be  it  further  enacted  that  the  rules  and  regu- 
lations for  the  field  exercise  and  manoeuvres  of  infantry,  compiled 
and  adopted  for  the  organization  of  the  army  of  the  United  States 
agreeably  to  a  resolve  of  Congress,  passed  December,  one  thousand 


LAWS  OF   NEW  HAMPSHIRE  893 

eight  hundred  and  fourteen  be  received  adopted  and  established  as 
the  rules  of  discipline  for  the  militia  of  this  state 

Section  13.  And  be  it  further  enacted,  That  in  forming  and 
parading  a  regiment  in  line  for  field  exercise  the  cavalry  shall  be 
placed  on  the  extreme  right,  the  artillery  on  the  left  of  the  cavalry, 
the  light  infantry  and  grenadiers  on  the  left  of  the  artillery,  and 
the  riflemen  if  any,  on  the  left  of  the  battalion  of  infantry.  The 
respective  ranks  of  captains  shall  in  all  cases  be  determined  by  the 
dates  of  their  commissions  and  if  two  or  more  captains  hold  com- 
missions of  the  same  date,  their  respective  ranks  shall  be  deter- 
mined by  their  prior  pretensions  or  former  commissions;  and  if 
they  have  no  prior  pretensions  the  oldest  man  shall  rank  first.  The 
cavalry,  artillery,  light  infantry  grenadiers,  infantry  and  riflemen 
shall  be  equally  under  the  command  of  the  colonel  or  other  com- 
manding officer  of  the  regiment  and  when  formed  in  regiment  all 
the  music,  except  cavalry  music,  shall  be  placed  together  as  the 
commanding  officer  shall  direct. 

Section  14.  And  be  it  further  enacted  that  every  officer,  non- 
commissioned officer,  and  private,  shall  constantly  keep  himself 
furnished  and  provided  with  the  arms  and  equipments  required  by 
law,  except  such  private  of  infantry  as  shall  not  be  able  to  pro- 
vide himself:  and  every  parent,  master  or  guardian  shall  furnish 
such  minors  liable  to  do  military  duty,  as  are  under  their  care  re- 
spectively, with  the  arms  and  equipments  aforesaid,  unless  such 
parent,  master  or  guardian  shall  be  unable  to  furnish  the  same;  and 
no  private  shall  be  considered  unable  to  provide  himself,  nor  any 
parent,  master  or  guardian  unable  to  furnish  any  minor  under  his 
care  with  such  arms  and  equipments,  unless  he  shall  produce  after 
the  first  day  of  April  and  before  the  first  day  of  May  annually  to 
the  commanding  officer  of  the  company  to  which  he  belongs,  a  cer- 
tificate of  such  inability  from  the  overseers  of  the  poor  of  the 
town  where  he  resides :  and  the  commanding  officer  of  such  company 
shall  forthwith  lay  such  certificate  before  the  selectmen  of  the 
town,  where  such  private  or  minor  resides:  and  it  shall  be  the  duty 
of  such  selectmen  forthwith  at  the  expence  of  their  respective 
towns,  to  provide  for  every  such  person  the  arms  and  equipments 
aforesaid  and  they  shall  deposit  the  same  in  some  safe  and  con- 
venient place,  and  shall  permit  the  commanding  officer  of  the  com- 
pany to  which  such  person  belongs,  to  deliver  such  arms  and 
equipments  to  such  private  or  minor  whenever  his  company  shall 
be  ordered  out  for  military  duty;  and  the  said  commanding  officer 
shall  be  responsible  for  the  safe  return  of  such  arms  and  equip- 
ments to  the  place  of  deposit. 

Section  15.  And  be  it  further  enacted  that  every  officer,  non 
commissioned  officer  and  private  shall  hold  his  uniform  arms  and 
equipments  exempted  from  all  suits,  distresses  executions  or  sales 
for  any  debt,  damages  or  costs,  or  for  the  payment  of  taxes;  and 


894  LAWS   OF   NEW   HAMPSHIRE 

no  officer,  non  commissioned  officer,  musician  or  private  shall  be 
arrested  on  any  civil  process  during  his  going  to,  returning  from 
or  his  performance  of  military  duty,  and  no  officer  shall  be  ar- 
rested on  any  civil  process,  while  going  to  returning  from,  or  serv- 
ing upon  any  court  martial  or  court  of  inquiry  upon  which  it  may  be 
the  duty  of  such  officer  to  attend. 

Section  16.  And  be  it  further  enacted  that  the  Selectmen  of 
every  town  and  place  shall  pay  to  each  officer,  non  commissioned 
officer  and  private  within  their  respective  towns  or  places,  on  each 
regimental,  brigade  or  division  muster  who  shall  be  on  duty  thirty 
one  cents  to  be  paid  on  the  parade  where  such  musters  are,  and 
the  commanding  officer  of  each  company  shall  give  notice  of  the 
time  and  place  with  the  number  of  men  under  their  command  who 
are  liable  to  do  duty  to  the  Selectmen  of  the  town  or  place  where 
they  belong  at  least  six  days  previous  to  the  day  of  muster.  And  if 
the  selectmen  of  any  town  or  place  after  having  been  so  notified 
shall  neglect  or  refuse  to  pay  to  each  non  commissioned  officer  or 
private  the  above  sum  they  shall  forfeit  and  pay  the  sum  of  fifty 
cents  to  each  non  commissioned  officer  and  private  whom  they  shall 
neglect  to  pay  to  be  recovered  by  the  commanding  officer  of  the 
company  which  shall  be  so  neglected  in  any  court  or  before  any  Jus- 
tice proper  to  try  the  same,  to  be  paid  over  to  the  non  commissioned 
officers  and  privates  who  shall  have  been  neglected  to  be  paid  as 
aforesaid. 

Section  17.  And  be  it  further  enacted  that  in  case  of  actual  or 
threatened  invasion,  insurrection  or  other  public  danger  or  emer- 
gency, the  commander  in  chief  may  order  the  militia  or  part 
thereof  to  be  detached  and  the  officers  commanding  divisions, 
brigades  or  regiments  may  appoint  military  watches  or  guards  in 
such  place  or  places,  and  under  such  regulations,  as  they  may  judge 
necessary  and  all  officers  and  soldiers,  under  their  command  are  to 
yield  strict  obedience  to  their  orders  and  directions.  And  when- 
ever any  detachment  shall  be  ordered  to  be  made,  the  officers  shall 
be  regularly  detailed  from  the  rosters,  and  the  non  commissioned 
officers  and  privates  by  lot  from  the  company  rolls;  and  when  any 
company  shall  not  be  organized,  the  officer  commanding  the  regi- 
ment shall  either  by  himself  or  some  other  under  him  proceed  to 
make  and  complete  the  detachment  from  such  unorganized  com- 
pany. And  if  any  person  who  shall  be  duly  detached  or  drafted  in 
pursuance  of  proper  orders  for  that  purpose  after  being  notified  and 
ordered  to  march  to  the  place  of  rendezvous,  shall  neglect  or  refuse 
to  obey  such  orders,  and  shall  not  within  twenty-four  hours,  after 
he  shall  have  been  notified  as  aforesaid,  pay  a  fine  of  fifty  dollars 
to  the  commanding  officer  of  the  company  to  which  he  belongs,  or 
procure  an  able  bodied  man  in  his  stead,  he  shall  be  considered  as  a 
soldier  belonging  to  the  detachment,  and  dealt  with  accordingly; 
and  all  fines  paid  as  aforesaid  shall  be  appropriated  to  the  hire  of 


LAWS  OF   NEW  HAMPSHIRE  895 

men  to  complete  the  detachment.  And  all  persons  serving  on 
any  military  guards  or  watches  and  all  persons  detached  for 
actual  service  shall  be  punishable  for  misconduct,  while  in  such 
service  by  a  court  martial  to  be  appointed  by  the  commanding 
officer  of  such  guard  or  watch,  provided  he  be  a  field  officer,  and  in 
case  he  is  not,  then  by  the  commanding  officer  of  the  Regiment  to 
which  the  offender  belongs. 

Section  18.     And  be  it  further  enacted  that  this  act  shall  not 
take  effect  until  the  first  day  of  March  next. 


[CHAPTER  103.] 

State  of  I 

New  Hampshire.  \ 

An  act  to  facilitate  the  collection  of  taxes  tn  the  town  of 
Portsmouth. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  407.  Session  Laws,  1828, 
Chap.  10.3.  Laws,  1830  ed.,  p.  =68.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  it  shall  be  the  duty  of 
the  Selectmen  of  the  Town  of  Portsmouth  annually,  within  four- 
teen days  next  after  they  shall  have  entered  upon  the  duties  of  their 
office  to  appoint  a  Treasurer  for  said  Town,  who  shall  hold  his  office 
during  the  pleasure  of  the  said  Selectmen,  And  before  entering  upon 
the  duties  of  his  office  he  shall  take  the  oath  required  to  be  taken 
by  town  officers,  and  shall  give  bonds  in  a  sum  and  with  sureties 
satisfactory  to  said  Selectmen  for  the  faithful  discharge  of  the 
duties  of  his  office.  And  the  said  Selectmen  shall  agree  with  the 
said  Treasurer  upon  the  amount  of  his  compensation  in  behalf 
of  said  Town,  which  agreement  shall  be  in  writing  signed  by  said 
Selectmen  and  Treasurer. 

Section  2.  And  be  it  further  enacted,  That  the  Collector  of  the 
town  of  Portsmouth  shall  be  and  he  hereby  is  authorized  to  appoint 
under  him  such  number  of  Deputies  or  assistants  as  he  may  deem 
necessary  which  deputies  or  assistants  shall  give  bonds  to  the  Select- 
men for  the  faithful  discharge  of  their  duty  in  such  sum  and  with 
such  sureties  as  shall  be  satisfactory  to  said  Selectmen,  before  they 
shall  act  as  deputies  or  assistants  aforesaid;  and  the  said  deputies 
or  assistants  shall  have  the  same  powers  as  are  by  law  vested  in 
Collectors  of  taxes,  and  shall  be  subject  to  be  removed  at  pleasure  by 
the  said  Collector. 

Section  3  And  be  it  further  enacted.  That  all  those  inhabitants 
of  the  Town  of  Portsmouth  who  shall  pay  to  the  collector  of  said 
town  voluntarily  within  thirty  days  next  after  the  Selectmen  shall 


896  LAWS  OF   NEW  HAMPSHIRE 

have  committed  to  him  the  said  collector  the  list  of  the  assessments 
of  taxes  for  said  town  with  their  warrant  the  amount  of  their  respec- 
tive taxes,  shall  be  entitled  to  an  abatement  of  such  sum  as  the  said 
town  at  its  annual  meeting  shall  agree  upon  on  the  amount  of  their 
said  taxes.  And  all  such  inhabitants  as  shall  pay  their  taxes  to  the 
collector  within  sixty  days  after  the  time  aforesaid  shall  be  entitled 
to  such  abatement  as  may  be  agreed  upon  as  aforesaid,  upon  the 
amount  of  their  said  Taxes.  And  all  such  inhabitants  as  shall  pay 
their  said  taxes  to  the  collector  within  one  hundred  and  twenty  days 
next  after  the  time  aforesaid  shall  be  entitled  to  such  abatement  as 
may  be  agreed  upon  as  aforesaid  upon  their  said  taxes 

Section  4.  And  be  it  further  enacted,  That  after  the  expiration 
of  the  said  one  hundred  and  twenty  days  it  shall  be  the  duty  of  the 
collector  forthwith  to  notify  all  the  inhabitants  who  may  not  have 
paid  their  respective  taxes  by  delivering  to  each  one  personally  or 
causing  to  be  delivered,  or  by  leaving  or  causing  to  be  left  at  the 
last  and  usual  place  of  abode  of  each  a  notice  written  or  printed  set- 
ting forth  the  amount  of  the  tax  due  from  the  person  notified;  and 
unless  the  same  is  paid  together  with  twenty  cents  more  for  said 
notice  within  fifteen  days  from  the  time  when  said  notice  is  deliv- 
ered or  left  the  said  Collector  or  his  deputy  shall  distrain  the  goods 
and  chattels  of  the  persons  delinquent  according  to  law. 

Section  5  And  be  it  further  enacted.  That  this  act  shall  not 
take  effect  until  the  inhabitants  of  said  town  of  Portsmouth  shall 
vote  to  adopt  the  same  at  a  legal  town  meeting 

Section  6.  And  be  it  further  enacted,  That  any  town  or  towns 
in  this  State  at  their  annual  meeting  or  at  any  other  meeting  law- 
fully called  for  this  purpose  may  adopt  such  of  the  provisions  of 
the  foregoing  act  as  they  may  deem  expedient,  and  necessary,  in 
which  case  such  provisions  so  adopted  shall  be  considered  to  extend 
to  such  town  or  towns  adopting  the  same  as  fully  to  all  intents  and 
purposes  as  to  the  Town  of  Portsmouth. 


[CHAPTER  104.] 

State  of  } 

New  Hampshire.  ( 

An  act  to  divide  the  State  into  five  districts  for  the  choice 
of  Counsellors. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  411.  Session  Laws,  1828, 
Chap.  104.  Laws,  1830  ed.,  p.  310.  Repealed  by  act  of  December  23,  1842. 
See  Revised  Statutes   (1842),  Chap.  230.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  State  be  divided  into  the  follow- 
ing districts,  numbered  from  one  to  five,  each  of  which  shall  have 


LAWS  OF  NEW  HAMPSHIRE  £>97 

the  right  of  choosing  one  Counsellor  for  said  State  annually  pur- 
suant to  the  Constitution: 

District  No  i.  To  contain  the  County  of  Rockingham  and  the 
following  towns  in  the  County  of  Merrimack,  to  wit,  Allenstown, 
Bow,  Canterbury,  Chichester,  Concord,  Epsom,  Loudon,  North- 
field,  Pembroke  and  Pittsfield. 

District  No  2.     To  contain  the  County  of  Strafford. 

District  No.  3.  To  contain  the  County  of  Hillsborough,  and 
the  following  towns  in  the  County  of  Merrimack,  to  wit,  Andover, 
Boscawen,  Bradford,  Dunbarton,  Fishersfield,  Franklin  Henniker, 
Hooksett,  Hopkinton,  New  London,  Salisbury,  Sutton,  Warner  and 
Wilmot.  ' 

District  No  4.  To  contain  the  Counties  of  Cheshire  and  Sulli- 
van. 

District  No  5.    To  contain  the  Counties  of  Grafton  and  Coos. 


[CHAPTER  105.] 

State  of         1 
New  Hampshire.  ) 

An  act  authorizing  the  removal  of  incumbrances  in  High- 
ways. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  415.  Session  Laws,  1828, 
Chap.  105.  Laws,  1830  ed.,  p.  582.  See  also  acts  of  February  27,  1786,  Laws 
of  New  Hampshire,  vol.  5,  pp.  117,  121;  June  20,  1806,  id.,  vol.  7,  p.  537; 
June  27,  1833,  Session  Laws,  1833,  Chap.  127;  January  13,  1837,  id.,  1836, 
November  session,  Chap.  285,  and  July  6,  1837,  id.,  1837,  Chap.  361.  Re- 
pealed by  act  of  December  23,  1842.  See  Revised  Statutes  (1842),  Chap. 
230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  whenever  any  person 
or  persons  shall  place  in  any  of  the  highways  or  streets  of  any  town, 
any  masts,  spars  mill  logs,  boards,  plank,  stones  or  any  other  thing 
whatever  to  the  incumbrance  of  the  same  highways  and  streets,  it 
shall  be  the  duty  of  the  surveyor  of  the  highways  in  the  district 
where  such  incumbrance  shall  be,  to  give  reasonable  notice  to  the 
person  or  persons  leaving  any  incumbrance  as  aforesaid  to  remove 
the  same;  and  if  such  person  or  persons  shall  neglect  or  refuse  so 
to  do  or  if  the  owner  be  unknown  such  surveyor  shall  make  com- 
plaint in  writing  to  some  Justice  of  the  Peace  in  the  same  town  or 
in  one  of  the  adjacent  towns,  which  Justice  upon  his  own  view  of 
such  incumbrance  may  by  warrant  under  his  hand  and  seal  directed 
to  such  surveyor  cause  the  same  to  be  removed  so  far  as  the  said 
Justice  shall  Judge  necessary  for  the  public  convenience,  and  shall 
also  order  so  much  thereof  to  be  sold  by  such  surveyor  as  shall  be 

57 


898  LAWS  OF  NEW   HAMPSHIRE 

adjudged  by  said  Justice  necessary  to  pay  the  legal  costs  which 
said  Justice  shall  tax  and  three  times  the  price  of  the  labor  of  remov- 
ing the  same,  which  labor  shall  also  be  estimated  by  said  Justice. 
And  such  surveyors  shall  follow  the  same  rules  and  regulations  in 
making  sale  of  any  such  incumbrance  as  collectors  of  taxes  are  by 
law  directed  to  follow  in  advertising  and  selling  personal  property 
for  taxes.  Provided  however  that  no  warrant  shall  be  issued  as 
aforesaid  for  the  purpose  aforesaid,  until  notice  shall  have  been 
given  to  the  owner,  if  known,  and  he  shall  have  had  an  oppor- 
tunity to  shew  cause  why  the  incumbrance  should  not  be  removed. 

Section  2.  And  Be  it  further  enacted,  That,  in  all  cases  when  the 
said  articles  of  incumbrance  removed  by  any  surveyor  as  aforesaid 
shall  not  sell  for  a  sum  sufficient  to  pay  and  discharge  the  costs 
taxed  and  three  times  the  price  of  the  labor  of  removing  the  same, 
estimated  by  the  justice  as  aforesaid  the  said  surveyor  shall  be  enti- 
tled to  recover  the  same  or  such  part  thereof  as  shall  remain  unpaid 
after  the  sale  of  such  articles  of  the  person  or  persons  who  shall  so 
incumber  the  said  highways  by  an  action  on  the  case  in  any  court 
proper  to  try  the  same 

Section  3.  And  be  it  further  enacted,  That  the  act  entitled  "an 
act  in  addition  to  and  amendment  of  an  act  entitled  an  act  for 
mending  and  repairing  highways  in  this  State"  be  and  the  same  is 
hereby  repealed. 


[CHAPTER  106.] 


State  of  ) 

New  Hampshire.  \ 


An  act  imposing  fines  for  neglect  of  military  duty  and  for 
other  purposes. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  423.  Session  Laws,  1828, 
Chap.  106.  Laws,  1830  ed.,  p.  408.  See  also  acts  of  July  1,  1819,  Laws  of 
New  Hampshire,  vol.  8,  p.  831;  December  22,  1820,  id.,  p.  955;  July  6,  1833, 
Session  Laws,  1833,  Chap.  125;  July  5,  1834,  id.,  1834,  Chap.  167,  and  June 
26,  1838,  id.,  1838,  Chap.  399.  Repealed  by  act  of  December  23,  1842.  See 
Revised  Statutes  (1842),  Chap.  230.] 

Section  1. — Be  it  enacted  by  the  Senate  and  house  of  representa- 
tives in  general  Court  convened,  That  the  following  persons  be  and 
they  hereby  are  absolutely  exempted  from  military  duty,  to  wit: 
The  Vice  President  of  the  United  States;  The  officers,  Judicial,  and 
executive  of  the  government  of  the  United  States;  members  of 
both  houses  of  Congress  and  their  officers;  all  custom-house  offi- 
cers and  their  Clerks;  all  post  officers  and  Stage  drivers,  who  are 
employed  in  the  care  and  conveyance  of  the  mail  of  the  post-office 
of  the  United  States;   All  ferry-men  necessarily  employed  at  any 


LAWS   OF   NEW  HAMPSHIRE  899 

ferry  on  the  post-road;  All  inspectors  of  exports;  all  pilots;  all 
Marriners  actually  employed  in  the  sea  service  of  any  citizen  or 
merchant  within  the  United  States;  the  members  of  the  executive 
Council;  The  Judges  of  the  superior  Court  of  Judicature,  and  of  all 
other  courts  of  record  in  this  State,  and  their  Clerks;  The  members 
of  the  Legislature  and  its  officers  while  the  same  is  in  session; 
Judges  and  registers  of  probate;  registers  of  deeds;  The  attorney 
general;  Secretary  and  treasurer  of  the  State:  all  officers  of  any 
College  actually  resident  there;  all  students  at  Dartmouth  College, 
belonging  to  the  freshman,  Sophomore,  Junior  and  Senior  Classes, 
during  the  time,  they  continue  to  be  members  of  either  of  those 
Classes;  all  preceptors  of  academies  actually  employed  as  such; 
ministers  of  the  gospel  of  every  denomination;  all  officers  who  had 
held  commissions  in  the  militia  of  this  State  or  of  any  other  State 
in  the  Union  for  the  term  of  four  years  and  had  been  regularly  dis- 
charged before  the  twenty  second  day  of  December  1820.  or  who 
having  held  a  commission  in  the  militia  of  this  State  or  any  other 
State  in  the  union  for  the  term  of  Six  years  have  been  or  shall  be 
regularly  discharged,  or  who  have  been  superseeded  and  discharged; 
all  fife  and  drum-majors,  who  have  held  a  warrant  and  actually  done 
the  duty  of  drum  or  fife-major  for  the  term  of  Six  years;  fire  en- 
jine  men,  not  exceeding  eighteen  to  each  enjine,  who  shall  annually, 
on  or  before  the  twentieth  day  of  April,  produce  to  the  commanding 
officer  of  the  company  within  whose  limits  they  reside,  certificates 
from  the  Selectmen  of  their  respective  towns,  that  they  have  been 
legally  appointed  and  are  bound  to  perform  the  duties  of  enjine  men, 
and  every  person  of  the  religious  denomination  of  Quakers  or 
Shakers,  who  shall  annually  on  or  before  the  twentieth  day  of  April 
procure  and  deliver  to  the  commanding  officer  of  the  company 
within  whose  limits  he  shall  reside;  a  certificate  signed  by  two  or 
more  of  the  elders  or  overseers,  and  countersigned  by  the  clerk  of 
the  meeting  or  society,  with  which  he  meets  for  worship  in  sub- 
stance, as  follows; 

We  the  subscribers  elders  (or  overseers  as  the  case  may  be)  of 

the  meeting  or  society  of in  the  town  of in  the 

County   of do   hereby    certify,    that    

frequently  and  usually  attends  with  said  society  for  public  worship, 
is  a  regular  member  thereof,  and,  we  believe,  he  is  conscientiously 
scrupulous  of  bearing  arms. 

A.B.) 

E.F.  Clerk CD.}  Elders  (or  overseers  as  the  case  may 

be). 

Section  2 .  And  be  it  further  enacted,  That  the  following  persons 
be  and  they  are  hereby  conditionally  exempted  from  military  duty, 
namely;  all  physicians  and  surgeons  on  whom  has  been  confered.the 
degree  of  doctor  of  medicine,  or  who  shall  be  recommended  by  any 
regular  medical  society,  and  who  shall  annually  pay  to  the  selectmen 


900  LAWS   OF   NEW  HAMPSHIRE 

of  the  town,  in  which  they  reside  the  sum  of  two  dollars,  and  on  or 
before  the  twentieth  day  of  April  in  each  year,  produce  to  the  Cap- 
tain or  commanding  officer  of  the  Company  within  whose  bounds, 
they  reside,  a  certificate  of  the  payment  of  said  sum;  all  officers, 
who  have  held  or  shall  hold  commissions  in  the  militia  of  this  state 
or  of  any  state  in  the  union  and  have  been  or  shall  be  regularly  dis- 
charged, who  are  not  hereinbefore  absolutely  exempted,  who  shall 
annually  pay  to  the  selectmen  of  the  town  in  which  they  reside,  the 
sum  of  two  dollars,  and  on  or  before  the  twentieth  day  of  April  an- 
nually produce  to  the  captain  or  commanding  officer  of  the  company, 
within  whose  bounds  they  reside  a  certificate  of  such  payment;  and 
all  persons,  who  are  or  may  hereafter  be  between  the  ages  of  forty 
and  forty  five  years,  who  shall  constantly  keep  themselves  furnished 
with  the  arms  and  equipments  required  by  this  act  and  shall  on 
the  first  Tuesday  of  May  in  each  year,  carry  or  send  said  arms  and 
equipments  for  inspection  to  the  captain  or  commanding  officer  of 
the  company  within  whose  bounds  they  reside,  at  the  time  he  in- 
spects his  company. 

Section  3.  And  be  it  further  enacted,  That  each  and  every  free 
ablebodied,  white  male  citizen  of  this  State,  resident  therein  who 
now  is  or  hereafter  may  be  of  the  age  of  eighteen  years  and  under 
the  age  of  forty  five  years,  or  who  shall  hereafter  come  to  reside  in 
this  State  (except  such  as  are  hereinbefore  absolutely  exempted) 
shall  be  liable  to  do  military  duty  in  the  company,  within  whose 
bounds  such  citizen  may  reside,  or  into  which  he  may  have  en- 
listed. 

Section  4.  And  be  it  further  enacted,  That  in  all  cases  of  doubt 
respecting  the  name  or  age  of  any  person  supposed  to  be  liable  to 
do  military  duty,  if  such  person,  when  enquired  of  by  the  captain 
or  commanding  officer  of  any  company,  shall  neglect  or  refuse  to 
give  information,  or  shall  give  false  answers  or  information  in  rela- 
tion to  his  name  or  age,  with  intent  to  discharge  himself  from  per- 
forming military  duty,  he  shall  forfeit  the  sum  of  five  dollars  for  each 
offence,  to  be  recovered  by  the  Capt.  or  commanding  officer  of  the 
company,  for  the  time  being  within  whose  bounds  such  offender  may 
reside,  in  an  action  of  debt,  before  any  Justice  of  the  peace.  And 
if  such  person  be  a  minor,  the  action  may  be  against  the  master, 
parent  or  guardian  of  such  minor. 

Section  5.  And  be  it  further  enacted,  That  any  keeper  of  a 
tavern,  or  boarding-house,  or  any  master  or  mistress  of  any  dwelling 
house,  who  shall  refuse  to  give  information  of  the  name  or  names 
of  any  person,  residing  with  him  or  her,  liable  to  do  military  duty, 
when  applied  to  for  that  purpose,  by  the  commanding  officer  of  the 
company,  within  the  bounds  of  which  such  tavern,  boarding  house 
or  dwelling  house  is  situated,  or  when  applied  to  for  that  purpose 
by  any  person  acting  under  the  orders  of  such  commanding  officer, 
or  shall  give  any  false  information  upon  such  application  shall  for- 


LAWS  OF   NEW  HAMPSHIRE  901 

feit  the  sum  of  five  dollars,  to  be  recovered  by  the  commanding 
officer  of  such  company,  by  action  of  debt,  before  any  Justice  of  the 
peace  in  the  county,  where  such  offender  resides. 

Section  6.  And  be  it  further  enacted,  That  whenever  the  com- 
manding officer  of  a  company  shall  parade  his  company  for  inspec- 
tion, training  or  review,  he  shall  issue  his  orders  to  one  or  more  of 
the  sergeants  of  his  company,  not  being  the  orderly  sergeant,  or  if 
there  be  no  Sergeant,  or  no  Sergeant,  excepting  the  orderly  sergeant, 
then  to  one  or  more  of  the  privates  of  his  company,  requiring  him  or 
them  to  notify  the  whole  or  part  of  the  non-commissioned  officers 
and  privates  belonging  to  his  company,  whose  names  shall  be  in- 
serted in  or  annexed  to  such  orders,  to  appear  at  the  time  and  place 
appointed;  and  the  insertion  of  the  name  of  any  person  in  such  or- 
ders, or  its  annexation  thereto,  shall  in  all  cases  be  evidence,  that 
such  person  is  duly  enrolled  in  such  company.  And  it  shall  be  the 
duty  of  the  sergeant  or  sergeants,  private  or  privates  to  whom  such 
orders  shall  be  issued,  seasonably  to  give  notice  to  each  and  every 
person,  he  or  they  shall  have  been  ordered  to  notify  by  delivering 
to  each  of  them  in  person,  or  leaving  at  his  last  and  usual  place  of 
abode,  a  written  or  printed  order;  and  no  notice  shall  be  legal  for 
any  training  inspection  or  review  unless  the  same  shall  be  given  or 
left  at  least  four  days  previous  to  the  time  appointed  therefor;  pro- 
vided always  in  case  of  actual  or  threatened  invasion  insurrection 
or  other  emergency  any  notice  however  short  shall  be  legal  and 
binding  and  any  legal  notice  or  warning  to  any  person  to  attend  any 
training  inspection  or  review  shall  be  legal  notice  of  his  enrolment. 

Section  7.  And  be  it  further  enacted,  That  if  any  Sergeant  or 
private  shall  refuse  or  neglect  to  notify  and  warn  any  of  the  non 
commissioned  officers  or  privates  of  the  company  to  which  he  be- 
longs being  thereto  ordered  by  the  Captain  or  Commanding  officer 
of  the  company  he  shall  pay  a  fine  of  two  dollars  for  each  noncom- 
missioned officer  and  private  he  shall  neglect  to  warn  to  be  recovered 
by  such  Captain  or  Commanding  officer  in  an  action  of  debt  before 
any  Court  or  Justice  of  competent  Jurisdiction. 

Section  8.  And  be  it  further  enacted,  That  in  all  cases  the 
return  of  the  person  who  shall  have  received  orders  to  notify  the 
whole  or  any  part  of  the  men  of  any  Company  to  appear  at  the  time 
and  place  appointed,  for  military  duty  made  on  the  back  of  the  order 
to  him  directed  and  sworn  to  before  a  Justice  of  the  Peace  shall  be 
received  as  evidence,  that  due  notice  was  given  unless  invalidated 
by  other  evidence,  and  the  said  orders  and  return  being  recorded  in 
the  Company  records,  a  copy  of  the  record  thereof,  certified  by  the 
Clerk  of  such  Company  shall  be  received  as  evidence,  and  shall  have 
the  same  force  and  effect,  as  the  said  original  orders  and  return,  and 
the  person  who  shall  notify  the  men,  or  the  Clerk  who  shall  keep  the 
record  may  in  any  stage  of  the  proceedings  amend  the  return  or  the 
record  so  that  all  the  facts  may  appear.    And  any  noncommissioned 


9°2  LAWS  OF  NEW  HAMPSHIRE 

officer  or  private  who  shall  be  convicted  of  making  a  false  return 
shall  be  liable  to  the  pains  and  penalties  provided  in  other  cases  of 
perjury. 

Section  9.  And  be  it  further  enacted,  That  whenever  any  com- 
pany shall  be  paraded,  the  commanding  officer  of  such  company  is 
hereby  authorized  verbally  to  notify  the  men  so  paraded  to  appear 
on  some  future  day,  not  exceeding  thirty  days  from  the  time  of  such 
notification,  and  such  notification  shall  be  legal  as  it  respects  the 
men  present,  and  a  record  of  such  notification,  together  with  the 
names  of  the  noncommissioned  officers  and  privates  present  being 
made  in  the  orderly  book  of  the  company,  and  signed  by  such  com- 
manding officer  and  the  Clerk  of  the  company  the  said -record  or  a 
copy  thereof  certified  by  said  Clerk  shall  be  received  as  evidence 
that  due  notice  was  given,  unless  invalidated  by  other  evidence. 
_  Section  10.  And  be  it  further  enacted,  That  if  any  noncommis- 
sioned officer  or  private,  after  being  duly  notified  to  attend  any 
training,  inspection  or  review,  shall  unnecessarily  neglect  to  appear, 
or  shall  be  at  any  time  absent  from  his  guard,  platoon  or  company 
without  leave  from  the  commanding  officer  of  the  Company  before 
such  company  shall  be  dismissed,  he  shall  pay  a  fine  of  three  dollars 
for  each  Regimental,  Brigade  or  Division  muster,  and  two  dollars 
for  each  company  inspection  or  training,  and  if  any  noncommis- 
sioned officer  or  private  of  any  company  of  Cavalry,  Artillery,  Light 
Infantry  Grenadiers  or  Riflemen  shall  appear  at  a  company  or  reg- 
imental muster  without  the  uniform  of  the  company  to  which  he  be- 
longs, he  shall  pay  a  fine  of  three  dollars  for  each  regimental  muster 
and  two  dollars  for  each  company  inspection  or  training. 

Section  11.  And  Be  it  further  enacted,  That  signals  of  alarm 
may  be  appointed  by  the  Captain  General,  and  may  by  him  be  al- 
tered from  time  to  time,  proper  notice  thereof  being  given,  and  if 
any  noncommissioned  officer  or  private,  shall  upon  the  alarm  being 
given,  unnecessarily  neglect  to  appear  properly  armed  and  equipped 
at  such  time  and  place  as  the  commanding  officer  shall  appoint  due 
notice  having  been  given  him  of  such  signals,  and  of  the  time  and 
place  so  appointed,  he  shall  pay  a  fine  of  ten  dollars. 

Section  12.  And  be  it  further  enacted,  That  every  noncommis- 
sioned officer  and  private  shall  yield  entire  obedience  to  the  com- 
mand of  his  superior  officers,  and  if  any  non  commissioned  officer 
or  private  shall  prove  refractory  or  disobedient  while  on  duty  at  any 
regimental  muster  or  Company  training  or  shall  insult  or  abuse  his 
officers  or  either  of  them  or  treat  them  with  disrespect  such  non- 
commissioned officer  or  private  shall  pay  a  fine  of  two  dollars  for 
each  offence. 

Section  13.  And  be  it  further  enacted,  That  every  non  commis- 
sioned officer  and  private  who  shall  appear  on  parade  not  completely 
equipped  according  to  law  shall  forfeit  and  pay  the  following  sums 


LAWS  OF   NEW  HAMPSHIRE  903 

as  fines  for  the  equipments  with  which  he  shall  not  be  provided, 
to  wit,  a  gun  eighty  cents,  steel  or  iron  ramrod  twenty  cents,  bay- 
onet scabbard  and  belt  twenty  five  cents,  rifle  one  dollar,  pistol 
forty  cents,  sword  forty  cents,  two  spare  flints  ten  cents,  priming 
wire  and  brush  ten  cents,  cartridge  box  capable  of  containing  twenty 
four  rounds  twenty  five  cents,  cavalry  cartridge  box  twenty  five 
cents,  knapsack  twenty  cents,  canteen  ten  cents,  valise  twenty  cents, 
holsters  twenty  cents;  and  if  any  noncommissioned  officer  or  private 
shall  neglect  to  have  his  gun  and  bayonet  or  rifle  or  pistols,  clean 
and  in  good  order,  he  shall  pay  a  fine  of  fifty  cents;  and  if  any 
noncommissioned  officer  or  private  shall  come  on  parade  with  his 
musket,  or  pistol  loaded  with  powder  and  ball  slugs  or  shot,  he  shall 
forfeit  and  pay  the  sum  of  two  dollars. 

Section  14.  And  be  it  further  enacted,  That  whenever  any  com- 
pany shall  be  paraded  for  training  inspection  or  review,  it  shall  be 
the  duty  of  the  Clerk  of  said  company  to  make  a  roll  of  the  delin- 
quents at  such  training  in  which  shall  be  set  down  the  names  of 
such  delinquents  together  with  such  description  of  their  respective 
offences  in  substance  as  is  required  to  be  inserted  in  complaints  for 
the  recovery  of  the  fines  imposed  by  law  on  such  offences. 

And  such  roll  being  signed  by  the  commanding  officer  of  such 
company,  and  countersigned  by  such  Clerk,  shall  be  received  as 
evidence  of  the  offences  of  such  delinquents,  and  such  roll  being 
recorded  in  the  records  of  such  company  or  being  originally  made  in 
the  orderly  book  of  such  company,  a  copy  of  such  record  or  original, 
certified  by  the  Clerk  of  the  company  shall  be  received  as  evidence 
and  shall  have  the  same  force  and  effect  as  the  said  original  roll. 
And  in  case  there  be  no  Clerk  or  in  case  of  his  absence  the  com- 
manding officer  may  appoint  a  Clerk  for  that  time  who  shall  have 
the  powers,  and  perform  the  duties  of  Clerk.  Provided  however, 
that  in  case  no  such  roll  shall  have  been  made,  or  in  case  it  shall  be 
insufficient,  any  other  evidence  of  such  offences  shall  be  admitted. 

Section  15. — And  be  it  further  enacted,  That  if  any  noncommis- 
sioned officer  or  private  shall  upon  any  muster  or  training  day  or 
evening  of  the  same  day,  discharge  or  fire  off  any  gun  or  pistol 
in  any  public  road  or  near  thereto,  or  in  or  near  to  any  house,  or 
on  or  near  the  place  of  parade,  without  permission  first  had  from 
a  commissioned  officer,  he  shall  forfeit  the  sum  of  two  dollars 
for  each  offence,  to  be  recovered  by  action  of  debt  before  any  Jus- 
tice of  the  peace  within  the  County,  where  such  offence  may  be 
committed  by  any  person,  who  shall  sue  for  the  same  with  costs  of 
prosecution. 

Section  16.  And  be  it  further  enacted,  That  parents,  masters, 
and  guardians  shall  be  liable  for  all  fines  and  penalties  incurred 
by  persons  under  their  care  and  may  at  the  choice  of  the  person 
prosecuting  therefor  be  proceeded  against  in  the  manner  provided 


904  LAWS  OF   NEW  HAMPSHIRE 

by  this  act,  against  other  delinquents,  or  the  persons,  incurring  such 
penalties  or  fines,  may  be  proceeded  against  in  the  same  manner 
they  might  be,  if  they  were  of  full  age. 

Section  17.  And  be  it  further  enacted,  That  if  any  noncommis- 
sioned officer  or  private  shall  be  guilty  of  any  offence,  which  is  by 
this  act,  punishable  by  fine,  it  shall  be  the  duty  of  the  clerk  of 
the  company  to  which  such  offender  belongs,  after  the  expiration 
of  fifteen  days,  and  within  sixty  days  after  the  day  of  any  parade 
of  the  company,  to  which  he  belongs,  either  company  or  regimental, 
to  exhibit  to  some  Justice  of  the  peace  for  the  county,  in  which  such 
offender  resides  not  being  at  the  same  time  a  military  officer,  a  com- 
plaint under  oath,  against  every  such  noncommissioned  officer  or 
private,  who  shall  not  have  been  excused  by  the  commanding  officer 
of  the  company,  or  who  shall  not  have  paid  to  such  clerk  the  fine 
or  fines  by  him  incurred  within  the  fifteen  days  aforesaid  from  the 
day  of  such  parade  which  complaint  shall  be  in  substance,  as  fol- 
lows: to  wit. 

To  A.  J a  Justice  of  the  peace  for  the  county  of 

B.  C of ,  in  the  County  of  Clerk  of 

the  company  commanded  by complains  that  the  following 

persons,  being  liable  to  do  military  duty  in  said  company,  and  being 

duly  notified  to  meet  with  said  company  on  the  parade  near 

in on  the day  of in  the  year  of  our  Lord 

at o'clock  in  the noon  completely  armed 

and  equipped  according  to  law,  for  inspection  and  military  exer- 
cise, were  severally  guilty  of  the  offences  set  against  their  respective 
names; 

Names.  Offences. 

A.  B.  Sergeant)  did  unnecessarily  neglect  to  appear  on  said 

C.  D.  private   }  day. 

E.  F )  was  deficient  of  a  gun  on  said  day. 

G.  H )  did  come  on  parade  with  his  gun  loaded 

(  with  powder  and 

(And  in  the  same  manner  substantially  all  other  offences  are  to  be  set 
forth  against  offending  noncommissioned  officers  and  privates)  con- 
trary to  the  form  of  the  statute  in  such  case  made  and  provided  and 
against  the  peace  and  dignity  of  the  state 

Wherefore  the  said  B.  C.  prays  that  each  of  the  persons  above 
named  may  be  summoned  to  appear  and  answer  to  the  said  com- 
plaint. 

Dated  at  the Day  of A.D. 

B.C 

SS A.D B.C.  made  oath,  that  the 

above  complaint,  by  him  signed,  is,  in  his  belief,  true  before  me 

A.J.  Justice  of  the  Peace 


LAWS   OF   NEW  HAMPSHIRE  905 

And  the  Justice,  to  whom  such  complaint  shall  be  exhibited,  shall 
issue  a  summons  to  each  of  the  persons  complained  against  as  afore- 
said which  shall  be,  in  substance,  as  follows: 

State  of  New  Hampshire 

SS To  the  Sheriff  of  said  county,  of ,  or  his 

(Seal.)    deputy,  or  to  either  of  the  constables  of  the  Town  of 

in  said  County, Greeting 

Whereas  B.C.  of in  the  county  of Clerk  of  the  com- 
pany commanded  by  has  exhibited  to  me  AJ.  a 

Justice  of  the  peace  for  said  County,  his  complaint  on  oath  that 
A.B.  of in  the  County  of  being  liable  to  do  mil- 
itary duty  in  said  company,  and  being  duly  notified  to  meet  with 

said  company  on  the  parade  near in on  the 

day  of A.D at o'clock  in  the   noon, 

completely  armed  and  equipped  according  to  law,  for  inspection 
and  military  exercise,  did  unnecessarily  neglect  to  appear  on  said 
day,  (describing  the  offence  substantially  as  in  the  complaint)  you 
are  therefore,  in  the  name  of  the  State  of  New  Hampshire,  required 
to  summon  the  said  A.B.  to  appear  before  me  the  said  Justice,  at 

in on  the day  of next  at 

o'clock  in  the noon  to  answer  to  the  said  complaint.  Hereof  fail 

not.  And  make  due  return  of  this  writ  with  your  doings  thereon, 
unto  myself  at  or  before  the  time  aforesaid. 

Dated  at the day  of A.D 

A.J.  Justice  of  the  Peace 
And  such  summons  shall  be  served  in  like  manner,  as  other  writs 
of  summons  should  by  law  be  served,  at  least  seven  days  before  the 
time  of  trial.  And  it  shall  be  lawful  to  amend  such  complaint  or 
summons  in  any  stage  of  the  proceedings,  in  any  court,  without 
payment  of  costs. 

Section  18.  And  be  it  further  enacted,  That  if  any  noncommis- 
sioned officer  or  private,  being  duly  summoned;  shall  neglect  to 
appear,  Judgment  shall  be  thereupon  rendered  against  him.  And 
upon  the  trial  of  any  such  complaint,  no  evidence  of  any  disability, 
by  reason  of  any  bodily  infirmity,  or  debility,  shall  be  admitted  ex- 
cept the  certificate  of  the  surgeon  and  surgeon's  mate  of  the  reg- 
iment to  which  the  person  alledging  such  disability  shall  belong, 
unless  he  shall  first  prove,  that  by  reason  of  such  infirmity  or 
debility  he  was  unable  to  apply  to  such  surgeon  or  surgeon's  mate 
for  a  certificate,  and  that  as  soon  as  he  was  able,  he  left  or 
caused  to  be  left  with  the  clerk  of  the  company,  in  which  he  was 
warned  to  do  military  duty  a  written  notice  stating  such  infirmity 
or  debility  and  the  reason  he  had  not  obtained  a  certificate;  nor 
shall  any  evidence  of  any  excuse  for  nonappearance  at  any  company 
training  or  regimental  muster  be  admitted,  unless  it  be  shown,  that 
within  fifteen  days  of  the  training  or  muster  the  person  alleging 
the  same  was  warned  to  attend,  he  left  with  the  clerk  of  the  com- 


906  LAWS  OF   NEW  HAMPSHIRE 

pany,  in  which  he  was  so  warned,  a  written  notice  of  such  excuse 
or  unless  he  shall  first  prove,  that  he  was  absent  from  the  town 
in  which  such  company  is  formed,  when  the  notice  to  attend  such 
training  or  muster  was  left,  and  did  not  return  until  said  fifteen 
days  were  expired,  and  that  immediately  on  his  return,  he  left 
with  the  clerk  the  written  notice  aforesaid.  And  if  any  orders, 
received  or  issued  by  the  commanding  officer  of  any  company,  shall 
be  recorded  in  the  orderly  book  of  such  company,  a  copy  of  such 
record  certified  by  the  clerk  of  such  company,  shall  be  received 
as  evidence  of  such  orders. 

Section  19.  And  be  it  further  enacted,  That  if  Judgment  shall 
be  rendered  against  any  person  complained  against,  he  shall  be 
adjudged  to  pay  the  fine  imposed  by  this  act  on  the  offence  charged 
against  him  with  costs  of  prosecution. 

And  the  person,  against  whom  such  Judgment  shall  be  rendered, 
may  appeal  therefrom  to  the  court  of  common  Pleas  next  to  be 
holden  in  such  county  provided  the  person,  so  appealing  shall  rec- 
ognize with  sufficient  sureties  to  enter  and  prosecute  his  appeal  at 
the  court  appealed  to  and  to  pay  such  fine  and  costs,  as  the  said 
court  shall  adjudge  against  him. — But  if  no  appeal  be  entered,  and 
the  person  against  whom  Judgement  shall  be  rendered,  shall  neglect 
for  the  space  of  two  days  thereafter,  to  pay  to  such  Justice  the 
amount  of  such  fine  and  costs  the  said  Justice  shall  issue  execution 
against  him  in  substance,  as  follows; 

State  of  New  Hampshire 

SS. — To  the  Sheriff  of  said  County  or  his  Deputy,  or  to 

(Seal)  either  of  the  Constables  of  the  Town  of in 

said  County 

Greeting 
Whereas,  upon  the  complaint  of  B.C.  Clerk  of  the  company  com- 
manded by in  said  County  on  the day  of 

A.D ,before  me  A.J.  a  Justice  of  the  Peace  for  the  County 

aforesaid  Judgment  was  rendered  against  A.B.  of in  said 

County for  the  sum  of fine,  and Costs  of 

prosecution,  as  to  us  appears  of  record,  whereof  execution  remains 
to  be  done.  We  command  you  therefore,  that  of  the  money  of  the 
said  A.B.  or  of  his  goods  and  chattels  within  your  precinct,  you 

cause  to  be  levied  the  aforesaid  sums  being in  the  whole; 

and  also,  that  out  of  the  money,  goods  and  chattels  of  the  said  A.B. 
you  levy  twenty  five  cents  more  for  this  writ,  together  with  your 
own  fees;  and  for  want  of  such  money  goods  or  chattels  of  the  said 
A.B.  to  be  by  him  shown  to  you,  or  found  within  your  precinct,  we 
command  you  to  take  the  body  of  the  said  A.B.  and  him  commit 

unto  our  gaol  in  ;  and  we  command  the  Keeper  thereof, 

accordingly  to  receive  the  said  A.B.  into  our  said  gaol  and  him 
safely  keep,  untill  he  pay  the  aforesaid  sums,  with  your  fees,  or 
that  he  be  discharged  by  order  of  law. 


LAWS  OF   NEW   HAMPSHIRE  9°7 

Hereof  fail  not,  and  make  return  of  your  doings  herein,  and  of 
all  monies  by  you  levied  to  me  the  said  Justice  within  twenty  days 

next  coming.    Witniss  our  said  Justice  at the day 

of A.D. 

A.J.  Justice  of  the  Peace 
And  any  person  committed  to  gaol  on  such  execution  shall  have  the 
liberty  of  the  gaol  yard  and  shall  be  admitted  to  take  the  oath 
prescribed  by  law  for  poor  debtors,  and  be  discharged  in  the  same 
manner  as  if  such  execution  had  issued  on  a  Judgement  in  an  action 
of  debt.— 

Section  20.  And  be  it  further  enacted,  That  it  shall  be  the 
duty  of  every  Justice  of  the  peace,  who  shall  recevie  any  fine  or 
cost  by  virtue  of  this  act,  to  pay  such  fine  to  the  clerk  of  the 
company  to  which  the  offender  belonged,  and  the  cost  to  the  several 
persons  entitled  thereto  or  their  order.  And  the  clerk  of  each  com- 
pany shall  retain  to  his  own  use  one  fourth  part  of  all  fines  re- 
ceived by  him;  and  the  residue  he  shall  faithfully  pay  over  to  the 
commanding  officer  of  the  company  on  demand,  who  shall  give  to 
such  clerk  his  receipt  therefor.  And  all  fines  and  forfeitures  recov- 
ered by  the  commanding  officer  of  any  company  by  virtue  of  this  act, 
and  all  money  paid  him  by  the  Clerk  as  aforesaid  shall  be  expended 
in  defraying  the  necessary  expences  of  such  company,  in  purchasing 
and  repairing  musical  instruments;  and  instructing  the  musicians, 
belonging  to  his  company. 

And  all  moneys  received  by  the  Selectmen  of  any  town,  by  virtue 
of  this  act,  shall  be  by  them  paid  over  to  the  Treasurer  of  this  State. 

Section  21.  And  be  it  further  enacted,  That  at  the  annual  in- 
spection in  May  it  shall  be  the  duty  of  the  Captain  of  each  Company 
to  read  this  act  or  cause  it  to  be  read  to  his  company — except  the 
first  and  second  sections. 

Section  22.  And  be  it  further  enacted,  That  this  act  shall  not 
take  effect  untill  the  first  day  of  March  next. 

[CHAPTER  107.] 

State  of  ) 

New  Hampshire.  \ 

An  act  to  establish  the  rates  of  toll  at  Piermont  Bridge. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  447.  See  also  acts  of  June 
ii,  1808,  Laws  of  New  Hampshire,  vol.  7,  p.  648;  June  28,  1825,  ante,  p.  417, 
and  June  23,  1826,  ante,  p.  495.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  general  court  convened,  that  from  and  after  the  passing 
of  this  act,  the  rates  of  toll  demanded  &   received  at  Piermont 


908  LAWS  OF   NEW   HAMPSHIRE 

bridge  shall  be  and  the  same  are  hereby  established  as  follows,  to 
wit,  For  each  foot  passenger,  one  cent;  For  each  horse  and  rider, 
six  cents;  For  each  horse  and  chaise,  chair,  or  sulkey,  twelve  &  an 
half  cents;  For  each  sled,  sleigh,  cart  or  carriage  of  burden,  drawn 
by  one  horse,  six  and  a  quarter  cents;  For  each  sled,  sleigh,  cart 
or  carriage  of  burden,  drawn  by  two  beasts,  twelve  cents;  For  each 
sled,  sleigh,  cart  or  carriage  of  burden  drawn  by  three  beasts, 
fifteen  cents;  For  each  sled,  sleigh,  cart  or  carriage  of  burden 
drawn  by  four  beasts,  eighteen  cents;  with  three  cents  more  for  each 
beast  above  four:  For  each  four  wheeled  carriage  of  pleasure  or  for 
passengers,  drawn  by  two  or  more  beasts,  twenty  five  cents:  For 
each  curricle,  fifteen  cents;  For  each  horse,  Jack  or  mule  in  droves, 
two  cents;  For  neat  cattle  in  droves,  one  cent  each;  For  sheep  and 
swine,  one  half  cent  each;  and  to  each  team  of  burthen,  one  man  & 
no  more  shall  pass  free  of  toll. 

Sec.  2.  And  be  it  further  enacted,  that  the  fourth  section  of 
an  act  to  incorporate  the  Proprietors  of  Piermont  Bridge  passed 
June  28th  1825,  so  far  as  it  relates  to  the  amount  of  tolls  taken  at 
said  bridge  be  and  the  same  is  hereby  repealed 


[CHAPTER  108.] 


State  of  I 

New  Hampshire,  f 


An  act  authorizing  the  Dover  Bank  to  reduce  their  capital 
stock. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  449.  See  also  acts  of  June 
20,  1823,  ante,  p.  190;  June  28,  183 1,  Acts,  vol.  28,  p.  60,  and  June  26,  1845, 
Session  Laws,  1845,  Private  Acts,  Chap.  300.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  Dover  Bank  be,  and  they  hereby 
are  authorized  to  reduce  the  capital  stock  of  said  Bank,  provided 
said  capital  stock  shall  not  be  reduced  to  a  less  sum  than  one  hun- 
dred and  twenty  five  thousand  dollars. 


LAWS   OF   NEW   HAMPSHIRE  9°9 

[CHAPTER  109.] 


State  oj  I 

New  Hampshire.  \ 


An  act  regulating  Prisons 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  455.  Session  Laws,  1828, 
Chap.  109.  Laws,  1830  ed.,  p.  514.  This  act  repeals  acts  of  February  10, 
1791,  Laws  of  New  Hampshire,  vol.  5,  p.  656;  June  22,  1826,  ante,  p.  493, 
and  partly  repeals  act  of  June  13,  1796,  Laws  of  New  Hampshire,  vol.  6,  p. 
321.  Repealed  by  act  of  December  23,  1842.  See  Revised  Statutes  (1842), 
Chap.  230.] 

Section.  1.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives, in  General  Court  convened,  That  every  gailer  or  prison- 
keeper  shall,  at  the  opening  of  the  Superior  Court  of  judicature 
and  Court  of  Common  Pleas  respectively,  return  a  list,  and  certify 
to  said  Courts  respectively,  the  names  of  all  prisoners  then  in  his 
custody,  with  the  cause  of  their  commitment,  and  also  the  names  of 
all  prisoners  that  shall  be  committed  during  the  sitting  of  said 
Courts,  that  the  said  Courts  respectively  may  take  cognizance 
thereof  and  proceed  to  make  deliverence  of  such  prisoners  accord- 
ing to  law;  for  the  crimes  proper  to  the  jurisdiction  of  the  same 
Courts  respectively.  And  every  jailer  who  shall  neglect  his  duty 
herein,  shall  forfeit  such  sum  as  shall  be  set  upon  him  by  the  Court, 
not  exceeding  thirty  Dollars, 

Sect,  2,  And  be  it  further  enacted,  That  if  any  person  shall 
directly  or  indirectly,  by  any  ways  or  means,  convey  any  tool,  in- 
strument, or  other  thing,  to  any  prisoner,  or  into  any  prison,  where- 
by such  prisoner  might  break  prison,  or  work  him  or  herself  unlaw- 
fully out  of  the  same;  every  person  so  offending  shall  forfeit  and 
pay  such  a  fine  as  by  the  discretion  of  the  Court  shall  be  imposed, 
not  exceeding  one  hundred  dollars.  And  if  it  shall  happen  that  any 
prisoner  make  his  or  her  escape  by  means  of  any  tool,  instrument, 
or  other  thing,  conveyed  by  any  person  as  aforesaid;  or  if  any  per- 
son shall  in  any  other  way,  assist  any  prisoner  to  escape,  who  by 
means  thereof  does  escape;  the  person  so  conveying  tools,  instru- 
ments, or  other  things,  or  the  person  so  assisting,  in  case  such  pris- 
oner, so  escaping,  were  committed  for  debt,  shall  be  liable  to  pay 
the  full  debt  to  the  creditor  or  creditors  at  whose  suit  such  prisoner 
stood  committed;  and  in  case  such  prisoner  were  committed  for  any 
crime  not  capital,  the  person  so  assisting  shall  suffer  the  same  pun- 
ishment which  the  prisoner  was  sentenced  to  suffer;  or,  in  case  the 
escape  happen  before  conviction,  the  same  punishment  which  the 
prisoner  would  have  suffered  in  case  of  conviction  of  the  crime  for 
which  he  stood  committed  or  in  either  case,  the  person  so  furnishing 
tools  instruments  or  other  things  as  aforesaid,  or  otherwise  assist- 
ing as  aforesaid  shall  be  find  at  the  discretion  of  the  Court,  a  sum 


910  LAWS  OF   NEW  HAMPSHIRE 

not  exceeding  two  Thousand  Dollars,  but  in  case  such  prisoner 
were  or  would  have  been  liable  to  capital  punishment,  then  the 
person  so  furnishing  tools  or  otherwise  assisting,  shall,  upon  con- 
viction be  punished  by  confinement  to  hard  labour  for  life  or  any 
less  period  of  time  at  the  discretion  of  the  Court,  upon  considering 
all  the  circumstances  attending  such  escape 

Sec.  3  And  be  it  further  enacted,  That  every  jailer  or  prison- 
keeper,  who  shall  voluntarily  suffer  any  prisoner,  committed  to  him, 
to  escape  shall  suffer  the  like  pains  and  penalties  as  the  prisoner  so 
escaping  would  by  law  for  the  crime  or  crimes  whereof  he  was  con- 
victed, or  of  which  he  stood  charged,  if  he  had  been  convicted 
thereof,  And  in  case  such  prisoner  were  committed  for  debt,  such 
jailer  or  prison-keeper  shall  be  liable  to  pay  the  debt  to  the  creditor, 
and  may  be,  at  the  discretion  of  the  Court,  fined  in  a  sum  not  ex- 
ceeding five  hundred  dollars.  And  if  any  jailer  or  prison  keeper 
shall,  through  negligence,  suffer  any  prisoner  to  escape,  such  jailor  or 
prison-keeper  shall,  in  case  the  prisoner  were  committed  for  any 
crime,  pay  such  fine  as  the  Court  shall  order,  according  to  the  nature 
of  the  offince  for  which  the  escaped  prisoner  was  confined,  not  ex- 
ceeding three  hundred  dollars.  And  in  case  such  prisoner  were  com- 
mitted for  debt  such  jailer  or  prison  keeper  shall  be  liable  to  pay  the 
creditor  the  full  amount  of  his  debt; 

Sec.  4.  And  be  it  further  enacted,  That  if  any  person  furnish- 
ing tools,  instruments  or  other  things  to  any  prisoner  or  otherwise 
assisting  any  prisoner  charged  or  convicted  of  any  offence  to  escape; 
or  if  any  jailer  or  prison  keeper  who  shall  voluntarily  or  negligently 
suffer  any  such  prisoner  to  escape,  shall  within  six  months  after 
such  escape,  recover  such  prisoner  and  return  him  back  to  prison 
again;  then  such  person  so  assisting  and  such  jailer  or  prison  keeper 
so  voluntarily  or  negligently  permitting  such  person  to  escape  shall 
be  liable  only  to  such  fine  as  the  Court  may  order, 

Sec.  5.  And  be  it  further  enacted  That  all  fines  and  forfeitures 
arising  by  this  act  shall  be  recovered  by  indectment  and  be  for  the 
use  of  the  County  in  which  the  offence  may  be  committed.  And  in 
all  cases  where  the  Sheriff  jailer  or  other  persons  have  been  com- 
pelled to  pay  any  sum  or  sums  of  money  on  account  of  any  prisoners 
escape,  he  or  they  shall  be  entitled  to  his  or  their  remedy  against 
such  prisoner. 

Sec.  6.  And  be  it  further  enacted  That  the  Court  of  Common 
Pleas  shall  have  the  care  of  building  inspecting  and  repairing  all 
prisons  Court  houses,  and  other  necessary  edifices  for  the  use  of  the 
several  Counties  and  shall  at  the  beginning  of  every  term  in  each 
County,  enquire  into  the  state  of  the  prisons  in  such  county  with 
respect  to  the  security  of  such  prisons  against  escapes  the  condition 
and  accommodation  of  the  prisoners,  and  shall  from  time  to  time 
take  care  to  secure  them  from  escape,  sickness  and  infections. 


LAWS  OF  NEW  HAMPSHIRE  91  l 

Sec.  7.  And  be  it  further  enacted  That  in  case  of  the  escape  of 
any  prisoner  committed  for  debt  through  the  insufficiency  of  the 
jail  or  prison  in  any  county,  the  Sheriff  shall  stand  chargeable  to  the 
creditor  or  person  to  whose  use  any  forfeiture  was  adjudged  or  any 
debt  damages  or  costs  awarded  against  such  prisoner  for  the  full 
amount  of  such  debt,  damages  and  costs;  and  shall  have  his  remedy 
against  the  county  on  application  to  the  Court  of  Common  Pleas  in 
the  same  County  and  if  such  Court  shall  not  cause  payment  to  be 
made  to  the  Sheriff  within  six  months  after  the  application  made, 
such  Sheriff  shall  then  and  not  before  be  at  liberty  to  bring  his  action 
against  the  inhabitants  of  the  same  county  to  be  herd  and  tried  in 
that  or  an  adjoining  County  at  his  election;  an  attested  copy  of 
the  writ  being  left  with  the  Clerk  of  the  Court  of  Common  Pleas  in 
the  same  County  thirty  days  before  the  trial  by  any  Coroner  of  the 
County,  shall  be  deemed  a  sufficient  notice  of  the  writ  and  the  jus- 
tices of  the  Court  of  Common  Pleas  shall  have  full  power  to  appoint 
an  agent  or  agents  to  appear  and  defend  such  action.  And  if  the 
plaintiff  in  such  action  shall  recover,  he  shall  be  entetled  to  such 
sums  in  damages  in  addition  to  the  sums  actually  paid  by  him  to 
the  creditor  or  creditors,  as  a  compensation  for  his  trouble  in  the 
same  suit  besides  costs  as  the  Court  or  jury  who  may  assess  the 
damages  may  think  reasonable  and  execution  may  be  levied  on  the 
estate  of  any  of  the  inhabitants  of  such  County.  And  the  person 
upon  whose  estate  such  execution  is  levied,  may  thereupon  have  an 
action  against  the  County,  the  writ  to  be  served  and  the  action  pros- 
ecuted in  the  same  way  and  manner  as  the  action  brought  by  the 
sheriff  as  beforementioned  to  recover  the  amount  so  levied,  and  shall 
have,  in  case  of  recovery,  double  costs  of  suit. 

Sec.  8.  And  be  it  further  enacted  that  the  several  prison  keepers, 
in  their  respective  Counties,  shall  furnish  and  provide  each  prisoner, 
committed  to  their,  custody,  for  any  crime  diet,  sustenance,  nec- 
essary clothing,  bedding  fuel  and  medical  attendance  for  which  the 
justices  of  the  Court  of  common  pleas  are  hereby  authorised  and 
empowered  to  allow  a  reasonable  compensation  to  be  paid  out  of  the 
several  County  treasurers. 

Sec.  9  And  be  it  further  enacted  That  if  any  prison  keeper  shall 
defraud  the  prisoners  of  their  allowance,  or  shall  not  afford  them 
sustenance  and  accommodation  equal  to  what  such  prison  keeper  is 
paid  therefor,  he  shall  forfeit,  for  each  offence,  the  sum  of  ten  dol- 
lars to  the  use  of  any  person  who  shall  sue  for  the  same. 

Sec.  10.  And  be  it  further  enacted  That  the  act  entitled  "an  act 
regulating  prisons"  passed  on  the  10th  of  February  AD,  1791,  the 
act  entitled  "an  act  for  the  relief  of  Prisoners"  passed  on  the  2  2d  of 
June  1826,  and  the  second  section  of  an  act  entitled  "an  act  in  addi- 
tion of  an  act  entitled  an  act  for  the  ease  and  relief  of  prisoners  im- 
prisoned for  debt,  passed  February  15th  1791"  passed  on  the  13th 


912  LAWS  OF  NEW  HAMPSHIRE 

day  of  June  AD  1791,*  be,  and  the  same  hereby  are,  repealed. 
Provided  nevertheless  that  all  penalties,  forfeitures,  and  liabilities, 
incurred,  and  all  rights  acquired  under  said  acts  hereby  repealed, 
shall  be  and  remain  the  same  as  if  this  act  had  never  been  passed. 
Sec.  11.  And  be  it  further  enacted  That  all  prison  yards  for  the 
confinement  of  poor  debtors  be  extended  to  the  limits  of  the  several 
towns  in  which  such  prisons  are  or  may  be  situated. 


[CHAPTER  110.] 


State  0}  I 

New  Hampshire,  j 


An  act  to  repeal  certain  acts  therein  named. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  467.  This  act  repeals  acts 
of  June  21,  1804,  Laws  of  New  Hampshire,  vol.  7,  p.  287;  June  18,  1805, 
id.,  p.  400,  and  June  7,  1808,  id.,  p.  635.] 

Whereas  the  Proprietors  of  the  Grafton  Turnpike  road  have  ap- 
plied to  the  Legislature  of  this  State  for  a  repeal  of  their  charter  of 
incorporation Therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  an  act  entitled  "An  act  to  incorporate 
the  Proprietors  of  the  Grafton  Turnpike  road  in  this  State"  passed 
June  21st  A.D.  1804,  and  all  acts  passed  in  addition  to  or  amend- 
ment of  said  act  be  and  the  same  are  hereby  repealed,  and  all  rights 
and  privileges  by  said  acts  granted  to  said  Proprietors  shall  hence- 
forth cease  and  determine. — 


[CHAPTER  111.] 

State  of  \ 

New  Hampshire.  \ 

An  act  to  alter  &  AMEND  the  act  incorporating  the  proprie- 
tors of  New  Hampton  Academy 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  469.  See  also  acts  of  June 
27,  1821,  ante,  p.  20,  and  June  29,  1826,  ante,  p.  508.] 

Agreeably  to  the  petition  of  the  Corporation  of  the  proprietors  of 
the  Academical  &  Theological  Institution  in  New  Hampton 

Sec.  1  Be  it  enacted  by  the  Senate  &  House  of  Representatives 
in  General  Court  convened  That  from  and  after  the  passing  of  this 


*(This  is  plainly  written  1791  in  the  original  copy  but  the  correct  date 
is  1796.) 


LAWS  OF   NEW  HAMPSHIRE  9T3 

act  the  Baptist  Convention  of  the  State  of  New-Hampshire  shall 
have  the  right  to  elect  seven  instead  of  five  of  the  Trustees  of  the 
Academical  &  Theological  Institution  in  New  Hampton 

Sec  2  And  be  it  further  enacted  that  the  Corporation  of  the 
said  Institution  shall  not  hereafter  procure  any  alteration  in  their 
charter  without  the  consent  of  the  aforesaid  Baptist  Convention  of 
the  State  of  New  Hampshire.  Provided  nevertheless  that  the  Leg- 
islature of  this  State  may  at  any  time  hereafter  alter  amend  or 
revoke  any  or  all  the  provisions  of  this  act  at  pleasure 


[CHAPTER  112.] 


State  of         | 
New  Hampshire.  \ 


And  act  in  favor  of  David  Davis  Jr  and  others. 

[Approved  January  3,  1829.     Acts,  vol.  26,  p.  471-] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  David  Davis  Jr  be  allowed  the  sum 
of  seventy  one  dollars  fifty  cents  in  full  of  his  account, 

That  Gawen  Gilmore  be  allowed  the  sum  of  Three  dollars,  sev- 
enty two  cents  in  full  of  his  account,  That  Moses  Foss  Junr.  be 
allowed  the  sum  of  two  dollars  in  full  of  his  account, 

and  that  said  sums  be  paid  out  of  the  Treasury. 


[CHAPTER  113.] 

State  of  I 

New  Hampshire.  ) 

An  act  in  favor  of  Jacob  B.  Moore,  George  Hough,  Henry  E. 
Moore,  Kent  and  M'Farland,  and  R.  H.  Sherburne  &  Co. 

[Approved  January  3,  1829.     Acts,  vol.  26,  p.  473-] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  the  sum  of  three  hundred  ninety- 
eight  dollars  and  eleven  cents  be  allowed  Jacob  B.  Moore  in  full  of 
his  account — that  the  sum  of  seventy-three  dollars  and  thirteen 
cents  be  allowed  George  Hough  in  full  of  his  account — that  the  sum 
of  thirty-eight  dollars  and  ninety- three  cents  be  allowed  Henry  E. 
Moore  in  full  of  his  account; — that  the  sum  of  forty-one  dollars  and 
forty  cents  be  allowed  Kent  &  M'Farland  in  full  of  their  account — 
and  that  the  sum  of  forty  four  dollars  and  forty  cents  be  allowed 

58 


9H  '         LAWS  OF   NEW  HAMPSHIRE 

R.  H.  Sherburne  &  Co.  in  full  of  their  account;  and  that  said  sums 
be  paid  out  of  the  treasury  out  of  any  moneys  not  otherwise  appro- 
priated. 

[CHAPTER  114.] 

State  of  | 

New  Hampshire.  { 

An  act  in  favor  of  Edward  Philbrick. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  475.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Edward  Philbrick  be  allowed  the 
sum  of  Three  hundred  fifty  one  dollars  thirty  three  cents  in  full  of 
his  account,  and  that  said  sum  be  paid  out  of  the  Treasury. 


[CHAPTER  115.] 


State  of         T 
New  Hampshire.  [ 


An  act  in  favor  of  Woodman  and  Willard  and  others. 

[Approved  January  3,  1829.     Acts,  vol.  26,  p.  477-1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Woodman  and  Willard  be  allowed 
the  sum  of  one  hundred  and  sixty  one  dollars  in  full  of  their  ac- 
count, That  Peter  Chadwick  be  allowed  the  sum  of  Two  dollars  and 
twelve  cents  in  full  of  his  account — That  Jacob  Whittemore  be 
allowed  the  sum  of  seven  dollars  in  full  of  his  account  and  that  the 
Selectmen  of  Canaan  be  allowed  the  sum  of  two  dollars  in  full  of 
their  account,    and  that  said  sums  be  paid  out  of  the  Treasury. 


[CHAPTER  116.] 


State  of         ) 
New  Hampshire.  [ 


An  Act  for  the  taxing  of  sheep. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  485.  Session  Laws,  1828, 
Chat).  116.  Laws,  1830  ed.,  p.  552.  See  also  act  of  December  16,  1812,  Laws 
of  New  Hampshire,  vol.  8,  p.  183.] 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  court  convened,  that  hereafter  in  assessing  public 


LAWS  OF   NEW  HAMPSHIRE  915 

taxes,  all  sheep,  which  have  been  wintered  one  winter,  which  any 
person  may  own  over  and  above  fifty  shall  be  valued  at  one  cent 
each. 


[CHAPTER  117.] 

State  oj  } 

New  Hampshire.  \ 

An  act  establishing  a  Board  of  Road  commissioners  and  for 
laying  out  and  repairing  highways. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  487.  Session  Laws,  1828, 
Chap.  117.  This  act  repeals  acts  of  February  8,  1791,  Laws  of  New  Hamp- 
shire, vol.  5,  p.  577;  December  28,  1803,  id.,  vol.  7,  p.  227;  December  11,  1804, 
id.,  p.  335;  June  26  and  27,  1821,  ante,  pp.  17  and  23;  July  3,  1823,  ante,  p. 
250;  July  3,  1826,  ante,  p.  517,  and  June  29,  1827,  ante,  p.  621.  Repealed 
by  act  of  June  25,  1830,  Session  Laws,  1830,  Chap.  7.] 

Section  i.  Be  it  enacted  by  the  senate  and  house  of  representa- 
tives in  general  court  convened,  that  for  each  county  in  this  state, 
there  shall  be  appointed  and  commissioned  by  the  Govenor  and 
council,  to  hold  their  offices  for  five  years,  unless  sooner  removed  by 
the  Govenor  and  council  upon  address  of  both  branches  of  the  Leg- 
islature, five  persons  who  shall  be  denominated  Road  commissioners, 
and  shall  be  freeholders  and  inhabitants  of  such  county  and  shall  be 
sworn  to  the  faithfull  discharge  of  the  duties  of  their  office,  one  of 
whom  shall  be  designated  as  chairman  by  his  commission,  and 
whenever  any  vacancy  shall  happen  in  said  board  of  commissioners, 
by  death,  resignation  removal  out  of  the  county,  or  otherwise,  such 
vacancy  shall  be  filled  by  the  Govenor  and  Council,  and  not  less 
than  three  of  said  commissioners  shall  constitute  a  quorum. 

Sec.  2  And  be  it  further  enacted  that  said  road  commissioners 
shall  keep  a  record  of  their  proceedings,  may  make  all  necessary 
rules  for  the  more  orderly  conducting  of  their  business,  may  allow 
and  tax  such  costs  for  and  against  either  party  as  they  may  deem 
just  and  proper,  allowing  the  same  fees  to  parties,  attornies  and 
witnesses  as  are  allowed  by  law  in  taxing  costs  in  the  court  of  com- 
mon pleas,  may  issue  summons  and  compel  the  attendance  of  wit- 
nesses and  swear  the  same,  may  make  orders  and  decrees  and  issue 
extents  and  executions  for  carrying  the  same  into  full  effect,  in  the 
same  way  and  manner  as  is  now  authorised  by  law,  and  may  draw 
orders  on  the  county  treasurer,  who  is  hereby  authorised  and  di- 
rected to  pay  the  same,  And  the  said  board  of  road  commissioners 
shall  appoint  from  their  number  a  clerk  whose  duty  it  shall  be  to 
make  and  keep  said  records,  to  give  certified  copies  thereof,  when- 
ever thereto  required,  and  to  make  and  sign  all  orders,  decrees, 
extents  and  executions,  which  may  be  made  and  issued  by  said  com- 
missioners. And  the  said  clerk  shall  recieve  a  reasonable  compen- 


91  6  LAWS  OF   NEW  HAMPSHIRE 

sation  for  recording  the  proceedings  of  said  board  and  for  making 
out  and  signing  all  orders,  decrees,  extents  and  executions  made  and 
issued,  to  be  allowed  and  adjusted  by  said  board,  which  sum  shall 
be  paid  by  the  several  counties,  And  the  said  clerk  shall  be  allowed 
the  same  fees  as  are  by  law  allowed  to  the  clerks  of  the  court  of 
common  pleas  for  making  and  certifying  copies,  to  be  paid  by  the 
person  applying  for  the  same,  And  the  said  road  commissioners  shall 
each  respectively  recieve  the  sum  of  two  dollars  for  each  day  they 
may  be  actually  employed  on  their  official  business  in  full  compen- 
sation for  their  services,  and  ten  cents  for  each  mile,  each  of  said 
commissioners  shall  travel  to  and  from  their  several  places  of  abode 
to  the  several  places  appointed  for  their  meetings. 

Sec.  3.  And  be  it  further  enacted  that  whenever  it  shall  be  nec- 
essary to  lay  out  a  new  highway  over  land  in  two  or  more  towns 
in  the  same  county,  or  to  make  any  highway  leading  from  town  to 
,  town  in  the  same  county  wider  and  straighter,  or  whenever  the  se- 
lectmen of  any  town  on  due  application  to  them  for  that  purpose, 
shall  neglect  or  refuse  to  lay  out  a  highway  in  such  town,  or  on 
due  application  for  the  purpose,  neglect  or  refuse  to  make  any  high- 
way in  the  same  town,  wider  and  straighter  or  whenever  any  town 
shall  discontinue  any  highway  laid  out  by  the  selectmen  thereof 
within  two  years  from  the  time  when  the  same  shall  have  been  laid 
out,  or  whenever  there  shall  be  occasion  for  a  new  highway  through 
a  tract  of  land  not  within  any  town,  in  all  such  cases  the  said  road 
commissioners  shall  have  full  power  and  authority,  on  petition  in 
writing  duly  presented  to  cause  such  new  highways  to  be  laid  out,  or 
existing  highways  to  be  made  wider  and  straighter  as  the  case  may 
be,  And  any  petition  presented  to  the  chairman  of  said  board  of 
commissioners  shall  be  considered  as  duly  presented  within  the 
meaning  of  this  act,  and  it  shall  be  the  duty  of  said  chairman  to 
appoint  the  time  and  place  for  taking  the  same  into  consideration, 
and  to  cause  notice  thereof  to  all  concerned  to  be  given  accordingly 

Sec.  4.  And  be  it  further  enacted,  that  whenever  any  petition 
shall  be  presented  as  aforesaid,  to  the  commissioners,  praying  that  a 
new  highway  may  be  laid  out,  or  that  any  highway  may  be  made 
wider  and  straighter  as  aforesaid,  the  said  commissioners  shall,  if 
they  deem  the  application  reasonable  and  proper,  appoint  a  time  and 
place,  when  and  where  they  will  meet  for  the  purpose  of  considering 
said  petition  and  of  viewing  the  rout  described  therein,  and  shall 
order  notice  thereof  to  be  given  to  the  selectmen  of  such  town  or 
towns  and  to  the  owners  of  the  land  through  which  such  highway 
may  be  proposed  to  be  laid  out,  or  widened  or  straightened,  and 
such  owners,  if  known  shall  have  an  opportunity  to  be  heard  on  the 
subject,  And  the  notice  to  such  town  or  towns  shall  be  by  giving  to 
one  or  more  of  the  selectmen  thereof,  or  leaving  at  his  usual  place  of 
abode,  at  least  thirty  days  before  the  time  appointed  for  the  meet- 
ing, for  the  purpose  aforesaid,  a  copy  of  said  petition  together  with 


LAWS  OF   NEW   HAMPSHIRE  9l7 

a  copy  of  the  order  of  said  commissioners  thereon.    And  the  notice 
to  the  owners  of  land  shall  be  in  writing,  and  contain  a  general  de- 
scription of  the  rout  of  the  highway  petitioned  for,  and  the  time  and 
place  appointed  for  said  meeting,  and  shall  be  given  to  such  owners 
if  known  or  left  at  their  last  and  usual  places  of  abode,  at  least 
fourteen  days  before  the  day  appointed  as  aforesaid,  And  when  such 
owners  shall  not  be  known,  then  notice  shall  be  given,  as  aforesaid 
to  the  person  having  the  possession  of  the  land,  if  any  such  there  be, 
Provided  that  when  the  owner  of  any  such  land  shall  not  be  an 
inhabitant  of  this  state,  then  notice  given  as  aforesaid  to  the  person 
having  the  care  of  the  land,  shall  be  deemed  sufficient  notice  to  the 
owner,  Provided  also,  that  when  such  owners  shall  be  infants  under 
the  age  of  twenty  one  years,  notice  shall  be  given  as  aforesaid  to 
their  guardians,  And  when  any  such  lands  shall  be  holden  by  a 
tenant  for  life  or  for  years,  notice  shall  be  given  as  aforesaid  to  such 
tenant,  and  also  to  the  owner  of  the  remainder  or  reversion,  And 
when  any  petition  shall  be  presented  to  said  commissioners,  praying 
that  a  new  highway  may  be  laid  out  over  land  not  within  the  limits 
of  any  town,  due  notice  shall  be  given,  as  aforesaid,  to  the  owners  of 
such  land,  if  known,  and  in  case  such  owner  be  not  known,  then  the 
said  commissioners  shall  order  the  substance  of  the  petition,  and 
their  order  thereon,  to  be  published  in  such  newspaper,  or  news- 
papers, and  in  such  manner  as  they  may  judge  proper,  and  a  com- 
pliance with  such  order  shall  be  deemed  sufficient  notice  to  all  such 
owners. 

Sec.  5.  And  be  it  further  enacted,  that  when  said  commissioners 
shall  lay  out  a  new  highway,  or  order  an  existing  highway  to  be  made 
wider  and  straighter,  they  shall  assess  the  damages  thereby  sustained 
by  the  owners  of  the  land  in  each  town  respectively  in  which  the 
land  is  situated,  shall  describe  particularly  the  highway  so  laid  out, 
or  ordered  to  be  made  wider,  and  the  width  thereof,  shall  fix  the 
time  for  making  and  opening  such  highway,  and  shall  adjudge  such 
highways  to  be  for  the  accommodation  of  the  public  in  general,  or 
for  the  particular  accommodation  of  one  or  more  individuals,  as  the 
case  may  be,  And  when  highways  shall  be  so  laid  out  through  land 
holden  by  a  tenant  for  life  or  for  years,  the  damage  done  to  such 
tenant,  and  also  the  damage  done  to  the  owners  of  the  reversion  or 
remainder,  shall  be  seperately  assessed, 

Sec.  6.  And  be  it  further  enacted,  that  when  a  highway  shall  be 
laid  out,  as  aforesaid,  for  the  accommodation  of  the  public  in  gen- 
eral, or  made  wider  and  straighter,  the  damages  assessed  by  said 
commissioners,  shall  be  paid  by  the  town  within  whose  limits  the 
highway,  for  which  the  damages  are  assessed,  may  be,  And  when 
any  highway  shall  be  laid  out,  or  made  wider  and  straighter, 
through  any  tract  of  land,  owned  by  one  person,  or  by  two  or  more 
persons  as  tenants  in  common,  or  joint  tenants,  in  such  manner  that 
part  of  the  highway  through  the  same  tract  shall  be  in  one  town, 


91 8  LAWS   OF   NEW   HAMPSHIRE 

and  part  in  another  town,  then  the  damages  to  be  paid  by  such 
towns  respectively,  shall  be  seperately  assessed,  And  when  a  high- 
way shall  be  laid  out  as  aforesaid,  for  the  particular  accommoda- 
tion of  one  or  more  individuals,  the  damages  shall  be  paid  by  such 
individuals,  And  no  highway  shall  be  made  or  used,  untill  the  dam- 
ages shall  be  paid  to  the  owners  of  the  land,  or  tender  made  thereof, 
And  all  new  highways  and  alteration  of  highways  shall  be  made 
by  the  town  within  whose  limits  the  same  may  be,  And  all  costs  of 
laying  out  new  highways  and  of  widening  and  straightening  existing 
highways  from  town  to  town,  or  laying  out  highways  through  land 
not  within  the  limits  of  any  town,  shall  be  paid  by  the  county,  And 
all  costs  of  laying  out  new  highways,  and  of  widening  and  straight- 
ening existing  highways  within  the  limits  of  any  one  town,  shall 
be  paid  by  such  town, 

Sec.  7.  And  be  it  further  enacted,  that  whenever  it  shall  be 
necessary  to  lay  out  a  new  highway,  or  to  make  an  existing  high- 
way wider  and  straighter,  from  town  to  town  in  different  counties 
a  petition  therefor  shall  be  presented  to  the  said  road  commissioners, 
in  each  county,  who  shall  proceed  thereon  in  the  same  way  and 
manner,  as  is  herein  before  provided  in  cases  for  laying  out  and 
widening  and  straightening  highways  in  towns  in  the  same  county, 
and  should  they  not  agree  upon  the  expediency  of  the  new  high- 
way, or  the  alteration  of  the  existing  highway,  or  the  junction  of  the 
same  at  the  line  of  their  respective  counties,  they  shall  if  thereto 
requested  by  the  petioners,  make  a  report  thereof,  with  the  reasons 
of  their  disagreement,  and  certify  the  costs  which  have  arisen 
thereon,  and  shall  deliver  the  same  to  the  said  petitioners,  together 
with  all  surveys  and  plans,  which  have  been  made  by  said  com- 
missioners, or  by  their  direction,  and  certified  copies  of  the  several 
petitions  and  orders  thereon,  And  the  said  petioners  may  present 
the  said  report  and  the  accompanying  papers  to  any  three  of  the 
chairmen  of  the  board  of  commissioners  in  any  of  the  counties  in 
this  state,  except  the  chairmen  in  the  counties  wherein  such  high- 
way is  proposed  to  be  laid  out  or  made  wider  and  straighter,  who 
are  hereby  authorised  and  empowered,  if  they  deem  such  highway 
or  alteration  expedient  and  necessary,  to  lay  out  and  make  the 
same,  And  the  said  chairman  shall  proceed  in  the  same  way  and 
manner,  as  is  herein  before  directed  in  laying  out  new  highways  in 
towns  in  the  same  county,  shall  tax  such  costs  to  either  party  as 
they  may  deem  just  and  reasonable,  and  shall  make  a  report  of 
their  proceedings  to  the  said  commissioners  in  the  several  counties 
wherein  such  highway  is  proposed  to  be  laid  out.  or  made  wider  & 
straighter,  which  report  shall  be  recorded  in  the  records  of  the 
several  counties,  And  the  costs  for  laying  out  and  making  altera- 
tions in  highways  as  aforesaid,  shall  be  paid  by  the  several  counties, 
in  which  such  highway  may  be  laid  out  or  altered,  in  proportion  to 
the  length  of  the  highway  so  laid  out  or  altered  in  each  county, 


LAWS   OF   NEW  HAMPSHIRE  919 

which  shall  be  determined  by  the  said  chairmen,  and  the  said  com- 
missioners in  the  several  counties  aforesaid,  shall  draw  orders  on 
the  treasurers  of  their  respective  counties  therefor,  and  in  case 
such  highways  should  not  be  laid  out  or  altered,  the  said  commis- 
sioners may  issue  execution  against  said  petitioners  for  cost, 

Sec.  8.  And  be  it  further  enacted  that  whenever  it  shall  be 
deemed  necessary  to  make  the  highways  leading  from  one  town  to 
another  town  in  the  same  or  a  different  county,  more  direct  and 
convenient,  that  in  some  parts  of  the  route,  existing  highways  should 
be  made  wider  and  straighter,  and  that  in  other  parts  of  the  route, 
a  new  highway  or  new  highways  should  be  laid  out,  such  altera- 
tions in  existing  highways  shall  and  may  be  made,  and  such  new 
highways  shall  and  may  be  laid  out  on  one  and  the  same  petition, 

Sec.  9.  And  be  it  further  enacted,  that  whenever  it  may  become 
necessary  to  discontinue  any  existing  highways,  or  parts  thereof, 
except  as  is  hereinafter  provided,  or  any  highway,  or  parts  thereof, 
which  may  hereafter  be  laid  out  by  said  road  commissioners,  the 
said  road  commissioners  are  hereby  authorised  and  empowered,  on 
petition  duly  presented  to  them  for  that  purpose,  to  discontinue  the 
same,  having  first  notified  and  heard  all  concerned,  And  the  costs  for 
discontinuing  highways  as  aforesaid  shall  be  paid  by  the  county. 

Sec.  10.  And  be  it  further  enacted,  that  all  petitions  for  new 
highways,  or  for  making  existing  highways  wider  or  straighter, 
or  for  discontinuing  any  highway  or  part  thereof,  or  for  damages 
to  the  owners  of  land  over  which  any  highway  laid  out  may  pass, 
now  pending  before  the  court  of  common  pleas  in  the  several  coun- 
ties in  this  state,  where  the  report  of  the  committee  appointed  has 
not  been  accepted,  if  the  petitioners  so  elect  shall  be  heard  and  deter- 
mined in  the  said  court  of  common  pleas,  if  not  the  same  shall,  after 
the  costs  already  accrued  thereon  have  been  taxed  for  both  parties 
and  certified  on  the  petition,  be  transferred  by  said  court  of  common 
pleas  to  the  road  commissioners  in  the  several  counties  where  such 
highways  are  proposed  to  be  laid  out,  and  said  road  commissioners 
shall  proceed  thereon,  in  the  same  way  and  manner  as  is  herein 
before  directed  in  cases  of  laying  out  new  highways  by  said  com- 
missioners. 

Sec.  n.  And  be  it  further  enacted,  that  whenever  any  town  in 
or  through  which  a  new  highway  has  been  laid,  or  an  existing  high- 
way has  been  widened  and  straightened,  shall  neglect  or  refuse  to 
make  and  open  such  new  highway  or  to  make  such  existing  highway 
wider  and  straighter  within  the  time  limited  therefor,  it  shall  be 
the  duty  of  the  road  commissioners,  on  petition  in  writing  signed  by 
seven  or  more  freeholders  residing  within  this  state,  describing  the 
road  and  setting  forth  the  defects  therein,  being  presented  to  them 
for  that  purpose,  to  appoint  a  time  and  place  for  a  hearing  thereon, 
and  to  give  notice  thereof  to  the  selectmen  of  such  town  in  the  same 
way  and  manner  as  is  herein  before  directed  in  cases  of  laying  out 


920  LAWS  OF   NEW  HAMPSHIRE 

highways,  and  such  town  may  plead  thereto,  and  said  commissioners 
may  upon  the  trial  of  the  issue,  decree  against  such  town,  Provided 
that  any  such  town  upon  such  decree  being  made  against  them  may 
appeal  therefrom  to  the  Superior  court  of  Judicature,  next  to  be 
holden  in  said  county  where  such  appeal  may  be  entered,  and  a 
trial  by  jury  shall  be  had  upon  such  issue,  and  a  record  of  the  ver- 
dict thereupon  shall  be  made,  and  a  certified  copy  thereof  shall  be 
given  by  the  clerk  to  the  said  commissioners,  and  if  such  verdict 
shall  be  against  the  town,  the  said  commissioners  shall  proceed,  as 
if  no  appeal  had  been  taken,  and  the  cost  arising  on  such  appeal 
shall  be  taxed  against  such  town,  And  the  said  commissioner  shall 
decree  against  such  town  a  sum  sufficient  to  make  and  open 
such  new  highway,  or  to  make  such  existing  highway  wider  and 
straighter,  together  with  all  costs  and  charges  thereon,  and  issue 
their  extent  against  such  town  therefor,  and  the  money  so  decreed, 
shall  be  laid  out  and  expended  for  the  purposes  aforesaid,  by  said 
road  commissioners,  or  by  their  agent  duly  appointed,  And  such 
highway  shall  be  made  to  the  acceptance  of  said  commissioners 

Sec.  12.  And  be  it  further  enacted,  that  whenever  any  town  in 
this  state  shall  neglect  to  repair  any  highway  or  bridge,  or  to  re- 
build any  bridge  which  may  have  been  carried  away,  within  the 
limits  of  such  town,  for  the  term  of  thirty  days  after  application  in 
writing,  signed  by  three  or  more  freeholders,  living  in  the  vicinity 
of  such  highway  or  bridge,  shall  have  been  made  to  the  selectmen 
thereof,  it  shall  be  the  duty  of  said  road  commissioners  in  the  county 
in  which  such  town  is  situated,  on  petition  in  writing,  describing 
said  highway  or  bridge,  as  is  required  in  the  preceding  section, 
signed  by  seven  or  more  freeholders  residing  within  this  state,  to 
make  personal  inspection  of  the  same,  having  first  notified  the 
selectmen  of  such  town,  of  the  time  and  place  of  such  inspection, 
by  giving  to  one  or  more  of  said  selectmen,  or  leaving  at  his  or  their 
usual  place  of  abode,  a  copy  of  the  petition,  and  order  thereon,  at 
least  ten  days  before  the  day  of  such  inspection.  And  the  said 
road  commissioners  after  taking  into  consideration  the  public  utility 
of  the  highway  or  bridge  to  be  repaired,  or  the  bridge  to  be  re- 
built, and  the  ability  of  such  town  to  repair  or  rebuild  the  same, 
may  order  such  repairs  to  be  made  by  such  town,  or  such  bridge 
to  be  rebuilt,  as  they  may  deem  proper  and  fix  the  time  in  which 
the  same  shall  be  done,  And  in  case  such  town  shall  neglect  or  refuse 
to  make  such  repairs,  so  ordered  as  aforesaid,  within  the  time 
limited,  said  commissioners  shall  decree  against  such  town  a  sum 
necessary  to  make  such  repairs,  or  to  rebuild  such  bridge,  together 
with  all  costs  and  charges  arising  thereon,  and  shall  issue  their 
extent  against  such  town  therefor,  And  the  money  so  decreed  shall 
be  expended  in  the  same  way  and  manner,  as  is  herein  before  di- 
rected in  cases  of  making  new  highways,  Provided  that  such  town 
shall  have  the  same  right  to  plead  to  such  petition  and  appeal  from 


LAWS  OF   NEW  HAMPSHIRE  921 

such  decree  to  the  superior  court  of  Judicature,  in  the  same  way 
and  manner,  and  like  proceedings  shall  be  had  thereon  as  are  pro- 
vided for  in  the  eleventh  section  of  this  act, 

Sec.  13.  And  be  it  further  enacted,  that  whenever  a  petition 
shall  be  presented  as  aforesaid  for  a  new  highway  or  for  making 
an  existing  highway  wider  and  straighter,  or  for  discontinuing  any 
highway  or  part  thereof,  or  for  repairing  highways  or  bridges,  or 
for  rebuilding  bridges,  and  the  said  road  Commissioners  shall  deem 
it  inexpedient  to  grant  the  prayer  thereof,  they  shall  in  all  such 
cases,  tax  such  costs  against  the  petitioners,  as  to  them  shall  seem 
just  and  reasonable,  including  the  services  and  travel  of  the  said 
commissioners,  and  shall  issue  execution  therefor. 

Section  14.  And  be  it  further  enacted,  That  whenever  there  shall 
be  occasion  for  any  new  highway,  or  to  make  an  existing  highway 
or  street  wider  and  straighter,  in  any  town  in  this  State,  the  Select- 
men of  such  town  be  and  hereby  are,  authorized  and  empowered,  on 
application  made  to  them  in  writing,  to  lay  out  the  new  highway, 
whether  such  new  highway  be  for  the  accommodation  of  the  public 
in  general,  or  for  the  particular  accommodation  of  the  person  or 
persons  applying  for  the  same,  and  to  make  any  highway  or  street, 
in  their  respective  towns  wider  and  straighter,  in  such  manner  and 
in  such  places  as  they  shall  judge  proper — Provided,  that  no  high- 
way shall  be  laid  out  or  any  alteration  be  made  in  an  existing 
highway  or  street  by  the  Selectmen  of  any  town,  until  a  time  and 
place  shall  have  been  by  them  appointed  for  hearing  the  owners  of 
the  land  through  which  such  higway  is  proposed  to  be  laid  out,  or 
alteration  made,  and  notice  thereof  in  writing  be  given  to  such 
owners  in  the  same  way  and  manner  as  is  hereinbefore  directed  in 
the  case  of  highways  laid  out  and  altered  by  the  road  commissioners. 

Section  15.  And  be  it  further  enacted,  That  when  the  Select- 
men of  any  town  shall  lay  out  a  highway  or  make  alterations  in  ex- 
isting highways  or  streets,  they  shall  make  a  return  thereof,  in  which 
the  way,  or  alterations,  shall  be  particularly  described,  and  the 
width  thereof  stated,  and  shall  cause  the  same  to  be  recorded  with 
the  clerk.  And  such  selectmen  shall  assess  the  damages  thereby 
sustained  by  the  owners  of  the  land,  and  shall  insert  in  the  record 
the  sums  so  assessed;  and  that  the  highway  is  for  the  accommoda- 
tion of  the  public,  or  particular  individuals,  naming  them,  as  the 
case  may  be.  And  the  damages  assessed  shall  be  paid  in  the  same 
way  and  manner,  as  is  herein  before  directed  for  the  payment  of 
damages  assessed  by  the  road  commissioners — 

Section  16  And  be  it  further  enacted,  That  any  person  who 
may  think  himself  aggrieved  by  the  selectmen  of  any  town,  in  as- 
sessing the  damages  done  to  him  by  any  new  highway  laid  out  as 
aforesaid,  or  by  the  alteration  in  any  highway  or  street,  as  afore- 
said, may  apply  by  petition  in  writing  to  the  road  commissioners 
for  redress,  and  the  said  road  commissioners  shall  appoint  a  time 


922  LAWS  OF   NEW  HAMPSHIRE 

and  place  for  a  hearing  on  such  petition  and  for  viewing  the  ground; 
and  shall  cause  due  notice  thereof  to  be  given  to  the  selectmen,  in 
the  same  way  and  manner,  as  is  herein  before  directed,  in  the 
case  of  highways  laid  out  by  said  road  commissioners,  and  shall 
order  such  redress  as  justice  may  require,  and  may  order  either  of 
the  parties  to  pay  costs  as  they  may  think  just,  and  may  issue 
execution  for  the  damages  and  costs  against  the  towns,  or  for  costs 
in  favor  of  the  town  and  against  the  party  making  the  application. 

Section  17.  And  be  it  further  enacted,  That  the  inhabitants 
of  any  town  in  this  State,  at  a  legal  meeting  holden  for  the  purpose, 
may  discontinue  any  highway  laid  out  within  the  limits  of  such 
town — Provided,  that  if  such  highway  shall  not  have  been  laid  out 
by  the  selectmen  of  such  town,  the  same  shall  not  be  discontinued 
without  the  consent  of  the  road  commissioners  first  had  and  ob- 
tained, And  provided  also,  that  in  all  cases  when  on  the  neglect  or 
refusal  of  the  selectmen  of  any  town  to  lay  out  any  highway,  for 
which  an  application  has  been  made  to  them  a  petition  shall  be 
presented  to  the  road  Commissioners  to  lay  out  the  same  and  during 
the  pendency  of  such  petition  before  said  road  commissioners  the 
selectmen  of  such  town  shall  lay  out  the  highway  the  town  shall  not 
discontinue  such  highway  without  the  consent  of  said  road  commis- 
sioners, nor  shall  it  in  any  -case  be  lawful  for  a  town  when  on  the 
neglect  of  such  town  to  make  or  repair  any  highway  within  the 
same  a  petition  in  writing  shall  have  been  presented  to  said  road 
commissioners  for  such  neglect  to  discontinue  such  highway  without 
the  consent  of  said  road  commissioners. 

Section  18.  And  be  it  further  enacted,  That  no  indictment 
shall  hereafter  be  presented  or  sustained  against  any  town  in  this 
State  for  neglect  or  refusal  to  make  and  open  a  new  Highway  or  to 
repair  highways  or  bridges  or  to  rebuild  bridges  or  to  make  existing 
highways  or  streets  wider  and  straighter,  provided  that  all  indict- 
ments for  the  purposes  aforesaid  pending  in  the  Superior  Court  of 
Judicature  in  any  county  in  this  State  at  the  time  of  the  passage  of 
this  act  shall  be  prosecuted  in  the  same  way  and  manner  as  if  this 
act  had  not  been  passed. 

Section  19.  And  be  it  further  enacted,  That  an  act  entitled  "an 
act  for  laying  out  highways"  passed  the  eighth  day  of  February 
1 79 1.  an  act  entitled  "an  act  in  addition  to  an  act  entitled  an  act 
for  laying  out  highways"  passed  the  eleventh  day  of  December 
1804,  an  act  entitled  "an  act  empowering  the  Selectmen  of  any  town 
in  this  State  to  make  roads  and  streets  wider  and  straighter"  passed 
the  twenty  eighth  day  of  December  1803"  an  act  "entitled  an  act 
authorizing  the  Superior  Court  of  Judicature  to  cause  highways  to 
be  established  in  certain  cases"  passed  on  the  twenty  seventh  day 
of  June  1 821"  an  act  entitled  "an  act  to  establish  the  compensation 
of  committees  appointed  by  the  Court  of  Sessions  to  examine  routes 
and  lay  out  highways  passed  the  twenty  sixth  day  of  June  1821  an 


LAWS  OF   NEW  HAMPSHIRE  923 

act  entitled  "an  act  in  addition  to  and  amendment  of  an  act  entitled 
an  act  for  laying  out  highways"  passed  on  the  third  day  of  July 
1823,  an  act  in  addition  to  an  act  empowering  the  selectmen  of  any 
town  in  this  State  to  make  roads  and  streets  wider  and  straighter" 
passed  on  the  third  day  of  July  1826,  an  act  concerning  the  discon- 
tinuance of  highways"  passed  on  the  twenty  ninth  day  of  June 
1827,  and  all  acts  and  parts  of  acts  heretofore  passed  coming  within 
the  purview  of  this  act,  be  and  the  same  hereby  are  repealed.  Pro- 
vided, that  the  said  acts  hereby  repealed  shall  remain  in  force  for 
the  adjudication  and  determining  all  matters  and  things  now  pend- 
ing in  the  Court  of  Common  Pleas  &  which  shall  be  retained  in  said 
Court  by  the  petioners  agreeably  to  the  provisions  of  this  act  and 
all  things  done  under  the  said  acts  hereby  repealed  shall  remain  in 
the  same  force  as  if  this  act  had  never  been  passed. 


[CHAPTER  118.] 


State  of  ) 

New  Hampshire.  \ 


An  Act  for  making  and  establishing  a  new  proportion  for 
the  assessment  of  public  taxes,  among  the  several  towns 
and  places  within  this  state,  and  to  authorize  the  treas- 
urer to  issue  his  warrants  for  levying  the  same. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  511.  Session  Laws,  1828, 
Chap.  118.     Laws,  1830  ed.,  p.  545.] 

Section  1 — Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  convened,  That  of  every  thousand 
dollars  of  public  taxes,  hereafter  to  be  raised,  the  proportion  which 
each  town  and  place  shall  pay,  and  for  which  the  Treasurer  of  the 
State  is  hereby  authorized  to  issue  his  warrant,  shall  be  as  follows — 
to  wit — 

County  of  Rockingham. 

Atkinson,  two  dollars  seventy  four  cents  2.74 

Brentwood,  four  dollars  eighteen  cents  4-x8 

Candia,  four  dollars  ninety  cents  4-9° 

Chester,  seven  dollars  forty  cents  7-4° 

Deerfield,  eight  dollars  eighteen  cents  8.18 

Derry, seven  dollars  fifty  four  cents  7-54 

East  Kingston,  one  dollar  eighty  nine  cents  1.89 

Epping, six  dollars  forty  two  cents  6.42 

Exeter, nine  dollars  fifty  six  cents  9.56 

Greenland three  dollars  sixty  six  cents  3.66 

Hampstead three  dollars  fifty  nine  cents  3.59 


924 


LAWS  OF   NEW   HAMPSHIRE 


Hampton four  dollars  sixty  seven  cents 

Hampton  Falls       three  dollars  twenty  seven  cents 

Hawke one  dollar  eighty  seven  cents 

Kensington  three  dollars  thirty  three  cents 

Kingston  three  dollars  sixty  seven  cents 

Londonderry  five  dollars  seventeen  cents 

New  Castle  one  dollar  forty  one  cents 

Newington  two  dollars  twenty  four  cents 

New-Market  eight  dollars  thirty  nine  cents 

Newtown  one  dollar  eighty  six  cents 

North  Hampton     three  dollars  thirty  seven  cents 
Northwood  five  dollars  four  cents 

Nottingham  five  dollars  thirty  five  cents 

Plaistow two  dollars  twelve  cents 

Poplin one  dollar  ninety  eight  cents 

Portsmouth forty  two  dollars  forty  one  cents 

Raymond three  dollars  forty  three  cents 

Rye three  dollars  ninety  four  cents 

Salem four  dollars  fifty  cents 

Sandown  two  dollars  thirty  seven  cents 

Seabrook  three  dollars  fourteen  cents 

South  Hampton      two  dollars  forty  three  cents 
Stratham  three  dollars  ninety  two  cents 

Windham  three  dollars  twenty  three  cents 


4.67 

3-27 
1.87 

3-33 
3-67 

S-i7 
1.41 

2.24 

8-39 
1.86 

3-37 

5-04 

5-35 
2.12 

1.98 

42.41 

3-43 
3-94 
4-50 
2-37 
3-14 
2-43 
3-92 
3-23 


$183.17 


County  of  Strafford — 


Alton 

Barnstead 

Barrington 

Brookfield 

Burton 

Centre  Harbour 

Chatham 


five  dollars  sixty  two  cents 
six  dollars  twenty  five  cents 
six  dollars  thirty  five  cents 
two  dollars  seventeen  cents 
eighty  one  cents 
one  dollar  eighty  two  cents 
one  dollar  forty  cents 

Conway four  dollars  forty  one  cents 

Dover twenty  three  dollars  eight  cents. 

Durham seven  dollars  thirteen  cents 

Eaton three  dollars  fifty  six  cents 

Effingham five  dollars  seventy  seven  cents. 

Farmington five  dollars  thirty  nine  cents 

Gilmanton twelve  dollars  ninety  two  cents. 

Gilford five  dollars  seventy  two  cents 

Lee three  dollars  fifty  five  cents 

Madbury two  dollars  fifty  cents 

Meredith nine  dollars  fifty  nine  cents 


5.62 
6.25 

6-35 
2.17 

0.81 

1.82 

1.40 

•  4-4i 
.23.08 

•  7-13 

•  3-56 

•  5-77 

•  5-39 
.12.92 

•  5-72 

•  3-55 

•  2.50 

•  9-59 


LAWS   OF   NEW  HAMPSHIRE  925 

Middleton one  dollar  fifty  one  cents 1.51 

Milton four  dollars  one  cent 4.01 

Moultonborough...four  dollars  fifty  four  cents 4.54 

New  Durham three  dollars  fifty  nine  cents 3.59 

New  Hampton five  dollars  forty  four  cents 5.44 

Ossipee four  dollars  seventy  seven  cents 4.77 

Rochester seven  dollars  eighty  cents 7.80 

Sandbornton ten  dollars  sixteen  cents 10.16 

Sandwich eight  dollars  forty  four  cents 8.44 

Somersworth eleven  dollars  ninety  four  cents 11 .94 

Strafford six  dollars  seventy  six  cents 6.76 

Tamworth four  dollars  forty  five  cents 4.45 

Tuftonborough four  dollars  twenty  five  cents 4.25 

Wakefield four  dollars  seventy  eight  cents 4.78 

Wolfeborough five  dollars  fifty  six  cents 5.56 


$196.04 


County  of  Merrimack — 

Allenstown one  dollar  fifteen  cents 1.15 

Andover four  dollars  seventy  four  cents 4.74 

Boscawen  eight  dollars  twenty  four  cents  8.24 

Bow  three  dollars  forty  cents  3.40 

Bradford  four  dollars  forty  two  cents  4.42 

Canterbury  six  dollars  sixty  six  cents  6.66 

Chichester  three  dollars  fifty  two  cents  3.52 

Concord  thirteen  dollars  seventy  three  cents  13.73 

Dunbarton  three  dollars  eighty  eight  cents  3.88 

Epsom  five  dollars  six  cents  5.06 

Fishersfield  two  dollars  fifty  seven  cents  2.57 

Franklin  four  dollars  sixty  one  cents  4.61 

Henniker  seven  dollars  eighty  nine  cents  7.89 

Hooksett  three  dollars  thirty  eight  cents  3.38 

Hopkinton  nine  dollars  fifty  cents  9.50 

Loudon  seven  dollars  two  cents  7.02 

New  London  three  dollars  3.00 

Northfield  four  dollars  sixteen  cents  4.16 

Pembroke  five  dollars  twenty  five  cents  5.25 

Pittsfield  five  dollars  sixty  three  cents  5.63 

Salisbury six  dollars 6.00 

Sutton  four  dollars  forty  seven  cents 4.47 

Warner  six  dollars  ninety  three  cents  6.93 

Wilmot  two  dollars  fifty  two  cents  2.52 

$127.73- 


926 


LAWS   OF    NEW   HAMPSHIRE 


Amherst 

Antrim 

Bedford 

Brookline 

Deering 

Dunstable 

Francestown 

Goffstown 

Greenfield 

Hancock 

Hillsborough 

Hollis 

Litchfield 

Lyndeborough 

Manchester 

Mason 

Merrimack 

Milford 

Montvernon 

New  Boston 

New  Ipswich 

Nottingham  West 

Pelham 

Peterborough 

Sharon 

Society  Land 

Temple 

Weare 

Windsor 

Wilton 


County  of  Hillsborough — 

six  dollars  seventeen  cents  6.17 

four  dollars  ninety  two  cents  4.92 

five  dollars  forty  five  cents  5.45 

one  dollar  ninety  four  cents  1.94 

five  dollars  twenty  five  cents  5.25 

ten  dollars —  10.00 

seven  dollars  nine  cents  7.09 

nine  dollars  fourteen  cents  9.14 

three  dollars  sixty  six  cents  3.66 

five  dollars  twenty  six  cents  5.26 

seven  dollars  twenty  eight  cents   *  7.28 

four  dollars  ninety  one  cents  4.91 

one  dollar  eighty  three  cents  1.83 

four  dollars  five  cents  4.05 

two  dollars  sixty  nine  cents  2.69 

three  dollars  seventy  eight  cents  3.78 

four  dollars  twenty  three  cents  4.23 

five  dollars  nine  cents  5.09 

two  dollars  seventy  four  cents  2.74 

six  dollars  twenty  eight  cents  6.28 

seven  dollars  nine  cents  7-oq 

four  dollars  twenty  three  cents  4.23 

four  dollars  seventy  six  cents  4.76 

seven  dollars  seventeen  cents  7.17 

one  dollar  fifty  eight  cents  1.58 

sixty  five  cents 0.65 

two  dollars  eighty  eight  cents 2.88 

ten  dollars  sixty  two  cents 10.62 

one  dollar  four  cents 1.04 

four  dollars  forty  two  cents 4.42 


$146.20 


Alstead 

Chesterfield 

Dublin 

Fitzwilliam 

Gilsum 

Hinsdale 

Jaffrey 

Keene 

Marlborough 

Marlow 


County  of  Cheshire — 

five  dollars  ninety  three  cents 
seven  dollars  twenty  nine  cents 
five  dollars  nine  cents  - 
four  dollars  fifty  six  cents 
one  dollar  seventy  nine  cents 
two  dollars  ninety  five  cents 
five  dollars  sixty  nine  cents 
ten  dollars  thirty  one  cents 
two  dollars  sixty  six  cents 
two  dollars  eighty  three  cents 


5-93 
7.29 

5-09 
4.56 
1.79 

2-95 

5-69 

10.31 

2.66 
2.83 


LAWS  OF   NEW   HAMPSHIRE 


927 


Nelson 

Richmond 

Rindge 

Roxbury 

Stoddard 

Sullivan 

Surry 

Swanzey 

Troy 

Walpole 

Westmoreland 

Winchester 


three  dollars  forty  six  cents 
four  dollars  forty  two  cents 
four  dollars  eighty  nine  cents 
one  dollar  thirty  two  cents 
four  dollars  seventy  eight  cents 
two  dollars  fifty  three  cents 
two  dollars 

six  dollars  twenty  seven  cents 
two  dollars  forty  two  cents 
ten  dollars  fifty  cents 
six  dollars  eighty  one  cents 
six  dollars  forty  seven  cents 


346 
4.42 

89 
32 

78 

53 
00 

27 

42 


10.50 
6.81 
6.47 

$104.97 


Acworth 

Charlestown 

Claremont 

Cornish 

Croydon 

Goshen 

Grantham 

Langdon 

Lempster 

Newport 

Plainfield 

Springfield 

Unity 

Washington 

Wendell 


County  of  Sullivan — 

six  dollars  fourteen  cents 
eight  dollars  seventy  eight  cents 
eleven  dollars  twenty  cents 
seven  dollars  sixty  two  cents 
three  dollars  eighty  six  cents 
two  dollars  sixty  four  cents 
four  dollars  fifteen  cents 
two  dollars  eighty  three  cents 
three  dollars  sixty  two  cents 
seven  dollars  ninety  eight  cents 
six  dollars  sixty  one  cents 
four  dollars 

four  dollars  seventy  nine  cents 
three  dollars  ninety  five  cents 
two  dollars  thirty  two  cents 


6.14 
8.78 
11.20 
7.62 
3.86 
2.64 

4-i5 
2.83 
3.62 
7.98 
6.61 
4.00 

4-79 

3-95 
2.32 

$80.49 


Alexandria 

Bath 

Bethlehem 

Bridgewater 

Bristol 

Campton 

Canaan 

Coventry 

D anbury 

Dorchester 


County  of  Grafton. 

two  dollars  eighty  four  cents 
six  dollars  seventeen 'cents 
two  dollars  twenty  one  cents 
two  dollars  sixty  seven  cents 
two  dollars  fifty  one  cents 
four  dollars  thirty  six  cents 
four  dollars  ninety  six  cents 
one  dollar  nine  cents 
two  dollars  fourteen  cents 
two  dollars  twenty  seven  cents 


2.84 
6.17 
2.21 
2.67 
2.51 

4-30 
4.96 

1.09 

2.14 

2  27 


928 


LAWS  OF   NEW   HAMPSHIRE 


Dame's  Gore 

Eighteen  cents 

0.18 

Ellsworth 

Fifty  three  cents 

o-53 

Enfield 

five  dollars  eighty  four  cents 

5-84 

Foss  &  Gillis' 

Grant 

seventeen  cents 

0.17 

Franconia 

one  dollar  forty  eight  cents 

1.48 

Grafton 

four  dollars  three  cents 

4-03 

Groton 

two  dollars  thirty  eight  cents 

2.38 

Hanover 

eight  dollars  thirteen  cents 

8.13 

Haverhill 

seven  dollars  twenty  eight  cents 

7.28 

Hebron 

two  dollars  one  cent 

2.01 

Holderness 

four  dollars  sixty  two  cents 

4.62 

Landaff 

three  dollars  forty  eight  cents 

348 

Lebanon 

eight  dollars  three  cents 

8.03 

Lincoln 

Eleven  cents 

o.n 

Littleton 

four  dollars  ninety  four  cents 

4-94 

Lyme 

seven  dollars  thirty  seven  cents 

7-37 

Lisbon 

four  dollars  fifty  four  cents 

4-54 

Lyman 

five  dollars  five  cents 

5-05 

New-Chester 

three  dollars  forty  two  cents 

3-42 

Orange 

One  dollar  eleven  cents 

1. n 

Orford 

six  dollars  sixty  one  cents 

6.61 

Piermont 

four  dollars  fourteen  cents 

4.14 

Peeling 

ninety  four  cents 

0.94 

Plymouth 

four  dollars  seventy  cents 

4.70 

Rumney 

three  dollars  fifty  two  cents 

3-52 

Thornton 

three  dollars  forty  two  cents 

342 

Warren 

two  dollars  sixty  six  cents 

2.66 

Wentworth 

County  of  Coos — 

346 

$135-37— 

Adams, 

One  dollar  forty  one  cents 

1.41 

Bartlett, 

one  dollar  forty  nine  cents 

1.49 

Bretton  woods 

twenty  six  cents 

0.26 

Cambridge 

nineteen  cents 

0.19 

Colebrook 

two  dollars  nineteen  cents 

2.19 

Columbia 

one  dollar  fifty  four  cents 

i-54 

College  Grant 

twenty  nine  cents 

0.29 

Dalton 

one  dollar  seventy  cents 

1.70 

Dixville 

nine  cents 

0.09 

Dummer 

eighteen  cents 

0.18 

Errol 

forty  two  cents 

0.42 

Erving's  Location  Two  cents 

0.02 

Greens  Grant 

Two  cents 

0.02 

Hales  Location 

four  cents 

0.04 

LAWS  OF   NEW  HAMPSHIRE  929 

Harts  Location  Eight  cents  0.08 
Jefferson  one  dollar  thirty  four  cents  1.34 
Kilkenny  fifteen  cents  0.15 
Lancaster  three  dollars  eighty  cents  3.80 
Maynesborough  thirty  one  cents  0.31 
Millsfield  fourteen  cents  0.14 
Milan  Sixty  three  cents  0.63. 
Northumberland  one  dollar  fifty  four  cents  1.54 
Nash  and  Saw- 
yer's Location  Seven  cents  0.07 
Piercy  Seventy  three  cents  0.73 
Randolph  forty  four  cents  0.44 
Stratford  one  dollar  forty  nine  cents  1.49 
Shelburne  one  dollar  twenty  one  cents  1.2 1 
Shelburne  addi- 
tion thirty  cents —  0.30 
Stewartstown          one  dollar  eighty  two  cents  1.82 

Success Seventeen  cents  0.17 

Wentworth's  Lo- 
cation  Seven  cents 0.07 

Winslow's  Loca- 
tion  Six  cents 0.06 

Whitefield One  dollar  eighty  four  cents 1.84 


$26.03 


Section  2.  And  be  it  further  enacted,  that  the  same  shall  be  the 
proportion  for  the  assessment  of  all  public  taxes,  until  a  new  pro- 
portion shall  be  made  and  established,  and  that  the  Treasurer  for 
the  time  being  issue  his  warrants  accordingly — 


[CHAPTER  119.] 


State  of  } 

New  Hampshire.  \ 


An  Act  in  favor  of  Samuel  A.  Kimball,  Philip  Carrigain  and 
James  Wilcomb — 

[Approved  January  3,  1829.     Acts,  vol.  26,  p.  523.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  that  Samuel  A.  Kimball  be  allowed  the 
sum  of  one  hundred  and  five  dollars  and  fifty  cents;  that  Philip 
Carrigain  be  allowed  the  sum  of  one  hundred  and  twenty  dollars, 
and  that  James  Wilcomb  be  allowed  the  sum  of  sixty  three  dollars 
in  full  of  their  respective  accounts,  and  that  said  sums  be  paid  out 
of  the  Treasury — 

59 


93°  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  120.] 

State  of         } 
New  Hampshire.  ) 

An  act  to  incorporate  the  Sandbornton  Library  Society 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  525.] 

Section  1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  that  Asa  Currier,  Ebenezer 
Lane,  Nathan  Taylor,  their  associates  and  successors  are  hereby 
made  a  corporation  by  the  name  of  the  Sandbornton  Library  So- 
ciety, with  power  to  hold  personal  estate  not  exceeding  one  thou- 
sand dollars  in  value  for  the  support  of  said  library,  with  all  the 
powers  incident  to  corporations  of  a  similar  nature 

Section  2.  And  be  it  further  enacted  that  Asa  Currier,  Eben- 
ezer Lane  and  Nathan  Taylor  or  either  two  of  them  may  call  the 
first  meeting  of  said  corporation,  by  posting  up  a  notice  thereof,  at 
two  public  places  in  the  town  of  Sandbornton  at  least  ten  days  prior 
to  the  time  of  holding  the  same 


[CHAPTER  121.] 


State  of         ) 
New  Hampshire.  { 


An  act  prescribing  the  times  and  places  for  holding  the 
Superior  Court,  the  Court  of  Common  Pleas,  and  the 
Courts  of  Probate  in  the  several  Counties. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  527.  Session  Laws,  1828, 
Chap.  I2i.  Laws,  1830  ed.,  p.  523.  See  also  acts  of  February  9,  1791,  Laws 
of  New  Hampshire,  vol.  5,  p.  635;  December  15,  1796,  id.,  vol.  6,  p.  373;  June 
20,  1810,  id.,  vol.  7,  p.  886,  and  January  13,  1837,  Session  Laws,  1836,  Novem- 
ber session,  Chap.  271.  Partly  repealed  by  acts  of  July  2,  1831,  id.,  1831, 
Chap.  39,  November  30,  1832,  id.,  1832,  Chap.  93,  and  December  29,  1832,  id., 
Chap.  89.  Wholly  repealed  by  act  of  December  23,  1842.  See  Revised  Stat- 
utes (1842),  Chap.  230.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  the  Superior  Court  of 
Judicature  shall  be  holden  annually  at  Portsmouth  on  the  first  Tues- 
day of  January  and  at  Exeter  on  the  first  Tuesday  of  August  in 
and  for  the  County  of  Rockingham;  at  Dover  on  the  third  Tuesday 
of  January  ant  at  Gilford  on  the  third  Tuesday  of  August  in  and 
for  the  County  of  Strafford;  at  Concord  on  the  first  Tuesday  of 
February  and  on  the  first  Tuesday  of  September  in  and  for  the 
County  of  Merrimack;  at  Amherst  on  the  third  Tuesday  of  Feb- 
ruary and  on  the  third  Tuesday  of  September  in  and  for  the  County 


LAWS  OF   NEW  HAMPSHIRE  93  I 

of  Hillsborough:  at  Keene  on  the  first  Tuesday  of  April  and  on  the 
first  Tuesday  of  October  in  and  for  the  County  of  Cheshire;  at 
Newport  on  the  third  Tuesday  of  April  and  on  the  third  Tuesday 
of  October  in  and  for  the  County  of  Sullivan;  at  Haverhill  on  the 
first  Tuesday  of  May  and  at  Plymouth  on  the  first  Tuesday  of 
November,  in  and  for  the  County  of  Grafton:  and  at  Lancaster 
on  the  third  Tuesday  of  May  in  and  for  the  County  of  Coos.  Pro- 
vided, that  the  term  of  the  Superior  Court  of  Judicature,  which,  by 
law  is  now  to  be  holden  at  Lancaster  in  and  for  the  County  of  Coos 
on  the  first  Tuesday  of  November,  next,  shall  be  holden  at  said 
Lancaster  on  the  second  Tuesday  of  July  next. 

Section  2.  And  be  it  further  enacted,  that  the  Court  of  Common 
Pleas  shall  be  holden  annually  at  Exeter  on  the  third  tuesday  of 
March  and  at  Portsmouth  on  the  first  tuesday  of  October  annually 
in  and  for  the  county  of  Rockingham  at  Rochester  on  the  first  tues- 
day of  April  and  at  Gilmanton  the  third  tuesday  of  October  in  and 
for  the  County  of  Strafford  At  Concord  on  the  third  tuesday  of 
April  and  the  first  tuesday  of  November  in  and  for  the  County  of 
Merrimack.  At  Amherst  on  the  first  Tuesday  of  May  and  on  the 
third  Tuesday  of  November  in  and  for  the  County  of  Hillsborough. 
A  Keene  on  the  first  Tuesday  of  January  and  on  the  first  Tuesday  of 
August  in  and  for  the  County  of  Cheshire.  At  Newport  on  the 
Third  Tuesday  of  January  and  on  the  third  Tuesday  of  August  in 
and  for  the  County  of  Sullivan.  At  Haverhill  on  the  first  Tuesday 
of  February,  and  at  Plymouth  on  the  first  Tuesday  of  September  in 
and  for  the  County  of  Grafton.  At  Lancaster  on  the  third  Tuesday 
of  February,  and  on  the  third  Tuesday  of  September  in  and  for  the 
County  of  Coos. 

Section  3.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Rockingham,  at  the  follow- 
ing times  and  places  annually,  at  Exeter  on  the  Wednesday  follow- 
ing the  Third  Tuesday  of  March,  and  on  the  Wednesday  following 
the  second  Tuesday  of  each  and  every  other  month;  at  Ports- 
mouth on  the  second  Tuesday  of  January,  May,  July,  September 
and  November  and  the  third  Tuesday  of  March;  at  Derry  on  the 
first  Tuesday  in  January  and  on  the  Thursday  next  following  the 
first  Tuesday  in  May,  and  on  the  first  Tuesday  of  September,  and  at 
Deerfield  on  the  Wednesdays  following  the  first  Tuesdays  of  Jan- 
uary, May  and  September. 

Section  4.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Merrimack  at  the  following 
times  and  places  annually,  at  Concord  on  the  fourth  Tuesday  of 
each  and  every  month. 

Section  5.  And  be  it  further  enacted,  That,  a  court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Hillsborough  at  the  follow- 
ing times  and  places  annually,  at  Amherst  on  the  last  Tuesdays  of 
February,   March,   May,   June,   August,   October,   November   and 


93 2  LAWS  OF   NEW  HAMPSHIRE 

December;  at  Francestown  on  the  first  Tuesday  of  February  and 
on  the  last  Tuesdays  but  one  of  May,  August  and  November;  at 
Goffstown  on  the  last  Tuesdays  of  January  and  September,  at 
Dunstable  on  the  first  Tuesdays  of  January  and  July,  and  at  Tem- 
ple on  the  first  Tuesdays  of  March  and  August. 

Section  6.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Cheshire  at  the  following 
times  and  places  annually,  at  Keene  on  the  first  Tuesdays  of  every 
month,  and  on  the  third  Tuesdays  of  March,  April,  May,  September, 
October  and  November. 

Section  7.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Sullivan,  at  the  following 
times  and  places  annually,  at  Charlestown  on  the  last  Wednesday  of 
every  month,  at  Claremont  on  the  third  Wednesday  of  January  and- 
on  the  second  Wednesday  of  July,  and  at  Newport  on  the  second 
Wednesdays  of  April  and  October. 

Section  8.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Grafton  at  the  following 
times  and  places  annually,  at  Haverhill  on  the  third  Tuesdays  of 
January,  May  and  September,  at  Plymouth  on  the  third  Tuesdays 
of  February,  June  and  October,  at  Hanover  on  the  third  Tuesday  of 
April,  at  Canaan  on  the  third  Tuesday  of  March,  at  Lebanon  on  the 
third  Tuesday  of  July,  at  Bristol  on  the  third  Tuesday  of  August, 
at  Bath  on  the  third  Tuesday  of  November,  and  at  Wentworth  on 
the  third  Tuesday  of  December. 

Section  9  And  be  it  further  enacted,  that  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Strafford  at  the  following 
times  and  places  annually;  at  Gilford  on  the  Tuesday  following  the 
second  Monday  of  May,  at  Moultonborough  on  Wednesday,  at 
Ossipee  on  the  Thursday,  at  Wolfborough  on  the  Friday,  at  Roch- 
ester on  the  Saturday  next  following  the  second  Monday  of  May, 
and  on  the  Saturday  next  following  the  second  Monday  of  Septem- 
ber, at  Dover  on  the  third  Monday  of  May  and  on  the  third  Mon- 
day of  September,  at  Gilmanton  on  the  second  Monday  of  Septem- 
ber at  Sandwich  on  Wednesday  at  Eaton  on  Thursday  and  at 
Wakefield  on  Friday  next  following  the  second  Monday  of  Septem- 
ber, and  at  Sandbornton  on  the  first  Thursday  of  July  the  first 
Thursday  of  March,  and  the  first  Thursday  of  December. 

Section  10.  And  be  it  further  enacted,  That  a  Court  of  Probate 
shall  be  holden  in  and  for  the  County  of  Coos  at  the  following  times 
and  places  annually,  at  Lancaster  on  the  first  Tuesday  of  July,  at 
Bartlett  on  the  first  Tuesday  of  February,  at  Northumberland  on 
the  first  Tuesday  of  September  and  at  Colebrook  on  the  first  Tues- 
day of  January. 

Section  11  And  be  it  further  enacted,  That  all  writs,  recog- 
nizances, warrants,  complaints,  and  every  other  matter  and  thing 
that  should  after  this  act  shall  take  effect,  be  returned  to,  or  entered 


LAWS  OF  NEW  HAMPSHIRE  933 

at  the  Superior  Court  of  Judicature,  Court  of  Common  Pleas,  and 
Courts  of  Probate  at  the  times  and  places  theretofore  appointed  and 
all  parties  and  persons,  that  may  be  required  or  directed  to  appear 
and  attend,  after  that  time,  at  the  times  and  places  theretofore  ap- 
pointed for  holding  the  several  Courts  aforesaid,  and  all  actions, 
matters,  and  suits,  that  may  be  pending  in  the  several  Courts  afore- 
said on  the  day  when  the  several  provisions  of  this  act  shall  take 
effect,  shall  be  returned  to,  entered,  appear,  and  attend,  have  day, 
be  tried  and  determined  in  the  same  Superior  Court  of  Judicature, 
Court  of  Common  Pleas,  and  Probate  Courts,  at  the  respective  times 
and  places  established  by  this  act. 

Section  13.  And  be  it  further  enacted,  That  the  two  first  sec- 
tions of  this  act  shall  be  in  force  from  and  after  the  first  day  of 
June  next,  and  the  remaining  sections  of  this  act  from  and  after 
the  first  day  of  February  next;  and  that  from  and  after  the  time 
when  the  several  sections  of  this  act  shall  take  effect,  all  acts  and 
parts  of  acts,  so  far  as  they  come  within  the  provisions  of  this  act, 
be  and  they  hereby  are  repealed. 


[CHAPTER  122.] 


State  of         ) 
New  Hampshire.  \ 


An  act  to  repeal  an  act  therein  named. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  539.  Session  Laws,  1828, 
Chap.  122.  Laws,  1830  ed.,  p.  190-  The  act  referred  to  is  printed  in  Laws 
of  New  Hampshire,  vol.  7,  p.  642.  See  also  acts  of  December  28,  1805,  id., 
p.  469;  June  22,  1831,  Session  Laws,  1831,  Chap.  25,  and  January  3,  1833, 
id.,  1832,  November  session,  Chap.  94.] 

Section  1.  Be  it  enacted  by  the  Senate  and  house  of  Repre- 
sentatives in  General  Court  Convened,  That  an  act  passed  June 
tenth  A.D.  eighteen  hundred  and  eight,  entitled  an  act  regulating 
the  mode  of  putting  pine  timber  into  Connecticut  River  be,  and 
the  same  is  hereby  repealed  so  far  as  relates  to  said  river  from  its 
source  to  Ingall's  eddy. 

Section  2.  And  be  it  further  enacted,  That  the  act  entitled  an 
act  to  prevent  damage  which  may  be  done  by  lumber  to  owners  of 
land  lying  on  and  adjoining  any  river  in  this  State"  passed  Dec. 
28th  1805  be  revived  and  in  force  as  to  that  part  of  the  act  of  June 
10.  1808  which  is  hereby  repealed 


934  LAWS  OF   NEW  HAMPSHIRE 

[CHAPTER  123.] 

State  of  } 

New  Hampshire.  \ 

An  act  in  favor  of  Edward  Philbrick  and  others. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  541] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened.  That  Edward  Philbrick  be  allowed  the  sum 
cf  one  hundred  thirty  three  dollars  twelve  cents  that  David  George 
be  allowed  the  sum  of  one  hundred  and  one  dollars,  that  Erastus 
Underwood  be  allowed  the  sum  of  eight  dollars  twenty  five  cents 
that  Jewett  Bishop  be  allowed  the  sum  of  ninety  eight  dollars,  that 
Aaron  Carter  be  allowed  the  sum  of  one  hundred  and  two  dollars 
and  that  Enoch  Dickerman  be  allowed  the  sum  of  twenty  six  dollars 
and  twenty  five  cents  in  full  of  their  respective  accounts,  and  that 
said  sums  be  paid  out  of  the  Treasury. 


[CHAPTER  124.] 


State  of  \ 

New  Hampshire.  \ 


An  act  in  favor  of  Benjamin  B.  French. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  543.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,  That  Benjamin  B.  French  be  allowed  the 
sum  of  eighty  dollars  in  full  of  his  account  for  services  as  engrossing 
clerk,  and  that  said  sum  be  paid  out  of  the  Treasury. 

[CHAPTER  125.] 

State  of         \ 
New  Hampshire.  ( 

An  act  to  incorporate  the  Concord  Mechanic's  Association. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  545.] 

Section  1.  Be  it  enacted  by  the  senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  George  Hough,  Timothy 
Chandler,  Simeon  Virgin,  Isaac  Eastman,  Benjamin  Damon,  Nathan 
Farley,  Lewis  Downing,  Stephen  Brown,  David  Allison,  Thomas  W. 
Thorndike,  Peter  Elkins,  Jacob  B.  Moore,  Elijah  Mansur,  their 
associates  and  successors,  be  and  they  hereby  are  incorporated  and 
made  a  body  politic,  by  the  name  and  style  of  the  Concord  Me- 


LAWS   OF   NEW  HAMPSHIRE  935 

chanic's  Association;  and  by  that  name  may  sue  and  be  sued,  pros- 
ecute and  defend  to  final  Judgment  and  execution;  and  shall  be, 
and  hereby  are  vested  with  all  the  privileges  and  powers  which  by 
law  are  incident  to  Corporations  of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  the  Corporation 
hereby  established  be,  and  the  same  hereby  is,  authorized  and  em- 
powered to  have,  receive  and  hold  in  fee  simple,  or  any  less  estate, 
by  gift,  grant  or  otherwise  any  real  estate  not  exceeding  in  value  the 
sum  of  two  thousand  dollars,  and  personal  estate  not  exceeding  in 
value  the  sum  of  three  thousand  dollars;  and  the  same  may  use  and 
employ  for  the  promotion  of  Industry  good  order  and  regularity  in 
business,  and  for  the  advancement  of  the  mechanic  arts  and  the  en- 
couragement of  the  artizan,  and  for  the  benefit  of  the  association 
may  sell  alienate  and  dispose  of  the  same  at  pleasure. 

Section  3.  And  be  it  further  enacted,  That  the  said  George 
Hough,  Isaac  Eastman,  and  Nathan  Farley  or  any  two  of  them  may 
call  the  first  meeting  of  said  Corporation  at  any  suitable  time,  and 
place  in  Concord  in  the  county  of  Merrimack,  by  advertisement  in 
one  or  more  of  the  newspapers  printed  in  said  Concord,  giving  notice 
of  the  time,  place  and  design  of  said  meeting  at  least  ten  days  prior 
thereto;  at  which  first  meeting  or  at  any  adjournment  thereof  the 
members  of  the  Corporation  by  a  majority  of  votes  may  fix  the  time 
of  the  annual  meeting,  and  agree  on  the  manner  of  calling  their 
annual  and  occasional  meeting;  and  at  the  same  or  any  subsequent 
meeting  duly  holden,  may  choose  all  such  officers  as  they  may  deem 
necessary;  may  make  and  establish  such  rules  and  regulations  as 
may  be  proper  for  the  government  of  the  Corporation  and  the  pru- 
dent management  of  its  affairs  and  may  annex  penalties  to  the 
breach  thereof  not  exceeding  five  dollars  for  any  one  offence;  may 
devise  means  for  raising  such  sum  or  sums  of  money  as  the  exigen- 
cies of  the  Corporation  may  require,  and  do  and  transact  any  busi- 
ness in  relation  to  the  beneficial  designs  contemplated  by  this  asso- 
ciation. 


[CHAPTER  126.] 


State  0}  } 

New  Hampshire.  \ 


An  act  in  favor  of  Thomas  Woolson. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  549.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened. 

That  Thomas  Woolson  be  allowed  the  sum  of  three  dollars  and 
fifty  cents  in  full  of  his  account,  and  that  said  sum  be  paid  out  of 
the  Treasury. 


936  LAWS  OF  NEW  HAMPSHIRE 

[CHAPTER  127.] 

State  of         ) 
New  Hampshire.  ) 

An  Act  to  incorporate  Whitefield  Social  Library  Society 
[Approved  January  3,  1829.    Acts,  vol.  26,  p.  555.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  convened  that  Thomas  Montgomery,  W.  B. 
Merrill  Jeremiah  B  Walker,  and  their  associates  and  successors  are 
hereby  made  a  corporation  by  the  name  of  the  Whitefield  Social 
Library  Society  with  power  to  hold  personal  property  not  exceeding 
five  hundred  dollars  in°  value  for  the  support  of  said  Library,  with 
all  the  powers  incident  to  corporations  of  a  similar  nature 

Sec.  2  And  be  it  further  enacted  that  Thomas  Montgomery 
W.  B.  Merrill  and  Jeremiah  B  Walker  or  either  two  of  them  may 
call  the  first  meeting  of  said  corporation  by  posting  up  a  notice 
thereof  in  two  public  places  in  the  town  of  Whitefield  at  least  ten 
days  prior  to  the  time  of  holding  the  same 

[CHAPTER  128.] 

State  of         1 
New  Hampshire.  ) 

An  Act  to  incorporate  the  West  Boscawen  Social  Library 
Society. 

[Approved  January  3,  1829.     Acts,  vol.  26,  p.  557.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened,  That  Hezekiah  Fellows, 
Ebenezer  Price,  Joseph  Couch,  and  their  associates,  be  and  hereby 
are  made  a  corporation,  by  the  name  of  the  West  Boscawen  Social 
Library  Society,  to  be  established  and  kept  in  the  westerly  part  of 
Boscawen,  with  all  the  powers  and  privileges  incident  to  corpora- 
tions of  a  similar  nature — 

Sec.  2 — And  be  it  further  enacted,  that  Hezekiah  Fellows  Eben- 
ezer Price,  Joseph  Couch,  or  any  two  of  them,  may  call  the  first 
meeting  of  said  corporation,  by  advertisement  to  be  posted  up,  at 
two  or  more  public  places  in  said  Boscawen,  fourteen  days  before 
the  day  of  such  meeting.  And  the  said  Corporation  may  elect  such 
officers,  and  make  and  establish  such  by-laws,  and  regulations,  not 
repugnant  to  the  laws  of  this  State,  as  by  them  shall  be  deemed 
expedient  and  necessary  for  the  government  of  said  Corporation — 


LAWS  OF   NEW  HAMPSHIRE  937 

[CHAPTER  129.] 


State  of         I 
New  Hampshire.  \ 


An  Act  for  the  ease  and  relief  of  poor  Debtors. 

[Approved  January  3,  1829.  Acts,  vol.  26,  p.  563.  Session  Laws,  1828, 
Chap.  129.  Laws,  1830  ed.,  p.  476.  The  second  section  of  this  act  is  repealed 
by  act  of  January  3,  1833,  Session  Laws,  1832,  November  session,  Chap.  107. 
See  also  acts  of  July  2,  1825,  ante,  p.  465;  July  2,  1831,  Session  Laws,  1831, 
Chap.  30;  July  5,  1834,  id.,  1834,  Chap.  161;  June  30,  1837,  id.,  1837,  Chap. 
329,  and  July  4,  1838,  id.,  1838,  Chap.  370.  Repealed  by  act  of  December 
23,  1842.     See  Revised  Statutes   (1842),  Chap.  230.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened  that  the  wearing  apparel  nec- 
essary for  immediate  use  two  comfortable  beds,  bedstead,  and 
bedding  necessary  for  the  same  household  furniture  to  the  value 
of  twenty  dollars,  the  Bibles  and  school  books  in  actual  family  use, 
one  cow  one  ton  of  hay,  and  one  hog,  and  one  pig  not  over  six 
months  old,  and  in  case  the  debtor  be  a  mechanic  or  farmer,  tools 
of  his  occupation  to  the  value  of  twenty  dollars  six  sheep  and  the 
fleeces  of  the  same  sheep  while  in  possession  of  the  owner  of  the 
sheep  shall  be  altogether  exempted  from  attachment  and  execution 
and  no  officer  shall  attach  or  take  the  same  or  any  part  thereof 
either  upon  mesne  process  or  execution 

Section  2.  And  be  it  further  enacted  that  any  person  imprisoned 
on  mesne  process  in  any  civil  action,  or  upon  execution,  whether  the 
execution  be  against  a  plaintiff  or  defendant  shall  be  permitted  and 
allowed  to  have  a  chamber  and  lodging  in  any  of  the  houses  or 
apartments  belonging  to  such  prison  and  liberty  of  the  yard  thereto 
belonging  but  not  to  pass  without  the  limits  of  the  prison  yard  upon 
reasonable  payment  to  be  made  for  chamber  room  to  the  prison 
keeper  not  exceeding  seventeen  cents  per  week,  such  prisoner  giving 
bond  to  the  creditor  with  two  sufficient  sureties  being  freeholders 
in  this  state  to  be  bound  jointly  and  severally  in  double  the  sum 
for  which  such  prisoner  is  imprisoned  with  condition  in  the  same 
bond  underwritten  in  the  form   following  namely  "the  condition 

"of  the  above  obligation  is  such  that  if  the  above  bounden 

"now  a  prisoner  in  the  gaol  in at  the  suit  of 

"do  and  shall  from  henceforth  continue  a  true  prisoner  in  the  cus- 
tody guard,  and  safe  keeping  of keeper  of  the  said 

"prison  or  in  the  custody  guard  and  safekeeping  of  his  deputy, 
"officer,  steward  or  some  one  of  them  within  the  limits  of  said 
"prison  as  by  law  established  until  he  shall  be  lawfully  discharged 
"without  committing  any  escape  until  such  discharge,  then  this  obli- 
gation to  be  void  or  else  to  abide  in  full  force  and  virtue"  and 
the  blanks  in  said  condition  shall  be  filled  up  as  the  respective  cases 
may  require.    And  if  the  sureties  be  not  approved  by  the  creditor 


93^  LAWS  OF  NEW  HAMPSHIRE 

his  agent  or  attorney  who  prosecutes  or  who  prosecuted  the  said 
action,  then  any  two  justices  of  the  superiour  court  or  court  of 
common  pleas,  or  a  justice  of  the  superior  court  with  a  Justice  of  the 
court  of  common  pleas  or  either  of  said  Justices  with  a  justice  of  the 
peace,  or  any  two  Justices  of  the  Peace  of  the  quorum  within  the 
county  where  such  prisoner  shall  be  committed  being  disinterested 
and  approving  of  the  sureties  and  certifying  such  their  approbation 
on  the  back  of  the  said  bond  the  sureties  shall  be  deemed  sufficient. 
And  the  said  bond  shall  remain  with  the  sheriff  or  prison  keeper  till 
the  creditor  demand  the  same,  when  it  shall  be  given  up  to  him 
upon  his  lodging  with  the  sheriff  or  prison  keeper  a  receipt  or  mem- 
orandum in  writing  purporting  that  he  has  received  the  same  and 
the  sheriff  or  gaol  keeper  shall  not  be  liable  to  any  action  for  any 
escape  of  any  such  prisoner  after  the  executing  of  such  bond. 

And  on  condition  broken  the  said  creditor  may  put  the  said  bond 
in  suit  and  shall  be  entitled  to  recover  his  just  debt,  damages  and 
costs  for  which  such  prisoner  was  committed  together  with  prison 
charges  and  shall  be  allowed  ten  per  cent  interest  from  the  time  of 
commitment.  Provided  always  that  when  any  person  shall  be  com- 
mitted on  execution  founded  on  any  such  prison  bond,  he  shall  remain 
in  close  confinement,  in  the  same  manner  as  if  this  act  had  not  been 
made.  And  on  all  executions  issuing  on  any  prison  bond  a  minute 
that  such  execution  issues  on  a  prison  bond  shall  be  made  on  the 
back  thereof  by  the  clerk  issuing  the  same  for  the  direction  of  the 
gaol  keeper. 

Section  3.  And  be  it  further  enacted  that  when  any  person  com- 
mitted on  execution  whether  such  execution  be  against  plaintiff  or 
defendant,  shall  not  have  at  the  time  of  his  commitment  or  at  any 
time  afterwards  estate  to  the  value  of  twenty  dollars,  excepting  the 
goods  and  chattels  by  law  exempted  from  attachment  and  execu- 
tion, such  persons  may  immediately  apply  to  any  two  Justices  of 
the  superior  court  of  Judicature,  or  of  the  court  of  common  pleas 
or  to  any  two  commissioners  of  the  gaol  delivery  in  the  county  in 
which  they  reside  and  pray  to  be  admitted  to  take  the  oath  herein 
after  prescribed  and  either  of  the  Justices,  or  commissioners  to 
whom  application  shall  be  so  made  may  make  an  order  on  such 
application,  appointing  a  time  and  place  when  and  where  said  ap- 
plication will  be  taken  into  consideration;  and  the  debtor  shall 
cause  the  creditor  or  his  attorney  to  be  served  with  a  copy  of  such 
application  and  order  of  notice  thereon  at  least  fifteen  days  before 
the  day  appointed  for  such  hearing.  And  if  it  shall  happen  that  one 
of  the  justices  or  commissioners,  to  whom  application  may  be  made 
as  aforesaid  is  necessarily  prevented  from  attending  at  the  time 
and  place  appointed  the  Justices  or  commissioners,  attending  at  the 
time  and  place  and  for  the  purpose  mentioned  in  the  order  of  notice, 
on  receiving  satisfactory  evidence  that  due  notice  has  been  given  to 
the  creditor,  may  postpone  the  hearing  on  such  application  for  any 


LAWS  OF   NEW   HAMPSHIRE  939 

term  not  exceeding  ten  days.  And  if  at  the  hearing  the  creditor 
can  make  it  appear  to  the  satisfaction  of  said  Justices  or  commis- 
sioners that  the  prisoner  has  practised  fraud  deceit  or  falsehood  in 
the  management  of  his  estate  real  or  personal  in  order  to  take 
advantage  of  this  act  he  shall  not  be  admitted  to  swear;  but  if  no 
sufficient  objection  is  made  by  the  creditor  or  his  attorney  the  said 
justices  or  commissioners  shall  administer  the  following  oath  or 
affirmation  to  the  debtor  namely. 

I,  A.B.  do  solemnly  swear  before  Almighty  God  (or  affirm)  that 
I  have  not  any  estate  real  or  personal  in  possession,  reversion  or 
remainder,  to  the  amount  of  twenty  dollars  excepting  goods  and 
chattels  by  law  exempted  from  attachment  and  execution  and  that  I 
have  not  at  any  time  directly  or  indirectly  sold,  leased  nor  other- 
wise conveyed  nor  disposed  of  to,  nor  entrusted  any  person  or  per- 
sons with  all  nor  any  part  of  the  estate  real  or  personal  whereof  I 
have  been  the  lawful  possessor  or  owner  with  any  intent  or  design 
to  secure  the  same  or  to  receive  or  to  expect  any  profit  or  advan- 
tage therefor  nor  have  caused  nor  suffered  any  thing  else  what- 
soever to  be  done  whereby  any  of  my  creditors  may  be  defrauded, 
so  help  me  God  (or  this  I  do  under  the  pains  and  penalties  of  per- 
jury.) 

And  the  said  Justices  or  Commissioners  shall  make  a  certificate 
of  such  oath  in  the  form  following. 

State  of  New  Hampshire. 
ss    To  the  Sheriff  of  said  County  of or  his  Dep- 
uty keeper  of  the  gaol  at on  the day  of 

A.D at in  said  County  A.B.  of a  pris- 
oner in  your  custody  on  execution  at  the  suit  of  CD.  &c  took  the 
oath  as  prescribed  by  law  for  the  relief  of  poor  debtors,  the  said 
CD.  (or  the  attorney  of  the  said  CD.)  having  been  duly  notified, 
did  (or  did  not)  attend  and  in  our  opinion  the  said  A.B.  ought  to 
be  discharged 

p'-rr'l         Addition 

And  thereupon  the  said  debtor  satisfying  the  prison  keeper  for  past 
charges  shall  be  discharged,  Provided  that  no  person  who  shall  be 
committed  on  execution  and  shall  apply  for  the  benefit  of  this  act 
shall  be  admitted  to  the  benefit  thereof,  unless  the  property  he  may 
have  at  the  time  of  his  commitment  over  and  above  the  property 
exempted  by  law  as  far  as  the  same  may  be  necessary  shall  be  ap- 
plied at  the  appraisement  of  the  justices  or  Commissioners  to  whom 
application  is  made,  in  case  the  parties  do  not  agree  in  payment  of 
the  execution  and  charges  on  which  he  so  stands  committed  and  in 
case  the  creditor  upon  such  appraisement  shall  not  receive  the  same 
the  debtor  shall  be  at  liberty  to  dispose  thereof  in  the  same  manner 
as  if  this  proviso  had  not  been  enacted 

Section  4.     And  be  it  further  enacted  that  all  and  every  judg- 


940  LAWS  OF   NEW  HAMPSHIRE 

ment  obtained  against  any  such  prisoner  shall  notwithstanding  such 
discharge  as  aforesaid  be  and  remain  good  and  effectual  in  law,  to 
all  intents  and  purposes  against  any  estate  whatever  which  may 
then  or  at  any  time  afterwards  belong  unto  any  such  prisoner;  and 
a  new  execution  may  issue  at  any  time  against  the  goods,  chattels, 
lands  and  tenements  of  such  prisoner,  in  the  same  way  and  manner 
as  might  have  been  done  if  the  prisoner  had  never  been  in  execu- 
tion; And  the  said  debtor's  estate  shall  also  be  liable  to  pay  prison 
charges  during  all  the  time  of  his  confinement. 

Section  5.  And  be  it  further  enacted  that  when  any  person  has 
been  or  may  be  hereafter  convicted  of  any  crime  which  disqualifies 
him  or  her  to  give  testimony  in  a  court  of  law  and  shall  afterwards 
be  imprisoned  on  execution  and  desirous  to  take  the  oath  prescribed 
by  this  act,  said  conviction  shall  not  operate,  to  prevent  said  oath 
being  administered  in  the  same  way  and  manner  as  to  other  persons. 

Section  6.  And  be  it  further  enacted  that  in  all  cases  when  any 
debtor  or  debtors,  shall  make  application  as  aforesaid  to  be  admitted 
to  the  benefit  of  the  oath,  in  this  act  prescribed  and  the  application 
shall  not  prevail  it  shall  be  the  duty  of  the  justices  or  commissioners 
to  tax  costs  for  the  creditor  for  the  travel  and  attendance  of  him- 
self and  his  witnesses  and  for  his  deposition  in  the  same  way  and 
manner  as  costs  are  taxed  for  parties  to  suits  in  the  superior  court 
of  Judicature  and  render  judgment  in  favor  of  said  creditor  for  the 
same  and  issue  execution  in  due  form  of  law  accordingly,  and  no 
justice  or  commissioner  shall  be  authorized  to  sustain  any  after 
application  or  petition  of  such  debtor  as  aforesaid  until  the  cost 
which  may  have  arisen  and  been  taxed  and  allowed  on  all  former 
applications  shall  have  been  fully  paid. 

Section  7  And  be  it  further  enacted,  That  when  any  person 
arrested  upon  mesne  process  shall  be  committed  to  any  prison 
within  this  State  and  remain  in  said  prison  for  the  term  of  thirty 
days,  after  the  rendition  of  judgement  if  the  creditor  shall  neglect 
or  refuse  to  levy  his  execution  on  the  body  of  the  debtor  thus  impris- 
oned within  the  term  aforesaid  then  and  in  every  such  case,  the  body 
of  the  debtor  shall  not  be  liable  to  be  arrested  in  any  action  of  debt 
on  said  judgement  at  any  time  within  one  year  from  the  rendition 
thereof, 

Section  8,  And  be  it  further  enacted  that  all  acts  and  parts  of 
acts  heretofore  passed  coming  within  the  purview  of  this  act  be  and 
the  same  hereby  are  repealed  Provided  nevertheless  that  all  things 
done  and  transacted  and  all  rights  acquired  under  said  acts  and 
parts  of  acts  shall  be  and  remain  the  same  as  if  this  act  had  never 
been  passed. 


LAWS   OF   NEW   HAMPSHIRE  94 l 

[CHAPTER  130.] 

State  oj  I 

New  Hampshire.  \ 

An  act  to  incorporate  the  proprietors  of  Union  Bridge  in 
holderness. 

[Approved  January  3,  1829.    Acts,  vol.  26,  p.  575.] 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  general  court  convened,  That  William  Webster,  Moses 
Merrill,  Walter  Blair,  Samuel  Thompson,  and  their  associates  and 
successors  be  and  they  hereby  are  created  a  corporation  by  the  name 
of  the  proprietors  of  Union  Bridge  in  Holderness,  and  they  are 
hereby  invested  with  all  the  Powers  and  privileges  incident  to  cor- 
porations of  a  similar  nature. 

Section  2.  And  be  it  further  enacted,  That  said  corporation 
may  erect  and  maintain  a  Bridge  across  Pemigewasset  River  at  any 
place  between  Squam  falls,  so  called,  and  the  north  line  of  Bridg- 
water; and  if  said  corporation  and  Edward  Webber,  the  owner  of  a 
ferry  within  the  limits  of  this  grant,  shall  not  agree  on  the  com- 
pensation to  be  made  to  said  Webber  for  the  loss  that  may  be  sus- 
tained by  him  in  depriving  him  of  the  income  of  said  ferry  by 
erecting  and  forever  maintaining  said  Bridge.  Moses  Baker  and 
Ebenezer  Little  Jun.  of  Campton  and  Rufus  G.  Lewis  of  New- 
Hampton,  are  hereby  appointed  a  committee,  whose  duty  it  shall 
be,  after  a  hearing  of  said  parties,  or  if  either  shall  neglect  to  attend 
after  a  reasonable  notice  of  the  time  and  place  of  hearing  then 
after  a  hearing  exparte,  to  make  a  report  in  writing,  stating  the 
notice  given,  the  attendance  or  nonattendance  of  the  parties  and  to 
return  the  same  to  the  Superior  Court  of  Judicature  then  next  to  be 
holden  within  and  for  the  county  of  Grafton,  and  the  said  corpora- 
tion shall  pay  or  tender  to  said  Webber  the  amount  of  damages  and 
costs  awarded  by  said  committee,  and  in  case  of  refusal  by  said 
Webber  to  receive  the  same,  such  sum  shall  be  paid  into  court  and 
placed  in  the  hands  of  such  person  as  the  court  shall  direct  for  the 
use  of  said  Webber;  and  in  case  the  said  committee  or  any  one  of 
them  shall  decline  or  otherwise  fail  to  perform  the  duties  aforesaid, 
then  the  Justices  of  sard  Court  on  application  and  after  due  notice 
to  said  Webber  of  such  application,  may  appoint  a  committee  of 
three  persons,  who  shall  proced  to  adjust  the  claims  of  said  Webber 
in  the  manner  aforesaid;  and  said  corporation  shall  have  no  right 
to  erect  said  bridge  till  such  payment  shall  have  been  made. 

Sec.  3.  And  be  it  further  enacted,  That  said  corporation  may 
make  and  execute  such  by  laws  as  may  be  necessary  for  its  regula- 
tion, and  may  conformabley  to  the  same,  make  such  assesments  as 
may  be  found  necessary  for  accomplishing  the  object  of  this  act 


94 2  LAWS  OF   NEW  HAMPSHIRE 

and  the  same  may  collect  by  sale  of  the  shares  of  delinquent  pro- 
prietors. And  at  the  meetings  of  said  corporation  all  questions  shall 
be  determined  by  a  majority  of  the  votes  of  the  proprietors  present 
or  represented,  allowing  one  vote  for  each  share:  and  all  repre- 
sentations shall  be  authorised  by  writing  signed  by  the  persons  rep- 
resented, and  kept  on  file  by  the  clerk. 

Section  4.  And  be  it  further  enacted,  That  the  said  corporation 
may  demand  receive  and  recover  the  following  toll  of  every  person 
passing  said  Bridge,  and  may  prevent  the  passage  of  any  person 
untill  the  same  shall  have  been  paid  or  tendered.  That  is  to  say, 
for  every  foot  passenger,  one  cent;  for  every  horse  and  rider  three 
cents;  for  every  chaise,  sulkey  chair  or  other  two  wheeled  carriage 
of  pleasure  drawn  by  one  horse,  ten  cents;  and  for  each  additional 
horse  two  cents;  for  every  charriot,  Phaeton,  coach  or  other  four 
wheeled  carriage  of  pleasure  or  for  passengers,  drawn  by  two  horses, 
twenty  cents,  and  for  each  additional  horse  two  cents;  for  every 
cart,  waggon  or  other  carraige  of  burden  drawn  by  one  beast  four 
cents  and  for  every  additional  beast  two  cents  for  each  pleasure 
sleigh  drawn  by  one  horse  four  cents  and  for  each  additional  horse 
two  cents  for  each  sleigh  or  sled  of  burden  drawn  by  one  beast  four 
cents  and  for  each  additional  beast  two  cents  for  horses  Jacks  mules 
or  neat  cattle  excluseve  of  those  rode  on  or  led  and  in  carriages,  one 
cent  each,  for  sheep  and  swine  one  fourth  of  a  cent  each  and  to  each 
team  of  burden  one  person  only  shall  be  allowed  to  pass  free  of  toll 
and  at  all  times  when  the  toll  gatherer  shall  not  attend  to  his  duty 
the  gate  shall  be  left  open. 

Section  5 — And  be  it  further  enacted  that  said  corporation  shall 
be  answerable  for  all  damages  which  may  be  sustained  through  in- 
sufficiency or  want  of  repairs  in  said  bridge  and  may  also  be  in- 
deeted  and  fined  as  towns  are  by  law  indeeted  and  fined  for  suffer- 
ing highways  and  bridges  to  be  out  of  repair 

Section  6.  And  be  it  further  enacted  that  William  Webster, 
Moses  Merrill  Walter  Blair  and  Samuel  Thompson  or  any  three  of 
them  may  call  the  first  meeting  of  said  Corporation  by  posting  up 
notifications  of  the  time  place  and  object  at  some  public  place  in 
each  of  the  towns  of  Plymouth  and  Holderness  at  least  ten  days 
prior  to  the  time  of  said  meeting 

Section  7.  And  be  it  further  enacted  that  if  said  Bridge  shall 
not  be  completed  within  five  years  from  the- passing  this  act  or  if 
destroyed  at  any  time  and  shall  not  within  two  years  after  such 
destruction  be  rebuilt  this  act  shall  be  null  and  void. 

Section  8.  And  be  it  further  enacted  that  said  Corporation  may 
purchase  and  hold  in  fee  simple  or  otherwise  so  much  land  as  will 
be  necessary  for  the  free  and  full  enjoyment  of  this  grant  that  is 
to  say,  for  the  purpose  of  building  abutments  to  said  Bridge  a 
house  for  the  toll  gatherer  provided  the  same  shall  not  exceed  five 
acres 


LAWS  OF   NEW   HAMPSHIRE  943 

Section  9.  And  be  it  further  enacted  that  the  Legisture  of  this 
state  may  at  any  time  after  five  years  alter  and  amend  this  act  as  to 
them  may  seem  just  and  equitable. 


[Orders,  Resolves  and  Votes  of  a  Legislative  Nature  Passed  During 
This  Session.] 

1828,  December  16. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  report  of  the  Commissioners,  who  were  appointed  on 
the  part  of  the  State  of  New  Hampshire,  pursuant  to  a  Resolve  of  the 
Legislature,  passed  June  30- — 1827,  and  who  have,  in  conjunction  with 
Commissioners  appointed  on  the  part  of  the  State  of  Maine,  ascertained, 
surveyed,  marked  and  renewed  the  dividing  line  between  this  State  and 
the  State  of  Maine,  as  set  forth  in  said  Report,  together  with  the  surveys 
and  accompanying  documents,  be  deposited  on  file  in  the  Secretary's 
office  of  this  State.  And  that  the  dividing  line  as  surveyed,  marked  out 
and  designated  by  said  Commissioners,  be,  and  the  same  Is  hereby  ap- 
proved of,  and  shall,  from  and  after  the  passage  of  this  Resolution,  be 
recognized  as  the  true  boundary  line  between  the  two  States.  Providing 
the  State  of  Maine  do  approve  of,  and  recognize  the  same. 

[Acts,  vol.  26,  p.  589.] 


1828,  December  24. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened.  That  Harts  Location,  in  the  County  of  Coos,  be  annexed  and 
classed  with  the  Towns  of  Bartlett  and  Adams,  in  said  County,  for  the 
purpose  of  electing  a  Representative  to  the  General  Court,  until  the  Leg- 
islature shall  otherwise  order. 

[Acts,  vol.  26,  p.  595.] 


1829,  January  3. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened.  That  the  Attorney  General  be  and  he  is  hereby  authorized 
and  required  to  institute  proper  process  and  prosecute  the  same  to  final 
Judgment  and  execution,  to  ascertain  by  what  warrant  the  Cornish  Turn- 
pike Corporation  claim  to  have,  hold  exercise  or  enjoy  corporate  rights  or 
authority. 

[Acts,  vol.  26,  p.  605.] 


1829,  January  3. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Hon.  William  M.  Richardson  John  Porter  and  Samuel 
D.  Bell  Esquires  be  and  they  hereby  are  authorized  and  requested  to 


944  LAWS  OF  NEW  HAMPSHIRE 

continue  the  examination,  revision,  amendment  and  arrangement  of  the 
laws  of  the  State  and  to  prepare  for  publication  all  the  existing  acts  and 
resolves  of  this  State  and  report  the  same  to  the  Legislature  by  the  first 
Tuesday  of  the  next  session  thereof  in  the  form  best  adapted  in  their 
judgment  to  a  new  edition  of  said  acts  and  resolves. 
[Acts,  vol.  26,  p.  615.] 


1829,  January  3. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened 

That  the  inhabitants  of  the  town  of  Orange  are  hereby  authorized  to 
elect  and  send  a  representative  to  the  General  Court  until  the  Legislature 
shall  otherwise  order. 

[Acts,  vol.  26,  p.  623.] 


1829,  January  3. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened,  That  the  Inhabitants  of  the  town  of  Coventry  are  hereby 
authorized  to  elect  and  send  a  representative  to  the  General  Court  until 
the  Legislature  shall  otherwise  order. 

[Acts,  vol.  26,  p.  633.] 


INDEXES 


60 


INDEX  OF  SUBJECTS. 


Abbot,  George  D.,  in  favor  of 761 

Academies,  Andover,    Noyes    school 138,  203 

Boscawen     760 

Conway,    Academic    school 790 

Exeter    female 501 

Greenland,    Brackett 369 

Hillsborough    51 

Hopkinton    603 

Lancaster 783 

Lee    747 

Londonderry,  Adams  female 183,  71 1 

Pinkerton   711 

New  Hampton,  incorporation  of 20 

to  receive  map  of  state 166 

name    changed 508 

Baptist  convention  to  elect  trustees 912 

Rochester     623 

Sanbornton,    Woodman 499 

Sandwich    349 

Wakefield 659 

Accumulating  fund  society,  Nottingham  West 414 

Action  against  Eri  Pierce  dismissed 166 

proprietors  of  locks  at  White  river  falls 701 

Actions  against  non-residents,  regulations  for 419 

limitation  of 422 

repeal   of   act 131 

revival    of    act 532 

Acts  and  journals  of  Legislature,  publication  of 571 

Acworth    union    library 590 

Adams  and  Bartlett,  classed  with  Hart's  Location 943 

to  Durand,  road  from,  money  for 291 

farm  of  Nathaniel  Carlton   annexed  to 154 

female  academy,  Londonderry 183,  711 

land  in,  sold  to  Samuel  Rollins,  Jr 251 

to  Randolph,  road  from,  further  time  for  completing 700 

social    library 584 

Adjutant  General,  duties    of 47 

to  procure  books  for  officers 377 

Adultery,  punishment  of 856 

Agent  to  adjust  claims  against  United  States 253,  2,77 

Agriculture,  board  of,  regulations    for 24 

act    repealed 3^6 

money  raised  for  purposes  of 167 

Agricultural  societies,  Cheshire 319 

Coos    277 

Merrimack    county 276 

money    for 58 

Alstead,  first  parish  in j\~ 

Altemont  Lodge,  No.  26,  Dublin ,196 

Alton  library,  time  of  meeting  changed 601 

Amherst,  company  of  rifle-men   organized  at 293 

Farmers'  bank,  incorporation  of 148 

Sacred  Music   Society 130, 

Amoskeag  bridge. . * 296 

falls,  islands  on,  annexed  to  Goffstown 411 

fire  engine  company,   Goffstown 633 


948 


INDEX 


Andover,  Noyes  school 138,  203 

Animals  going  at  large,  to  prevent 97 

Appeal  from  decisions  of  Court  of  Common  Pleas 871 

of  Judge  of  Probate 127 

Aqueducts,  Boscawen 635 

Charlestown    195 

Claremont    759 

Dover  233 

landing   283 

Lancaster    198 

corner    601 

Nashua    503 

Troy   village    416 

Union,   Portsmouth    43 

Arsenal  at  Portsmouth,  additional  story  built  on 701 

Ashuelot  Navigation  Co 562 

turnpike  corporation    506 

Assessors  of  taxes,  duties  of 205 

Attachment,  certain  goods  of  debtors  exempt  from 937 

pews  exempt  from '. 658 

Attorney  General  to  institute  process  against  Cornish  turnpike 943 

Auditors,  appointed  by  Court  of  Common  Pleas 495 

by  Superior  Court 201 

Avery  Factory  Co.,  formerly  Meredith  Cotton  and  Woolen  Factory  Co.  744 

Badger,  William,  in  favor  of 740,  761 

Bail  in  civil  causes  regulated 531,  791 

Banking  companies,  payment  of  notes  issued  by 46 

Banks,  frauds  in  management  of,  to  prevent 18 

Cheshire    35,  604 

Claremont    93 

Commercial,   Portsmouth 454 

Concord    372 

Connecticut  river,  Charlestown. . "  225 

Coos 33 

Derry    778 

Dover    190 

capital  stock  reduced 908 

Exeter    78 

savings 723 

Farmers'    148 

Grafton,  formerly  Coos  Bank 35 

Lebanon    774 

Manufacturers',  New  Ipswich 814 

Merrimack  county,  Concord 374 

New   Hampshire   Strafford 29 

Union   ; 27 

Pemigewasset,    Plymouth 470 

Piscataqua     363 

Portsmouth   31 

savings 206 

Savings,  for  County  of  Strafford \  .  218 

Strafford,  formerly  New   Hampshire   Strafford 31 

Winnipiseogee     345 

Bank  shares,  taxation  of • 163 

Baptist  Convention  of  New  Hampshire  incorporated 497 

to  elect  trustees  of  New  Hampton  academy 912 

Barker,  Lemuel,  in  favor  of 764 

Barnet,  Vt.,  bridge  to,  from  Lyman 822 

Barnstead,  North,  sacred  music  society 787 

Barrington,  first  Congregational  parish  to  tax  pews 235 

Bartlett  and  Adams,  classed  with  Hart's  Location 943 

farm  of  Nathaniel  Carlton  disannexed  from 154 

land  in,  sold  to  B.  Emery 703 


index  949 

Bartlett,  lands  annexed  to 218 

to  have  further  time  for  completing  bridge 74 

to  survey  land 251 

Bartlett,  Richard,  in  favor  of 73°,  759 

Bastard  children,  maintenance  of 52,  608 

Bath,  Meridian  Sun  Lodge,  No.  25,  incorporated 494 

Bean,  James,  state  land  sold  to 702 

Beards  falls,  bridge  to  be  built  at 822 

Bears,   bounty   on 794 

Beaver  pond,  fish  in,  act  repealed 201 

Beavers,  minks,  musk  rats  and  otters,  preservation  of 57 

Bedford,  LaFayette  Lodge  No.  41,  incorporated 726 

Beef  and   pork,   inspection   of 520 

Bell,  Samuel  D.,  in  favor  of 73U  753,  758 

Bethlehem  classed  with  Franconia  and  Lincoln 209 

Bible  Lodge,  Goff stown 586 

Bills  of  exchange,  grace  allowed  on 819 

Bishop,  Jewett,  in  favor  of 745,  934 

Board  of  road  commissioners  established 915 

Bonds,  executors   to   give in 

given  to  Judge  of  Probate,  suits  on 129 

Boscawen  academy,  trustees  of 760 

Aqueduct  Corporation 635 

Martin  Luther  Society 158 

West,  social  library 936 

Boston  and  Concord  Boating  Company  incorporated 230 

Boundary  line  between  Lisbon  and  Franconia 502 

between  Maine  and  New  Hampshire 701 

compensation    to   com- 
missioners   702,  830 

report  of. .  943 

Massachusetts  and  New  Hampshire 474 

of    counties 879 

of  state,  Governor  to  consider 575 

Bounds  of  towns,  Derry 627 

Franklin     784 

Hooksett     141 

Seabrook    85 

Bounty  on  bears 794 

crows 763 

Bow   social   library 153 

Brackett  academy,   Greenland 369 

Brewster,  Amos  A.,  in  favor  of  740 

Bridges,  toll,  preservation   of 744 

Amoskeag    296 

Beards  falls,  at 822 

Central,    Conway 52 

Charlestown    801 

Chesterfield    and    Dummerston,    Vt 399 

Columbia 281,  762 

Connecticut  river,  across,  from  Lyman 822 

Dalton,  time  extended 211 

proprietors   of,   incorporated 772 

Hart  island 8,  570 

Litchfield  and  Merrimack 429 

Newcastle   9,  159 

New  Chester,  union 339 

Pequawket,    Conway 727 

Piermont 417,  495,  007 

Piscataqua    266 

Pont  Fayette 326,  535 

Saco  river,  over 74 

Taylor's   falls 518 

Union,    Holderness 941 


950  INDEX 

Bridgewater,  center  meeting  house 5J6 

Bristol  library 236 

Brookfield  to  send  representative  to  General  Court 574 

and  Wakefield  companies  of  militia  divided 137 

Brookline  fire  engine  company,  No.  1 492 

social    library 238 

Brown,  John   S.,  in  favor  of 74° 

Stephen,  in  favor  of 712 

Canaan,  Mount  Moriah  Lodge,  No.  22 237 

musical   society 89 

selectmen,  in  favor  of 914 

Canal  routes,  survey  of 574>  575 

Canals,  Connecticut    river 805 

Conway  and   Eaton 272 

Grafton   304 

Hampton    3 1 5 

Hinsdale  to   Israel's   river 806 

Piscataquog    139 

Six-mile  stream 242 

Winnipiseogee  lake  to  Piscataqua  river 322,  426 

to   Sanbornton   bay 298 

Candia,  literary   library   society 295 

sacred    music    society 648 

Carlton,  Nathaniel,  farm  of,  annexed  to  Adams 154 

Carrigain,  Philip,  in  favor  of 929 

Carter,  Aaron,  in  favor  of .* 745>  934 

Center  Harbor,  to  send  representative  to  General  Court 166 

Central  bridge  in  Conway 52 

Chadwick,  Peter,  in  favor  of 914 

Chancery  powers  vested  in  superior  court 13 

Charcoal,  regulations  for  measure  of 804 

Charity  Lodge  No.   18 402 

Charlestown  bridge 801 

Connecticut  river  bank 225 

street  aqueduct 195 

Chatham  annexed  to  Strafford  county 210 

farms  of  Hardy  and  Shirley  annexed  to 211 

Cheshire  agricultural  society 319 

bank,  reincorporation  of 35 

stock  reduced    604 

Cheshire  county,  bounds  established 880 

division  of,  resolution  for 573 

Mutual  Fire  Insurance  Co 450 

Manufacturing    Company 199 

musical    society 484 

probate  court 932 

superior  court 344,  649,  931 

Chester  juvenile  library 262 

Chesterfield,  Lake  Man'f'g  Co 248 

Children,  bastard,  maintenance  of 52,  608 

deaf  and   dumb,  education   of : 167 

Claims  against  United  States,  adjustment  of 167 

agent  for 253,  377 

Claremont  aqueduct  association 759 

bank    93 

farms  of  E.  Glidden  and  J.  Smith  annexed  to 803 

first  fire  engine  company 328 

Cocheco  Manufacturing  Co 605 

Cofran,  Joseph,  in  favor  of 747 

Columbia  bridge,  incorporation  of 762 

time  extended 762 

Columbian  Manufacturing  Co.,  formerly  Remsen  Man'f'g  Co 583 

Commercial  bank,  Portsmouth 454 


INDEX  951 

Commissioners  of  jail  delivery,  appointment  of 796,  875 

road,   established 9*5 

for  state,  appointed  by  superior  court 370 

Committee  of  safety,  journals  of,  to  be  bound 253 

Concord  bank  ' 372 

to  hold  land  for  school  lot 205 

Manufacturing  Co 5J3 

Mechanics'    Association 934 

Merrimack  county  bank  incorporated 374 

(Grafton  County)    name  changed  to  Lisbon 268 

Congress,  representatives  to,  mode  of  electing 292,  330,  527 

act    repealed 460 

Connecticut  river  bank,  Charlestown 225 

canal  company  incorporated 805 

company    310 

ferry  over,  by  Little  Sugar  river 629 

navigation   of 540,  569 

putting  pine  timber   into 933 

Conway,  academic  school 790 

annexed  to  Senatorial  District  8 342 

central  bridge 52 

Cotton  and  Woolen  Factory 459 

and    Eaton    canal 272 

farms  of  Hardy  and  Shirley  disannexed  from 211 

Pequawket  bridge "2"] 

Coos  agricultural  society 277 

bank,  name  changed  to  Grafton  bank 35 

reincorporated 33 

county,  probate  court 932 

superior  court 931 

Cornish  turnpike  corporation,  process  against 943 

Coroner,  office  of,  regulated 179,  585,  618 

Corporations,  service  of  mesne  process  on 464 

Ashuelot  Navigation  Co 562 

turnpike    506 

Avery  Factory  Co.,  Meredith,  formerly  Meredith  Cotton 

and  Woolen  Factory  Co 744 

Boscawen    Aqueduct 635 

Boston  and  Concord  Boating  Co 230 

Charlestown  Street  Aqueduct 195 

Cheshire   Manufacturing  Company 199 

Chesterfield,  Lake  Man'f'g  Co 248 

Claremont  Aqueduct  Association 759 

Cocheco  Manufacturing  Co 605 

Columbian  Man'f'g  Co.,  Mason 583 

Concord  Manufacturing  Co 513 

Mechanics'  Association 934 

Connecticut  River  Canal  Co 805 

Company 310 

Conway  Cotton  and  Woolen  Factory 459 

Pequawket  bridge 727 

Cornish  turnpike,  process  against 943 

Dalton    bridge,    proprietors   of 772 

Dover  Cotton  Factory 11 

name  changed  to  Dover  M'f'g  Co.  .  182 

Fire  and  Marine  Insurance  Co 439 

Manufacturing  Co 182,  486 

Dunstable,  Indian  Head  Factories 392 

Eaton   Lead   Mine  Company 625 

Enfield  and  Lebanon   Iron  Manufactory 193 

Exeter  Manufacturing  Co 593 

Mill  and  Water  Power  Co 588 

Fall  Mountain  Factory  Co.,  Walpole 795 

Gilford  Iron  Manufacturing  Co 620 


952  INDEX 

Corporations,  Gilford  Man'f'g  and  Mechanic  Co 826 

Gilmanton    Mechanics'    Co 561 

Grafton   Canal   Company 304 

Mining  Company 264,  740 

Great  Falls  Man'f'g  Co.,  Somersworth 175,  490,  712 

Great  Ossipee  Manufacturing  Co 412 

Greenfield,  Lafayette  Manufacturing  Co 567 

Hampton    Canal 3 J  5 

Hancock,  Union  Manufacturing  Co 7l6 

Hillsborough,  New  Hampshire,  Cotton  and  Woolen  Fac- 
tory      155 

Hooksett  Manufacturing  Company 196 

Indian  Head  Factories,  Dunstable 392 

Keene  Light  Infantry 513 

Lafayette  Man'f'g  Co.,  Greenfield 567 

Lake  Man'f'g  Co.,  Chesterfield 248 

Lancaster  Corner  Aqueduct  Co 601 

Street  Aqueduct  Co 198 

Lebanon  Cotton  Factory  Co 403 

Cotton  and  Woolen  Factory  Co 328 

Litchfield   Fishing  Co 5" 

Loudon  Manufacturing  Co 739 

Merrimack    company    for    cultivating    mulberry 

tree   425 

Mason,  Columbian   Manufacturing  Co 583 

Cotton    Factory 76 

Remsen  Manufacturing  Co 488,  583 

Meredith  Cotton  and  Woolen  Factory  Co.,  name  changed  744 

Merrimack  Company,  for  cultivating  mulberry  tree 425 

First  Cotton  mill 240 

locks  and  canals,  proprietors  of 681 

Town  of,  Man'f'g  Co 208 

Nashua  Manufacturing  Company 188,  308 

Man'f'g  and  Mechanic  Assoc 826 

New  Hampshire  Canal  and  Steam  Boat  Co 687 

Cotton    and   Woolen    Factory,    Hillsbor- 
ough   155 

Hotel  and  Portsmouth  Pier 713 

Iron   Factory  Co 389 

New  Ipswich   Cotton   Mill 267 

Mill  Company 325 

Newmarket    Manufacturing    Company 176 

Northfield,   Smithville  Factory 203 

Pembroke  Cotton  and  Woolen  Factory 50 

Pequawket  bridge,  Conway 727 

Peterborough,   Union    Man'f'g   Co 180 

Piscataqua  Fishing  Co 3J9 

Steam   Boat   Co 676 

Pittsfield  Manufacturing  Company 490 

Pont  Fayette,  proprietors  of 326 

Portsmouth  Distillery  and  Central  Wharf  Co 302 

Mill    Company 44 

Steam    Factory 229 

Sugar  Refining  Company 187 

Quamphegran  Man'f'g  Co.,  Somersworth 512 

Remsen  Man'f'g  Co.,  Mason 488,  583 

Salmon  Falls  Manufacturing  Company 81 

Smithville  Factory,  Northfield 203 

Somersworth,  Great  Falls  Manufacturing  Co 175,  490,  712 

Quamphegan  Manufacturing  Co 512 

Souhegan   Factory 83 

Woolen  Factory 151 

Strafford  Manufacturing  Co 713 

Suncook  Cotton  and  Woolen  Factory 50 


INDEX  953 

Corporations,  town  of  Merrimack  Manufacturing  Co 208 

Union  Manufacturing  Company,  Peterborough 180 

Walpole,  Fall  Mountain  Factory  Co 795 

Wentworth  Woolen  and  Cotton  Factory  Co 147 

Winnipiseogee  Lake  Steam  Boat  Co 231 

Councilor  districts,  state  divided  into 896 

Councilors,  compensation  to 729 

names  of 1,  63,  169,  255,  381,  477,  576,  704 

Counties,  boundaries  of 879 

County  officers,  choosing  of 642 

treasurers,  choosing  of,  act  repealed 202 

duties  of 642 

to  make  annual  returns 247 

Court  of  Common  Pleas  established 352 

to  appoint  auditors 495 

jurisdiction  of 683,  870 

justice  of,  salary 872 

to  liberate  prisoners 655 

time  of  holding 931 

Court  of  Sessions,  Cheshire  county,  time  of  holding 344 

committees  appointed  by,  for  laying  out  highways  17 

county  treasurers  to  make  returns  to 247 

justices  for 245 

to  lay  out  highways 250 

Coventry  to  elect  representative 944 

Crawford,  Abel,  state  land  sold  to 748 

Crimes,  punishment  of 415,  715,  846,  882 

Crows,  bounty  on 763 

Dalton  bridge,  time  extended 211 

proprietors  of,  incorporated 772 

classed  with  Whitefield 209 

Darling,  Timothy,  in  favor  of 746 

Dartmouth  college,  society  of  social  friends 509 

united  fraternity 653 

Davis,  David,  Jr.,  in  favor  of 913 

Dead  people,  digging  up,  to  prevent 458 

Deaf  and  dumb  children,  education  of 61,  167 

Debt,  funded,  of  U.  S.,  treasurer  to  invest  in 380 

Debtors,  administering  oath  to 465 

certain  goods  of,  exempt  from  attachment 937 

proceedings  against  trustees  of : 469,  787 

relief    of 937 

Debts,  lands  and  tenements  subject  to  payment  of 444 

recovery  of 788 

Declaration  of  Independence,  copy  of,  to  be  framed 475 

Deed,  mode  of  conveyance  by 98 

Deerfield,  United  Society,  name  changed 727 

Depositions,  taking  of,  regulated 823 

Derry  annexed  to  Senatorial  district  No.  3 660 

bank    778 

militia  in,  annexed  to  eighth  regiment 660 

to  receive  map  of  state 722 

town  of  incorporated 627 

Dewitt  Clinton    Encampment,  Portsmouth 498 

Dickerman,  Enoch,  in  favor  of 934 

Dinsmoor,  Samuel,  Jr.,  in  favor  of 731 

Districts,  state  divided  into,  for  choosing  councilors 896 

for  election  purposes 330 

Divorces,  regulation   of 357 

Dorion,  Nicholas,  heirs  of,  to  hold  land  in  Haverhill 699 

Dover  aqueduct 233 

bank 190 

to  reduce  capital  stock 908 


954 


INDEX 


Dover  Cotton  Factory,  charter  amended 1 1 

name  changed  to  Dover  ManTg  Co 182 

Fire  and  Marine  Insurance  Co 439 

Landing  Aqueduct  Company 283 

Manufacturing  Co 182,  486 

savings  bank  for  county  of  Strafford 218 

Strafford  Lodge,  No.  29,  incorporated 492 

Dublin,  Altemont  Lodge,  No.  26,  incorporated 490 

juvenile  library 395 

literary  society 279 

musical  society 46 

Dunbarton,  sacred  music  society 274 

Dunstable,  grenadiers  organized  at 401 

Indian  Head  Factories 392 

Durand,  name  changed  to  Randolph 288 

Durham,  Martin  Luther  sacred  music  society 342 

East  Kingston,  land  disannexed  from 300 

union  library 804 

Eaton  and  Conway  canal 272 

Lead   Mine  Company 625 

library    206 

Effingham,  Great  Ossipee  Manufacturing  Co 412 

Election  to  General  Court,  mode  of 77* 

of  representatives  to  Congress 292 

of  state  officers 622 

Electors,  compensation  to 750 

mode  of  choosing 269,  741 

Emery,  Barzilla,  land  sold  to 703 

John,  land  sold  to 378 

Enfield  and  Lebanon  Iron  Manufactory,  incorporated 193 

Social  Lodge  No.  50 725 

Engine  companies,  Amoskeag,  Goffstown 633 

Brookline,   No.    1 492 

Claremont,  first 328 

Fitzwilliam    390 

Haverhill   410 

Keene 92,  420,  486 

Merrimack   398 

Nashua,  No.  1 496 

New    Ipswich 39° 

Peterborough,   first 275 

union  504 

Sandwich   428 

Seabrook,    No.    1 507 

Westmoreland,    first 329 

Winchester,   first 303 

Engineers,  procuring  of,  to  survey  water  routes 476 

Executions  on  real  and  personal  estate,  levying  of 444 

on  towns 599 

Executors,  administrators  and  guardians,  powers  of no,  876 

allowed  money  for  grave  stones 5l7 

to  give  bonds • m 

licensed  to  sell  real  estate 123,  155 

sale  of  real  estate  by 112 

Exeter  Atheneum    4°8 

bank,  charter  extended 78 

female  academy  incorporated 501 

Manufacturing    Company 593 

Mechanic    Association 91 

Mill  and  Water  Power  Co 588 

savings    bank 723 

Washington  Lodge  No.  13 220 


index  955 

Faithful  Lodge  No.  12,  incorporation  of tg 

Fall  Mountain  Factory  Co.,  Walpole,  incorporated 797 

Farmers'  bank,   incorporation    of [48 

Fees  of  witnesses 54 

Ferry  over  Connecticut  river  by  Little  Sugar  river 629 

Fire  engine  men  in  Portsmouth  appointed 

Fires,  regulations  for  extinguishing 350,  359>  4s" 

Firewards,  powers  and  duties  of 765 

First  Baptist  Society,  Deerfield,  formerly  United  Society 7-7 

Fish,  preservation  of,  in  Beaver  pond,  act  repealed 201 

Cocheco  river,  act  repealed S.U 

Hart's  pond 

Merrimack  river 234,  585 

Martin   meadow  pond 75- 

Pelham 163 

Suncook    ponds : 463 

Wash  and  Island  ponds 516 

Fishing  company,   Piscataqua 319 

Fitzwilliam  engine  company 390 

Ford,  William  C,  state  land  sold  to 378 

Foss,  Moses,  Jr.,  in  favor  of 913 

Franconia  classed   with   Bethlehem   and   Lincoln 209 

and  Lisbon,  boundary  line  between 502 

turnpike     798 

Franklin  Literary  Society,  Northfield,  incorporated 56 

Name    changed    to    Franklin    Literary    So- 
ciety of   Sanbornton   academy 237 

town  of,  incorporated 784 

Fraternal  societies,  Altemont  Lodge,  No.  26,  Dublin 496 

Aurora  Lodge  No.  43,  Henniker 743 

Bible  Lodge.  Goff stown 586 

Centre  Lodge,  No.  20,  Sanbornton 504 

Charity  Lodge  No.  18 402 

Faithful  Lodge  No.    12 19 

Grafton   Lodge   No.  46 718 

Grand    Lodge 398 

Harmony  Lodge,  No.  38,  Hillsborough 587 

Hiram  Lodge,  No.  9 88 

Humane  Lodge  No.  21 19 

LaFavette  Lodee.  No.  41,  Bedford 726 

Meridian  Sun  Lodge,  No.  25,  Bath 494 

Mornine  Star  Lodge,  No.  17 278 

Mount  Lebanon  Lodge.  No.  32 92 

Mount  Moriah  Lodere,  No.  32,  Canaan 237 

Mount  Vernon  Lodge,  No.   15 06 

Philesian  Lodge,  No.  40 403 

Rising  Sun  Lodee,  No.  30 235 

St.   Andrew's    Chapter    of    Royal    Arch    Masons, 

Hanover    12 

St.  John's  Lodge,  No.  1,  Portsmouth 14 

St.  Mark's  Lodge,  No.  44 ' . . .  .  ^37 

St.  Paul's  Lodffe,  No.  30 75 

Social  Lodee,  No.   =;o,  Enfield 72'z, 

Society  of  social  friends,  Dartmouth  college 509 

Strafford  Lodge.  No.  20,  Dover 492 

Union  Lode-e,  No.   in.  Orford 238 

United  Fratf-rnitv,  Dartmouth  college 653 

Warner  Lodgp,  No.  3^ 90 

Washington  Chanter  of  Royal  Arch  Masons 407 

Washington   Lodfe.  No.  n,  Exeter 220 

Webb  Chapter  of  Royal  Arch  Masons,  No.  6....  75 

French,  Benjamin  B.,  in  favor  of 731,  934 


956 


INDEX 


General  Court,  journals  of,  publishment 253 

representatives  to 1-6,  63-68,  169-174.  255-261, 

381-387,  477-483,  576-582,  704-710 

compensation    to 729 

election    of 77* 

sessions  of 7,  69,  175,  255,  381,  477,  576,  704 

General  issue,  liberty  to  plead 320 

George,  David,  in  favor  of 745,  934 

Gilford  Iron  Manufacturing  Co 620 

islands  annexed  to 493 

Man'f 'g  and  Mechanic  Co.,  incorporated 828 

union  musical  society 89 

Universalists'  social  library 534 

Gillis'  and  Foss'  grant,  time  extended  for  payment  of 59 

Gilmanton  Mechanics'  Co 561 

religious    library 388 

village  library  society 87 

Gilmore,  Gawen,  in  favor  of 740,  9*3 

Gilsum  to  send  representative  to  General  Court 573 

Glidden,  Erastus,  farm  of,  annexed  to  Claremont 803 

Goffstown,  Amoskeag  engine  company 633 

Bible  Lodge 586 

islands  annexed  to 41  J 

sacred  music  society 394 

union    library 586 

Grace  allowed  on  bills  of  exchange  and  promissory  notes 819 

Grafton  bank,  formerly  Coos  bank 35 

Canal  Company 304 

county,  bounds  of,  established 880 

probate  court 932 

superior  court,  time  of  holding 414,  931 

Lodge,   No.   46,   Haverhill 718 

Mining  Company,  incorporation  of 264 

to  hold  meetings 740 

turnpike,  charter  repealed 912 

Great  Falls  Manufacturing  Co.,  incorporated 175 

to  acquire  real  estate 490 

capital    enlarged 712 

vocal  harmony  society,  Somersworth 502 

Great  Ossipee  Manufacturing  Co 412 

Greenfield,   Lafayette  Man'f 'g  Co.,  incorporated 567 

rifle-men    organized   at 345 

Greenland,  Brackett  academy 369 

Guardians,  duties  of 1 1 7-1 19 

judge  of  probate  to  appoint 117 

to  sell  real  estate,  act  repealed 131 

Gunhouses,  prevention  of  injuries  to 466 

Gunpowder,  regulations  for  selling  of 461,  656 

Hackett,  William  H.  Y.,  in  favor  of 758 

Hall,  Obed,  discharge  of,  as  land  agent 62 

Hampstead,  Sacred  Music  Society 147 

Hampton    canal 315 

Causeway  Turnpike,  committee  to  investigate 61 

to  become  public  highway 485 

reading  room  and  social  library 562 

Hancock,  Union  Manufacturing  Co 716 

Hanover,  St.  Andrew's  Chapter  of  Royal  Arch  Masons 12 

Hardy,  Jonathan,  farm  of,  annexed  to  Chatham 211 

Harmony  Lodge,  No.  38,  Hillsborough 587 

Hart  Island  bridge 8,  570 

Hart's  Location  classed  with  Bartlett  and  Adams 943 

pond,  preservation  of  fish  in 26 

Harvey,  Daniel,  in  favor  of 764 


index  957 

Haverhill,  first  engine  company 410 

Grafton  Lodge,  No.  46,  incorporated. 718 

land  in,  to  go  to  heirs  of  Nicholas  Dorion 699 

Page  Sabbath   school 619 

south  parish,  first  musical  society 407 

Hebron  to  send  representative  to  General  Court 575 

Henniker,  Aurora  Lodge,  No.  43,  incorporated 743 

Highway  from  Adams  to  Randolph,  further  time  for  completing 700 

Highways,  board  of  road  commissioners  established 915 

encumbrances   in 897 

laying  out,  compensation  to  committees  for 17 

by  court  of  sessions 250 

by  superior  court 23 

regulations  for  discontinuance  of 621 

repairing  of 248,  517 

surveyors  of,  term  of  office 400 

turnpike  corporations  to  alter   roads 626 

See  also  Roads  and  Turnpikes. 

Hill,  Isaac,  in  favor  of 746 

Hillsborough   academy,   incorporated 51 

county,   bounds   of 880 

probate  court 359,  931 

superior    court 930 

Harmony   Lodge,   No.   38 587 

instrumental  music  band 409 

N.  H.  Cotton  and  Woolen  Factory 155 

Hinsdale  to  Israel's  river,  canal  from 806 

Hiram  Lodge,  No.  9,  incorporated 88 

Historical  Society,  New  Hampshire,  incorporated 178 

Holderness  and   Plymouth,  bridge  between 326 

union  bridge,  incorporated •  941 

union    library 244 

Hollis,  grenadiers  organized  at 401 

Hooksett,  incorporation   of 141 

Manufacturing  Company 196 

Hopkinton    academy 603 

St.  Andrew's  Church 589 

union  Baptist  society 624 

Hough,  George,  in  favor  of 913 

Humane  Lodge  No.  21,  incorporated 19 

Idiots,  relief  of,  act  repealed 131 

Idle  persons,  repeal  of  act  respecting 131 

punishment    of 753 

Incorporation  of  towns,  Derry 627 

Franklin     784 

Hooksett • 141 

Milan    321 

Randolph   288 

Indian  Head  Factories,  Dunstable 392 

Insolvent  estates,  distribution  of,  act  repealed 131 

settlement  of 104 

Insurance  companies,  Cheshire  County  Mutual  Fire 450 

Dover  Fire  and  Marine 439 

Merrimack  County  Mutual  Fire 447 

New  England  Fire 360 

New  Hampshire  Fire  and  Marine 77 

Mutual   Fire 432 

Portsmouth 69 

Intestate  estates,  descent  of,  act  repealed 131 

distribution  of 102,  360,  535 

Inventories,  return  of,  by  selectmen 289,  719 

Israel's  river,  canal  from  Hinsdale  to 806 


958  INDEX 

Jaffrey,  Cheshire  Manufacturing-  Co 199 

Jail  delivery,  commissioners  of,  appointed 796,  875 

Jefferson  selectmen,  in  favor  of 764 

Journals  of  House  and  Senate,  publishment 253 

Judge  of  Probate,  bonds  given  to,  suits  on 129 

decisions  of,  appeal  from 127 

duties  and  powers  of no,  438 

to  license  executors  to  sell  property 123,  155,  438 

Jurors,  selection  and  services  of 636 

Justices  of  Peace,  jurisdiction  of 819 

of  superior  court,  powers  of 145,  370,  538 

Keene  engine  company,  name  changed 92 

additional  men   appointed   for 420 

No.    2 486 

light   infantry  incorporated 513 

Kent  and  McFarland,  in  favor  of 913 

Kilkenny  classed  for  representation 252 

Kimball,  Samuel  A.,  in  favor  of 929 

LaFayette,  General,  invited  to  visit  New  Hampshire 379 

reception  of 473,  475 

Lodge  No.  41,  Bedford,  incorporated 726 

Manufacturing  Co.,  Greenfield 567 

Lake  Manufacturing  Company,  Chesterfield 248 

Lamprey  river  village  Methodist  Episcopal  meeting-house 634 

Lancaster  academy,  incorporated 783 

corner    aqueduct 601 

preservation  of  fish  in  Martin  meadow  pond 752 

street    aqueduct 198 

Land  adjoining  rivers,  damage  done  by  lumber 933 

agent,  discharge  of 62 

annexed  to  Bartlett 218 

to  South  Hampton 300 

in  Haverhill  to  go  to  heirs  of  N.  Dorion '. 699 

north  of  Dartmouth  College  grant,  survey  of 292 

partition  of,  act  repealed 131 

sold  to  Abel  Crawford 748 

to  B.  Emery 703 

to  James  Bean 702 

to  Samuel  Rollins,  Jr 251 

to  William  Triggs,  Jr 748 

by  sheriff,  preservation  of  title 321 

state,  north  of  45th  degree,  N.  Lat.,  to  be  in  Coos  county 380 

sale  of 59-6i,  378,  573,  702,  748 

town  of  Bartlett  to  make  survey  of 251 

Law  of  road  established 133 

Laws,  committee  for  revision  of 573,  702,  749,  943 

compensation    to 700 

publication  of 571 

Lebanon  bank 774 

Cotton    Factory    Co 403 

Cotton  and  Woolen  Factory  Co 328 

Enfield  and,  Iron  Manufactory 193 

Lee  academy,  trustees  of 747 

Lewdness  and  fornication,  punishment  for 856 

Library,  state,  to  be  in  state  house 748 

Libraries,  Acworth  union 500 

Adams    ^84 

Alton     601 

Bow   153 

Bristol    236 

Brookline   238 

Candia    295 

Chester 262 


INDEX  959 

Libraries,  Dublin,  juvenile 395 

East  Kingston   union ou4 

Eaton    -""' 

Gilford,   Universalists'    ^34 

Gilmanton,   village °7 

religious    3°* 

Goff  stown    union 5°6 

Hampton  reading  room 5^2 

Holderness  union   244 

Litchfield   86 

Mason,  Souhegan  village 507 

Milton     8° 

Nelson 42» 

Pemigewasset  social,  Peeling 5°3 

Rumney,  circulating   294 

Sanbornton    93o 

Sutton,   south   central 7°° 

Troy    397 

Walpole    l82 

Washington 48,  85 

West   Boscawen   social 936 

Whittfield   social    • 936 

Wilton,  ministerial    368 

Licensed    houses    regulated 684 

Lincoln  classed  with  Bethlehem  and  Franconia 209 

Lisbon  and  Franconia,  boundary  line  between 502 

incorporated  and  name  changed  from  Concord 268 

Litchfield  Fishing  Company 5" 

and  Merrimack  bridge 429 

social  library 86 

Literary  fund,  appropriation  of 825 

established    37,    *54 

societies,  Dublin    279 

Exeter  Atheneum    4°8 

Franklin,  Northfield  .  . 56 

Little's  falls,  mills  at,  exempt  from  taxation.  .  .  .• 50 

Locks.     See  Canals. 

Londonderry,  Adams  female  academy 183,  711 

Beaver  pond,  fish  in,  act  repealed 201 

division  of,  to  form   Derry 627 

Pinkerton  academy 71 1 

Lotteries,  suppression  of 698 

Loudon  Manufacturing  Co 739 

Merrimack  Company  for  cultivating  "mulberry  tree 425 

Lumber,  damage  done  by,  to  owners  of  river  land 933 

Lyman,  bridge  from,  to  Barnet,  Vt 822 

Mahurin,  Ephraim  H.,  in  favor  of 730,  761 

Maine  and  New  Hampshire,  boundary  line  between 701 

compensation      to      commission- 
ers    702,  830 

report   of 943 

Manslaughter,   punishment   for 715 

Manufactories.     See  Coi-porations. 

Manufacturers'  bank.  New  Ipswich,  incorporated 814 

Marriages  and  divorces,  regulation  of 357 

Martin  meadow  pond,  preservation  of  fish  in 7"- 

Mason,  Columbian  Manufacturing  Co 583 

Cotton   Factory,  incorporated 76 

Remsen  Manufacturing  Co.,  incorporated 488 

Souhegan  village  library 507 

Souhegan  Woolen   Factory,  incorporated 151 

Massachusetts  and  New  Hampshire,  boundary  line  to  be  surveyed ....  474 

Measurers,  grain,  appointment  of,  in  Portsmouth 144 


960 


INDEX 


Medical  college,  Hanover,  use  of 378 

society,  White  Mountains 10 

Merchandise,  weighing  of • 660 

Meredith,  Congregational  and  Baptist  meeting-house 511 

Cotton  and  Woolen  Factory  Co.,  name  changed 744 

Meridian  Sun  Lodge,  No.  25,  Bath 494 

Merrill,  Dorcas,  land  granted  to 573 

Merrimack  company  for  cultivating  mulberry  tree,  Loudon 425 

county  bank,  Concord 374 

bounds  of 88 1 

convention   in 225 

courts,  time  of  holding .221,  287,  412,  650,  930,  931 

established    221 

Mutual  Fire  Insurance  Co 447 

probate  court  in,  time  of  holding 287,  412 

society  for  agriculture,  in 276 

tax  collectors,  regulations  for 280 

locks  and  canals,  proprietors  of 681 

river,  preservation  of  fish  in 234 

society  for  cultivation  of  martial  music 782 

town  of,  First  Cotton  Mill 240 

First  Fire  Engine  Company   39$ 

Manufacturing  Company   208 

Mesne  process,  service  of,  on  corporations 464 

Middleton  to  send  representative  to  General  Court 574 

Milan  incorporated 321 

Militia,  adjutant  general,  duties  of 47,  164 

to  perform  duties  of  quartermaster-general  283 

to  procure  books  for  officers 377 

and  inspector-general,  appointed  by  governor 831 

duties 831,  832 

aides-de-camp  commissioned  by  captain-general 830 

brigades,  how  constituted 889 

companies  in  Derry  annexed  to  eighth  regiment 660 

Wakefield  and  Brookfield,  divided 137 

courts  martial,  regulations  for 840 

formation   of   regiment 893 

grenadiers,  companies  organized 401 

gunhouses,  erection  of 891 

prevention  of  injuries  to 466 

inspection  and  review,  regulations  for 833,  834 

invasion  or  insurrection,  regulations  during 894 

Keene  infantry  company 5X3 

military  duty,  exemptions  from 898 

fines   for  neglect  of 898 

relief  of  prisoners  for  neglect  of 57 

money  appropriated  for 166,  722 

officers,   appointment  of 889 

duties  of 830 

equipment    of 890 

organization  and  equipment  of 886 

quartermaster-general,  office  abolished 283 

appointed  by  governor 832 

regiments,  division  of 84,  367 

in  state,  how  constituted 886 

regulations  for 23,  135,  263,  830 

rifle-men,  company  of,  at  Amherst 293 

at  Greenfield 345 

companies  of,  to  be  organized  into  regiments 294 

rules  of  discipline  for 892 

twenty-fourth  regiment,  relief  for 318 

uniforms,  how  determined 834 

Milton   social   library 80 


INDEX  96l 

Money  raised  for  state -'-2,  165,  250,  458,  536,  640,  877 

state  treasurer  to  borrow 73l 

Monroe,  James,  resolution  relative  to 476 

Moore,  Henry  E.,  in  favor  of 746,  9*3 

Jacob  B.,  in  favor  of 746,  9r3 

Morning  Star  Lodge,  No.  17 278 

Mount  Lebanon  Lodge,  No.  32 92 

Moriah  Lodge,  No.  32,  Canaan 237 

Vernon  Lodge,  No.  15 •  96 

Mulberry  tree,  company  for  cultivation  of 425 

Musical  societies,  Amherst 139 

Boscawen,  Martin  Luther 158 

Canaan   89 

Candia  sacred 648 

Cheshire  sacred 484 

Dublin    46 

Dunbarton    274 

Durham,  Martin  Luther 342 

Gilford,  union 89 

Goff stown,  sacred 394 

Great  Falls  vocal  harmony,  Somersworth 502 

Hampstead    147 

Haverhill  south  parish 407 

Hillsborough,  instrumental  band 409 

Merrimack,  for  cultivation  of  martial  music 782 

New  Durham  and  Alton  Harmony 15 

Newmarket 39 1 

North  Barnstead  sacred /Sj 

Northfield,  sacred 343 

Pembroke    sacred 42 

Portsmouth,    Handel 246 

Rochester    • 410 

Sanborn  ton,  first  Baptist 37 

Strafford,  in  Sanbornton 279 

Wentworth,  instrumental  music  band 295 

Names  changed: 

OLD  NAMES.  NEW  NAMES. 

Abbot,  John,  Jr.                           Abbott,  John   William 723 

Abbot,  Samuel                              Abbot,  Samuel  Sheldon 146 

Adams,  Asahel                             Adams,  Asahel  Lamson 530 

Alcock,  Cyrus  Bradford             Otis,  Cyrus  Bradford 530 

Alcock,  Elbridge  Gerry              Phipps,    Elbridge   Gerry 648 

Alcock,  Joseph                              Phipps,    Joseph 648 

Alcock,  Joseph,  Jr.                      Phipps,  Joseph,  Jr 648 

Alcock,   Lucy                                Phipps,    Lucy 648 

Alcock,  Luke                                 Otis,    Luke 530 

Alcock,  Robert  Howe                 Otis,  Robert  How 530 

Alcock,   Timothy   Bradford       Otis,   Timothy  Bradford 530 

Barrett,  John,  3d                         Barrett,  John   H 241 

Batchelder,  Olive                         Blake,   Olive 725 

Bradley,   Andrew                         Rankin,    Andrew 272 

Brown,  John                                 Brown,  John  Joseph 146 

Brown,  John                                  Brown,  John  Perkins 797 

Brown,  John,  4th                        Brown,  John   Berry 341 

Brown,  Joseph                              Brown,   Joseph    H 271 

Buss,  Stephen  Abbot                   Abbot,    Stephen 301 

Clark,  John,  6th                           Clark,  John  Henry 242 

Copp,   Rufus  King                      King,   Rufus   Home 648 

Cotton,  William                          Weston,  William 49 

Crossman,  Josiah  Richardson  Parker,  William 271 

Cutler,  Ebenezer  W.                   White,   Benson 648 

Dort,   Rosetha                               Smith,  Rosetha 271 

Ellingwood,    Hiram                    Clark,  Hiram 301 

61 


962 


INDEX 


Names  changed: 

OLD   NAMES. 

Ellis,  Millet 
Farnsworth,    Calvin 
Fassett,  John,  3d 
Favor,  William 
Fernald,  John 
Flanders,  Enos 
Folsom,    Nathaniel 
Frost,  Joseph,  3d         • 
Garland,  Hannah 
Garland,   Jeremiah 
Garland,  Martha 
Garland,  Silas  Moor 
Glover,  Moses 
Graves,   Edward  Varney 

Caverly 
Graves,  Elijah 
Graves,  James 
Graves,  James   Madison 
Graves,  John  Caverly 
Graves,  John  L. 
Graves,  Mercy  H. 
Greenleaf,  Samuel,  Jr. 
Heald,  Charles 
Hogg,  Almena   Emeline 
Hogg,  Betsy 
Hogg,  Cyrus 
Hogg,  Daniel 
Hogg,  Daniel  Erastus 
Hogg,  Daniel  W. 
Hogg,  Folensbee 
Hogg,  Hiram  T. 
Hogg,  Horace 
Hogg,  Huldah 
Hogg,  James 
Hogg,  John 
Hogg,  John 
Hogg,   Jonathan 
Hogg,  Joseph 
Hogg,  Levi  Austin 
Hogg,  Loranzo 
Hogg,  Lucy 
Hogg,  Margary 
Hogg,   Moses 
Hogg,   Priscilla 
Hogg,  Rebecca 
Hogg,  Robert 
Hogg,  Susan 
Hogg,  Jonathan,  Jr. 
Hogg,    Susan 
Hogg,    Susannah 
Hopkins,   John   Edward 

Holyoke 
Hopkins,  Mary  Barns 

Holyoke 
Home,  Albert  W. 
Home,  Nathaniel 
Johnson,  George  Washington 
Kenison,   Adam 
Kenison,  Mark 
Kenison,  William  Neal 
Kenniston,  Stephen 
Lamper,  James 


NEW    NAMES. 

Ellis,  John    M 242 

Shelly,    Calvin 241 

Fawset,  John  Williams 530 

Favor,  William  Burton 146 

Gardner,  John 463 

Flanders,  Samuel  E 797 

Folsom,  Nathaniel  Rindge 648 

Frost,  Joseph  Perry 797 

Moor,    Hannah 725 

Moor,   Jeremiah 725 

Moor,   Martha 725 

Moor,  Silas 725 

Wyman,  Moses 530 

Gilman,  Edward  Varney  Caverly.  .  797 

Gay,   Elijah 241 

Gilman,  James 797 

Gilman,  James  Madison 797 

Gilman,  John   Caverly 797 

Stimpson,  John  L 725 

Gilman,  Mercy  H 797 

Greenleaf,  Francis  Samuel 271 

Dodge,  Charles 49 

Carpenter,  Almena  Emeline 146 

Johnson,  Betsy 271 

Carpenter,    Cyrus 146 

Johnson,  Daniel 271 

Church,  Daniel  Erastus 301 

Carpenter,  Daniel  W 146 

Woodbury,    Folensbee 725 

Carpenter,  Hiram   T 146 

Church,   Horace 301 

Church,    Huldah 301 

Johnson,   James 271 

Johnson,    John 271 

Woodbury,    John 725 

Carpenter,  Jonathan 146 

Johnson,    Joseph 271 

Woodbury,  Levi  Austin 725 

Church,    Loranzo 301 

Church,  Lucy 301 

Church,    Margary 301 

Johnson,    Moses 271 

Carpenter,    Priscilla 146 

Carpenter,    Rebecca 146 

Church,    Robert . 301 

Bartlett,    Emeline 530 

Carpenter,  Jonathan,  Jr 146 

Johnson,    Susan 271 

Woodbury,    Susannah 725 

Holyoke,  John  Edward  Hopkins...  648 

Holyoke,  Mary  Barns  Hopkins....  648 

Orne,    Albert    W 725 

Orne,    Augustine    Woodbridge 725 

Washington,    George 463 

Roberts,  Adam 648 

Roberts,    Mark 648 

Roberts.  William  Neal 648 

Davis,  Stephen 271 

Bunker,  James 49 


INDEX 


963 


Names  changed: 

OLD  NAMES. 
Lamper,  Mary  Ann 
Lane,  John,   3d 
Leathers,  Edward 
Leathers,  Elis 
Leathers,  Eliza  A. 
Leathers,  James 
Leathers,  Lydia 
Leathers,  Mark 
Leathers,    Nathan 
Leathers,  Paul 
Leathers,  Sally 
Leathers,  Sally,  2d 
Leathers,   Samuel 
Leavitt,  Ansel 
Leavitt,   Hannah 
Leavitt,   Nathaniel 
Leavitt,  Orpha 
Leavitt,  Ralph  Erastus 
Leavitt,    Shared 
Leavitt,   Sophronia 
Libbey,  David  T. 
Lock,  Joseph,  4th 
Loveland,   Israel,  3d 
McDuffee,    Drusilla 
McDuffee,  Isaac 
McDuffee,  Isaac  W. 
McDuffee,   Sally 
Moulton,   David 
Neele,  Joseph 
Nelson,  Robert,  Jr. 

Nute,  Betsey 

Nute,  Charles  Dennet 

Nute,  Cyrus  Leonard 

Nute,  Hannah  S. 

Nute,  Mary 

Nute,  Mary  Frances 

Nute,  Millet  Jones 

Nute,  Moses  Dennet 

Nute,  Olive 

Nute,  Polly 

Nute,   Samuel 

Nute,  William   H. 

Patterson,   Robert   Mark 

Penhallow,  Susan  Pierse 

Penny,   Betsy 

Penny,   Elbridge   Gerry 

Penny,  Francis 

Penny,  Irenea  Jane 

Penny,   Thomas 

Penny,   Thomas,  Jr. 

Philbrook,  Josiah,  3d 

Pratt,   Dexter 

Purington,  James  Squires 

Ricker,  Daniel 

Roberts,   George,  3d 

Roberts,  John,  4th 

Rockwood,   William   Emer- 
son, 2d 

Rust,  Henry,  3d 

Smith,  Josiah 

Smith,  William,  3d 

Stanly,   Solon 


NEW   NAMES. 

Bunker,  Mary  Ann 49 

Lane,  John  S 725 

Adams,  Edward 146 

Clark,    Elijah 462 

Rand,  Eliza  A 725 

Adams,   James 146 

Adams,  Lydia 146 

Adams,  Mark 146 

Adams,  Nathan 146 

Adams,   Paul 146 

Adams,   Sally 146 

Adams,  Sally,  2d 146 

Leighton,  Samuel ! 49 

Gilman,  Ansel 301 

Gilman,  Hannah 301 

Gilman,   Nathaniel 301 

Gilman,  Orpha 301 

Gilman,  Ralph  Erastus 301 

Gilman,    Shared 301 

Gilman,  Sophronia 301 

Livy,  David  T 271 

Locke,  Joseph  Leavitt 463 

Loveland,  Israel  Belding 146 

Springfield,  Drusilla 301 

Springfield,    Isaac 301 

Springfield,  Isaac  W 301 

Springfield,  Sally 301 

Moulton,  David  Virgin 463 

Paine,    John ' 49 

Nelson,  Robert  Gray 49 

Newell,    Betsey 241 

Newell,  Charles  Dennet 241 

Newell,  Cyrus  Leonard 241 

Newell,  Hannah  S 241 

Newell,  Mary 241 

Newell,  Mary  Frances 241 

Newell,  Millet  Jones 241 

Newell,  Moses  Dennet 241 

Newell,  Olive 241 

Newell,  Polly 241 

Newell,  Samuel 241 

Newell,  William  H 241 

Patterson,  Robert 463 

Penhallow,  Susan  Stevens 146 

Woodman,  Betsy 463 

Woodman,  Elbridge  Gerry 463 

Woodman,  Francis 463 

Woodman,  Irenea  Jane 463 

Woodman,  Thomas  Penny 463 

Woodman,  Thomas,  Jr 463 

Philbrook,  Josiah  C 725 

Pratt,  George  Dexter 271 

Squires,  James  Purington 725 

Ricker,  Daniel  Wentworth 272 

Roberts,  George  Washington 272 

Roberts,  John  Garland 463 

Emerson,  William 725 

Rust,  Henry  Bloomfield 146 

Smith,  George  Washington 301 

Smith,  William  Batcheldor 241 

Stanly,  Solon  Walter 797 


964 


INDEX 


Names  changed: 

OLD  NAMES.  NEW  NAMES. 

Stevens,  Mary  Ann  Miller,  Mary  Ann 530 

Torr,  John  Greenfield,  John 146 

Walker,  Gideon,  Jr.  Walker,  Gideon  W 797 

Washington,  Fanny  Proctor     Davis,  Fanny  Proctor 272 

Washington,  Hannah  Davis,  Hannah 272 

Washington,  John  Shepard       Davis,  John  Shepard 272 

Willey,  Squire  Willey,  George 49 

Woodcock,  Belinda  Bertrum,  Belinda 530 

Woodcock,  Celista  Bertrum,    Celista 530 

Woodcock,  Dorothy  Bertrum,  Dorothy 530 

Woodcock,  Eliza  Bertrum,   Eliza 530 

Woodcock,  John  Bertram,  John 463 

Woodcock,  John  Bertrum,  John 530 

Woodcock,  Rebecca  Bertrum,  Rebecca 530 

Woodcock,  Samuel  Brackett     Bertram,  Samuel  Brackett 463 

Woodcock,  Sarah  Bertrum,  Sarah 530 

Woods,    Charles    Augustus        Woods,  Enoch  Charles  Augustus. . .     648 

Worthen,   Samuel  Worthen,  Samuel  Rush 725 

Wyman,  Luther  Smith,  Luther 271 

Nashua  Aqueduct  Company 503 

fire  engine  company,  No.   1 496 

ManTg  Company 188,  308 

Man'f  g  and  Mechanic  Assoc 826 

Navigation  of  Connecticut  river,  company  for 310 

Nelson,  first  Congregational  church 156 

literary   library 428 

Newcastle  bridge 9,   159 

New  Chester  union  bridge 339 

New  Durham  and  Alton  Harmony  Society 15 

New  England  Fire  Insurance  Co 360 

New  Hampshire  Canal  and  Steam  Boat  Co 687 

Cotton  and  Woolen  Factory,  Hillsborough 155 

Fire  and  Marine  Insurance  Co 77 

Historical   Society 178 

Hotel  and  Portsmouth  Pier 713 

Iron  Factory  Co 389 

Mutual  Fire  Insurance  Co 432 

Strafford  bank,  reincorporated 29 

name  changed  to  Strafford  bank.  ...        31 

turnpike  road,  surrender  of,  to  state 265 

union   bank,   reincorporated 27 

and  Vermont  Bridge  Company  time  extended 399 

New  Hampton  academy  incorporated 20 

name    changed 508 

to  receive  map  of  state 166 

Baptist  convention  to  elect  trustees 912 

Newington,  part  of,  annexed  to  Portsmouth 44 

New  Ipswich  Cotton  Mill,  incorporation  of 267 

engine    company 390 

manufacturers'  bank  incorporated 814 

Mill  Company 325 

Souhegan  Factory  at 83 

Newmarket,  Lamprey  river  village  Methodist  Episcopal  meeting-house     634 

Manufacturing  Co.,  incorporated 176 

sacred  musical  society 391 

Non-residents,  taxation  of  property  of 569,  732 

North  Barnstead  sacred  music  society 787 

Northfield,  Franklin  literary  society 56 

name    changed 237 

sacred  music  society 343 

Smithville    Factory 203 


INDEX  965 

Northwood,  Congregational  meeting-house 604 

Notary  Public,  term  of  office  limited 619 

Notes  and  bills  issued  by  banking  companies,  payment  of 4° 

Nottingham   West,  accumulating  fund  society 4M 

Noyes  school,  Andover 138,  203 

Oath  administered  to  debtors 465 

Offences,  punishment  for 632 

Offenders,   apprehension    of 55 

Officers,  state 1,  63,  169,  255,  381,  477,  576,  704 

compensation   to 729 

mode  of  electing 622 

Orange  to  elect  representative 944 

Orford,  Union  Lodge,  No.   10 238 

Overseers  of  poor  to  make  returns 232 

duties  of,  in  relieving  poor 753 

Palmer,  William,  in  favor  of 764 

Paulsbourg,  town  of,  changed  to  Milan 321 

Paupers,  maintenance  of •  753 

notice  to  towns  relative  to 468 

repeal  of  act  respecting 400 

settlement    of 750 

Peddlers,  regulations  for 39 

Peeling,  Pemigewasset  social  library 583 

Pelham,  annexed  to  Hillsborough  county 301 

preservation  of  fish  in  ponds  of 163 

Pembroke  Cotton  and  Woolen  Factory,  name  changed 50 

sacred   music   society 42 

south  meeting-house 737 

Pemigewasset  bank,   Plymouth . . . . 470 

social   library,   Peeling 583 

Pequawket  bridge,   Conway 727 

Perambulation  of  lines  between  towns 591 

Peterborough,  first  engine  company 275 

union  fire  engine  company 504 

Union  Manufacturing  Company 180 

Pews  exempt  from  attachment 658 

Philbrick,  Edward,  in  favor  of 745,  914,  934 

Philesian  Lodge  No.  40,  Winchester 403 

Pierce,  Eri,  action  against,  dismissed 166 

Piermont  bridge 4 1 7,  495 

toll  rates  established 907 

lands  of  Simon  Smith  disannexed  from ■  165 

Pine  timber,  mode  of  putting  into  Connecticut  river 933 

Pinkerton  academy,  Londonderry 711 

Pinkham,  Daniel,  to  construct  road  from  Adams  to  Durand 291 

Piscataqua   bank,   Portsmouth 363 

bridge 266 

fishing   company 319 

Steam  Boat  Co 676 

Piscataquog  lock  and  canal 139 

Pittsfield  Manufacturing  Co.,  incorporated 49O 

Plaistow,  Congregational  society  to  sell  land 285 

Pleasant  pond,  draining  of 25 

Plumer,  William,  Jr.,  appointed  agent  to  adjust  claims  against  United 

States 253  377 

Plymouth  and  Holderness,  bridge  between 326 

Pemigewasset   bank 470 

Police,  system  of,  in  Portsmouth 212 

Pont  Fayette,  proprietors  of 326,  535 

Poor,  maintenance  of , .  '  753 

overseers  of,  to  make  returns 232 


966  INDEX 

Portsmouth  Arsenal  to  have  addition  built  on 701 

bank,    reincorporated 31 

commercial  bank 454 

commercial  reading  room 396 

Dewitt  Clinton  Encampment 498 

Distillery  and  Central  Wharf  Co 302 

fire  engine  men,  additional,  appointed 55 

first  Methodist  Episcopal  society 394 

grain    measurers    appointed 144 

Handel    society 246 

Insurance    Company 69 

Mill  Company,  incorporation  of 44 

Newington,  part  of,  annexed  to 44 

Piscataqua    bank 363 

police,  system  of ,  in 212 

St.  John's  Lodge  No.  1 14 

savings    bank 206 

schools,  regulations  for 564 

south  parish,  additional  powers  given  to 500 

Sabbath    school 762 

Steam  Factory,  incorporated 229 

Sugar  Refining  Co 187 

Sunken  rocks  in  harbor  ceded  to  United  States 41 

taxes  in,  collection  of 895 

to  elect  representative  to  General  Court 180 

union    aqueduct 43 

Washington  Chapter  of  Royal  Arch  Masons 407 

Primary  schools,  regulations  for 661 

Prisoners,  care  of,  regulations  for 911 

escaping,  penalty  for  aiding 909 

liberation  of 655 

relief  of 57,  493 

Probate  court,  judge  of,  powers no,  123,  155,  438,  517 

salaries  of  officers 533,  653,  678,  877 

stationery  for 738 

Sullivan  county,  business  transferred  to 677 

time  of  holding,  Cheshire  county 932 

Coos    county 932 

Grafton    county 932 

Hillsborough  county 359,  931 

Merrimack  county 287,  412,  931 

Rockingham  county 318,  532,  641,  931 

Strafford    county 932 

Sullivan    county 932 

Process,  serving  of 599 

outside  of   state 857 

and  trial  in  civil  causes  regulated 419,  539,  860 

Promissory  notes,  grace  allowed  on 819 

Proportion  act  for  assessment  of  public  taxes 333,  923 

Proprietary  matters,  regulation   of 531 

records,  care  of 632 

Punishment  of  crimes 415,  715,  846,  882 

of  idle  and  disorderly  persons 753 

Quamphegan   Manufacturing   Co.,   incorporated 512 

Quarter-master-general,  office  abolished 283 

Randolph,  town  of,  incorporated 288 

Reading  room,  Portsmouth  commercial 396 

Real  estate,  conveyance  of,  act  repealed 131 

devising    of 98 

guardians  to  sell,  act  repealed 131 

license  to  sell,  act  repealed 131 


INDEX  967 

Real  estate,  mortgaged,  sale  of 159 

sale  of,  by  executors 112,   123 

Records,  proprietors',  care  of 53 1,  632 

state,  to  be  obtained  from  Massachusetts 703 

Registers  of  deeds,  choosing  of,  act  repealed 202 

duties   of 642 

Religious  associations  to  assume  corporate  powers 630 

meetings,  to  prevent  disturbance  of 443 

societies,  to  have  permanent  fund 245 

Alstead,  first  parish 7l7 

Baptist  Convention  of  New  Hampshire 497 

Bridgewater,  center  meeting  house 516 

Haverhill,  Page  Sabbath  school 619 

Hopkinton,  St.  Andrew's  Church 589 

Union   Baptist  society 624 

Meredith,    Congregational    and    Baptist    meeting- 
house     5 1 r 

Nelson,  first  Congregational 156 

Newmarket,  Lamprey  river  village  Methodist  Epis- 
copal   meeting-house 634 

Northwood,  Congregational  meeting-house 604 

Nottingham  West,  accumulating  fund 414 

Pembroke,  south  meeting-house 737 

Portsmouth,  first  Methodist  Episcopal 394 

south  parish  Sabbath  school 762 

Rochester,  Methodist  Episcopal  meeting-house 508 

Salem,  trustees  of  Dow  fund  and  donations 505 

Salisbury,  trustees  of  donations 134 

Sandwich,  first  Methodist  Episcopal  meeting-house  607 

Strafford,  first  Free  Baptist  meeting-house 817 

Wentworth   meeting-house   association 655 

Remsen  Manufacturing  Co.,  Mason,  incorporated 488 

name  changed 583 

Replevin,  action  of 4_>2 

Representatives  to  Congress,  mode  of  electing 292,  330,  527 

act   repealed 460 

to  General  Court.    See  General  Court. 

Rising  Sun  Lodge,  No.  39 235 

Road  commissioners,  board  of,  established 915 

law  of 133 

See  also  Turnpikes. 

Rochester  academy 623 

Methodist  Episcopal  meeting-house 508 

Rockingham  county,  bounds  established 879 

probate  court 318.  532,  641,  931 

superior  court 157,  930 

Rollins,  Samuel,  Jr.,  land  in  Adams  sold  to 251 

Rumney  circulating  library 204 

Saco  and  Ossipee  rivers,  ownership  of  timber  in 566 

St.  Andrew's  Chapter  of  Royal  Arch  Masons,  Hanover 12 

Church,  Hopkinton 589 

St.  John's  Lodge  No.  1,  Portsmouth,  incorporated 14 

St.  Mark's  Lodge,  No.  44,  incorporated 537 

St.  Paul's  Lodge  No.  30,  incorporated 75 

Salaries  of  probate  court  officers 533 

Salem,  trustees  of  Dow  fund  and  donations 505 

Salisbury  village,  trustees  of  donations  in 134 

Salmon  Falls  Manufacturing  Co.,  incorporated 81 

Sanbornton,  Centre  Lodge,  No.  20 504 

First  Baptist  musical   society 37 

library    society 930 

Strafford   musical   society 279 

Woodman   academy 499 


968  INDEX 

Sandwich   academy 349 

engine   company 428 

first  Methodist  Episcopal  meeting-house 607 

Savings  bank  for  County  of  Strafford 218 

Scale  beams,  steelyards,  weights  and  measures  regulated 804 

School,  Academic,  in  Conway 790 

districts  to  build  schoolhouses 666 

warrants  for  meetings  of 421 

Schools,  Portsmouth,  regulations  for 564 

primary,  regulations  for 661 

See  also  Academies. 

Seabrook,  bounds  of 85 

fire  engine  company  No.  1 507 

Selectmen  to  appoint  tax  collectors 7 

Settlement  of  paupers 750 

Sharon  to  send  representative  to  General  Court 58 

Sheep,    taxing    of 914 

Shelburne,  classed  for  representation 700 

selectmen,  in  favor  of 764 

Sherburne,  R.  H.,  &  Co.,  in  favor  of 913 

Shire  town  for  Hillsborough  county 253 

Shirley,  Edward,  farm  of,  annexed  to  Chatham 211 

Six-mile  stream  canal 242 

Smith,  Jacob,  farm  of,  annexed  to  Claremont 803 

Simon,  lands  of,  annexed  to  Wentworth 165 

Smith ville   Factory 203 

Social  Lodge  No.  50,  Enfield,  incorporated 725 

Somersworth,  Great  Falls  Manufacturing  Co 175,  490 

vocal  harmony  society 502 

Quamphegan  Manufacturing  Co 512 

Souhegan  Factory,  incorporated 83 

village    library 507 

Woolen  Factory  incorporated 151 

South  Hampton,  land  annexed  to 300 

State,  division  of,  into  councilor  districts 896 

house,  alterations  in .'  701 

superintendent   of 62 

library,  room  in  state  house  for 748 

officers,  compensation  to 729 

mode  of  electing 622 

names  of 1,  63,  169,  255,  381,  477,  576,  704 

Storer,  Clement,  in  favor  of. 761 

Strafford  bank,  formerly  New  Hampshire  Strafford  bank 31 

county,   bounds   of 880 

probate  court 932 

superior    court 930 

first  Free  Baptist  meeting-house 817 

Lodge  No.  29,  Dover 492 

Manufacturing  Co 713 

musical  society,   Sanbornton 279 

Suffrage,  rights  of,  secured 443,  595 

Suits  on  bonds,  regulation  of 129 

Sullivan  county,  bounds  of 881 

established    649 

probate  court 932 

superior  court 650,  931 

Suncook  Cotton  and  Woolen  Factory,  formerly  Pembroke  Cotton  and 

Woolen    Factory 50 

Sunken  rocks  ceded  to  United  States 41 

Superior  court,  appeal  to,  from  judgment  of  court  of  common  pleas  871 

auditors  appointed  by 201 

chancery  powers  vested  in 13 

Coos  county,  May  term  abolished 371 


INDEX 


969 


Superior  court,  highways  laid  out  by 23 

jurisdiction    of 

justices  of,  powers  extended x45 

to  appoint  commissioners  for  state 370 

to  establish  toll  rates  at  White  river  falls.  . .  .     538 

reports  of,  to  be  published 252 

time  of  holding,  Cheshire  county 344.  649,  931 

Coos   county 93l 

Grafton  county 4'4,  93* 

Hillsborough  county 930 

Merrimack  county 221,  650,  930 

Rockingham  county i57»  930 

Strafford   county 930 

Sullivan  county 650,  931 

Surry  to  elect  a  representative 572 

Surveyors  of  boundary  line  between  Maine  and  New  Hampshire,  com- 
pensation  to ^30 

Sutton,  south  central  social  library 7°° 

Taxation  of  bank  shares 103,  671 

mills  at  Little's  falls  exempt  from 50 

of  property  of  non-residents 569,  732 

of   sheep 9*4 

Taxes,  apportionment  of 333,  923 

assessors  of,  duties 205 

collectors  of,  appointment  of 7 

duties 5i5»  678 

in  Merrimack  county,  regulations  for 280 

laws  relating  to,  revision  of. ... . 252 

on  manufactories,  mode  of  assessing 445,  671 

in  Portsmouth,  collection  of 895 

proportion  acts  for  assessment  of 333,  923 

Taylor's  falls  bridge 5J8 

Testate  estates,  distribution  of 98 

settling  of,  act  repealed 131 

Timber  in  Saco  and  Ossipee  rivers,  ownership  of 566 

Toll  bridges,  preservation  of 744 

rates  at  Piermont  bridge 907 

Town  clerks  failing  to  make  return  of  votes,  penalty 20-',  401 

of  Merrimack  Man'f 'g  Co 208 

Towns  classed  for  representation: 

Bethlehem,  Franconia  and   Lincoln 209 

Colebrook  and  Columbia 379 

Danbury  and  Orange ^ 217 

Dixville,  Errol  and  Stewartstown , 379 

Dorchester  and  Dame's  Gore 217 

Hart's  Location,  Bartlett  and  Adams 943 

Kilkenny,  Jefferson,   Durand   and  others 252 

Milan,  Northumberland,  Piercy  and  Stratford 321 

Shelburne,  Shelburne  Addition,  Success  and  Maynesborou^h 700 

Whitefield  and  Dalton 209 

Towns  constituting  Merrimack  county 221 

incorporated,  Derry 627 

Franklin     784 

Hooksett 141 

Milan    321 

Randolph   288 

notice  to,  in  case  of  paupers 468 

perambulation  of  lines  between 591 

to  send  representatives  to  General  Court: 

Brookfield   . 574 

Center   Harbor    166 

Coventry 944 


970 


INDEX 


Towns  to  send  representatives  to  General  Court: 

Gilsum   573 

Hebron    575 

Middleton    574 

Orange    944 

Sharon     58 

Surry   572 

and  town  officers,  regulations  for 6io 

Treasurer,  state,  to  invest  in  funded  debt  of  United  States 380 

to  borrow  money 73 1 

Trees,  destruction  of,  punishment  for 632 

Triggs,  William,  Jr.,  state  land  sold  to 748 

Troy    library 397 

village  aqueduct •  4l& 

Trustees  of  debtors,  proceedings  against 4^>9»  7$7 

of  donations  in   Salisbury  village 134 

Turnpike  corporations  to  alter  roads 626 

Turnpikes,  Ashuelot   506 

Cornish,  process   against 943 

Franconia   798 

Grafton,  charter  repealed 912 

Hampton   Causeway 61,  485 

New  Hampshire,  surrender  of,  to  state 265 

Third,  to  surrender  charter 358 

Underwood,  Erastus,  in  favor  of 934 

Union  aqueduct,  Portsmouth 43 

bridge,   Holderness,  incorporated 941 

Lodge,  No.  10,  Orford 238 

Manufacturing   Co.,   Hancock 716 

Manufacturing  Co.,  Peterborough 180 

musical  society,  Gilford ■  .  .  .  89 

United  Fraternity,  Dartmouth  college 653 

Society,  Deerfield,  name  changed 727 

States  cavalry  and  artillery  discipline  to  be  examined 168 

Unity,  farms  of  E.  Glidden  and  J.  Smith  disannexed  from 803 

Vermont  General  Assembly,  act  confirmed 540 

Votes,  return  of,  penalty  for  failure  of  town  clerks  to  make 202,  401 

Voting,  regulations  for 443,  595,  610 

Wakefield  academy 659 

and  Brookfield,  companies  of  militia  divided 137 

Walpole,  Fall  Mountain  Factory  Co.,  incorporated 795 

library  association 182 

Warner  Lodge,  No.  35 90 

Washington  chapter  of  Royal  Arch  Masons,  Portsmouth 407 

library,  charter   amended 48 

shares  of  stock,  division  of 85 

Lodge,  No.   13,  Exeter 220 

Water  routes,  engineers  for  surveying 476 

Webb  Chapter  of  Royal  Arch  Masons,  No.  6,  incorporated 75 

Weights  and  measures,  agent  to  procure 476 

Wentworth  instrumental  music  band 295 

lands  of  Simon  Smith  annexed  to 165 

meeting-house    association 655 

Woolen  and  Cotton  Factory  Co 147 

West  Boscawen  social  library 036 

Westmoreland,  First  Fire  Engine  Company 329 

Wheeler,  Thomas,  Jr.,  in  favor  of 764 

Whitefield  classed  with  Dalton 209 

social    library 936 


INDEX  971 

White  Mountains  Medical  Society 16 

river  falls,  toll  rate  at 538 

action  against  proprietors  of 701 

Whittemore,  Jacob,  in  favor  of 914 

Wilcomb,  James,  in  favor  of 929 

Wills,  attestation  of,  act  repealed 131 

construction  of  words  in,  act  repealed 131 

filing  and  recording  of 98,  745 

probate  of no,  115,  123 

recording  of,  act  repealed 131 

Wilmot,  annexed  to  Senatorial  District  No.  8 342 

Wilton,  ministerial  library ....  368 

Winchester,  first  fire-engine  company 303 

Philesian  Lodge,  No.  40 403 

Winnipesaukee.     See  Winnipiseogee. 

Winnipiseogee    bank 345 

lake  to  Piscataqua  river,  canal  from 1,22,  426 

to  Sanbornton  bay,  canal  from 298 

Steam  Boat  Co.,  incorporated 231 

time  extended 405 

Witnesses,  fees  of 54 

handwriting  of,  proof  of 98 

refusing  to  appear,  fine  for 859,  870 

Wolfeborough,  sale  of  land  in ■ 748 

Woodman  Sanbornton  academy 499 

and  Willard,  in  favor  of 914 

Woolson,  Thomas,  in  favor  of 935 

Writs  on  review,  amendments  of 320 

serving  of 863 


INDEX  OF  NAMES  OF  PERSONS, 
PLACES,  ETC. 


Abbot(t),    Benjamin 588 

Charles    494 

Daniel    4,  188,  503 

David    143 

Ephraim 369 

Ezra    368 

George   D 761 

Jacob 369 

James  B 56 

John,  Jr 725 

John    William 725 

Jonathan    4,  66,  172 

Nathaniel   2,  432,  727,  728 

Samuel    146,  172,  259 

368,  384, 580, 708 

Samuel  Sheldon 146 

Stephen    301 

Thomas    257 

Thomas   S 3,459,478,577 

Abert,   Major 574 

Acworth    5,  66,  169, 172 

228,255,259,336,385,481 
580,  590,  649,  708, 887, 927 

Adams  (Jackson) ..  .6,  59-61,  68, 154 
174,251,261,291,292 
338,386,482,581,584 
700, 710, 888, 928, 943 

Adams,    Asahel 349,  530 

Asahel  Lamson 530 

Edward    146 

Jacob   183, 185 

James   146 

John    349 

Lydia    146 

Mark   146 

Nathan    146 

Paul 146 

Sally  146 

Sally,  2d 146 

Samuel    580,  628,  708 

William    2 

Aiken,  James 142 

Jonathan    394,  395,  586 

Phinehas 65 

Samuel    381, 447,  477,  576 

Samuel,   Jr 2,  64, 170,  256 

Ainsworth,  William  199,  200,  580,  708 

Akerman,  Benjamin  M 410 

Albany.     See  Burton. 

Alcock,  Cyrus  Bradford 530 

Elbridge    Gerry 648 

Joseph 648 


Alcock,  Joseph,  Jr 648 

Lucy   648 

Luke   530 

Robert  Howe 530 

Timothy    Bradford 530 

Aldrich,  David,  2d 6,  68,  174 

Alexander,    Elijah 67,  173,  260 

Foster  67 

Alexandria   5,  67,  173,  260,  337 

385, 482, 581, 709, 888,  927 

Allard,    David 577 

Allen,  Abner 774 

David    6,  173, 481 

Diarca    6,68,381,774 

John  J 390 

Allenstown    2,  63,  142,  169,  221 

257,335,38i,383,477,479 
578, 704, 706, 887, 897, 925 

Allison,    David 934 

James    578,  707 

Samuel  46 

Alstead   5,  63,  66,  76 

172,228,259,336,385,481 
580,708,717,880,888,926 

Alton    3,  15,  65,  146,  170,  334,  478 

577, 601, 690, 705, 888, 924 

Amariscoggin   river 574 

Amazeen,  Ephraim 9, 10 

Ambrose,  Jesse 428 

Stephen    2,  64,  276,  373,  432 

Ames,  Joseph 479 

Amherst    4,  51,  65,  77,  83,  97 

139, 150-152,  171,  222,  236 
253,258,267,293,335,355 
359, 360, 384, 480, 489,  579 
707,817,886,926,930,931 

Amoskeag    falls 296, 411 

Amsden,  Uriah 774 

Anderson,   Samuel 577,  705 

William,  3d 537 

Andover    4,  65, 138,  171,  203 

221, 257, 335, 367, 383, 575,  578 
706,  784-786,  881,  887,  897, 925 

Angier,  Needham 259,  385 

Antrim   4,  65,  171,  258,  335,  367 

384, 480, 579, 707, 888,  926 

Appleton,   Joseph . .  5, 67, 172,  259,  279 

280,385,395,450,481,496 

Nathaniel  W 762 

Ashuelot  river 562,  807 

Atherton,  C.  H 171 

Charles   H 208, 429 


974 


INDEX 


Atkinson    2,  63,  169 

256,333,381,477,479 
516,576,704,887,923 

Atkinson,  Daniel  C 169,  255 

Samuel    578,  625 

Atwood,    Joseph 68,  174,  260 

Austin,  Elijah 257,  383 

Avery,   Daniel 298,  300,  345,  348 

John    2 

Stephen   6,  174,  386 

Ayer,  Jesse 147 

John  J 707 

Richard  H 63,  172,  196 

197,230,429,447 

Badcock,  Josiah 138 

Badger,  Timothy 511 

William   345,  740,  762 

Bailey,  Amos  W 384,481,580 

Ensign    238,  239,  492,  493 

Jonathan    804 

Mark    567 

Baker,    Alpheus 12,  774,  tj~j 

Charles 408,  830 

Isaac 1 73 

Larkin   329,  385,  481 

Moses 6,  67,  173,  260,  581,  941 

Thomas  203,  204 

Baker's  river.  .....  .305,  574,  687,  690 

Baldface   mountain 218 

Baldmein,  Charles 409 

Baldwin,  Benjamin  P 417 

Nathan    483 

Samuel   716 

Stephen  K 828 

Ball,  David 303 

John   322,  688,  762,  763 

Ballard,  John  0 589 

Nathan 578 

Ballou,  Moses 416 

Bancroft,  Amos 281 

Bangs,   Cyrus 190 

Banks,  William,  2d 484 

Barber,  Robert 4,  138,  383 

Barclay,  Cyrus 709 

Barker,  David 322,  324,  623,  688 

David,   Jr 171,  190,  383, 479 

623,  624,  688, 689 

Lemuel    764 

Lemuel   M 537 

William    3,  65,  322,  623,  688 

Barnaby,   James 497 

Barnard,  Levi 601 

Barnet,  Vt 542,  557,  822 

Barney,  Jesse 688 

Barnstead 3,  50,  65, 170 

241, 257, 334, 382,  462,  463 

478,577,705,787,887,924 
Barr,    David 586 

Barrett,  Charles 4,  66,  83,  148,  151 

325,384,480,814,817 

Ehsha   ; 507,508 

John,  3d 241 

John    H 242 

Thomas   T 199 


Barrington    3,  65,  171 

235, 257, 334,  382,  478 
577, 606, 705,  888,  924 

Barron,  Benjamin 583 

John  V 583,584 

Barrows,  Samuel  S 774 

Bartlett   6,  74,  75,  154,  218,  251 

261, 291, 338, 378, 386, 482, 573 
581, 703, 710, 888, 928, 932, 943 

Bartlett,  Bradbury 256,  382 

Daniel    68,  173,  260,  386 

David   2 

Emeline 530 

Ezra 63, 169, 255 

304,314,688,750 

Ichabod 1,2,  178,  179 

206, 688, 689, 830 

James    171,  178,  257,  322 

382, 576, 688, 704 

John    64,577,705 

Jonathan    747 

Josiah    255,  747,  748 

Matthias 170 

Richard   1,  63,  169,  178,  255 

381,477,576,730,759 

Samuel   604 

Samuel   C 66,  579 

William 604 

Barton,  Carlton 481 

Bassett,  John 2 

John,  Jr 169 

Batchelder,    Jeremiah 577,  705 

Jeremy   478 

Josiah    B 279 

Levi   604 

Nathan 220,  279,  345 

384,  480, 828, 829 

Nathaniel   577,  705 

Olive   725 

Samuel    267,  279 

Simon   604 

William 279 

Zephaniah 425 

Bath  5,  67,  173,  260 

337, 385, 482, 494, 548 
581,709,888,927,932 

Baxter,  Chester 774 

Bayley,  William 42 

Baylies,  Edmund 392 

Bean,  Benning  M 3,  171,  255 

381,477,578 

James    4,  66,  702 

Moses    63 

Beard,  Asa 428 

Beard's  falls 822 

Beaver  pond 201 

Bedel,   Moody 699 

Bedford   4,  65,  140,  171,  258 

296,335,381,384,477,480 
576,  579,  707,  726,  887,  926 

Beede,  Thomas 368 

Belding,  Elijah.  .63,  169,  259,  580,  708 

Bell,  Andrew 705 

Andrew  W 9,  10,  170,  302 

George    256,  382,  478 


INDEX 


975 


Bell,  Jacob 410,  41 1 

John   184,  185,  196,  197,  704 

John,  Jr 1 

Joseph 6,  709 

Samuel   1 ,  63 

Samuel  D 184,185,381,477,573 

700,  702,  731,  749,  753, 758, 943 

Bellamy  bank  river 714 

Bellows,  Josiah 260 

Josiah,  2d 385 

Josiah,  3d 173,  314,  451,  454 

Thomas 450,  795 

Bellows'   falls 548,  550 

Benjamin,  Asher 392 

Bennet(t),  David  D 604 

John    498 

Thomas   4,  66,  384,  480,  707 

Benton.     See  Coventry. 

Benton,    Calvin 403,  404,  774 

William     386,  482,  774 

Berlin.     See  Maynesborough. 

Berry,  Nathaniel  G 709 

Thomas  G 454 

Bertram,   John 463,  530 

Samuel  Brackett 463 

Bertrum,  Belinda 530 

Celista    530 

Dorothy    530 

Eliza 530 

Rebecca    530 

Sarah    530 

Bethlehem    6,  49,  67 

173,209,210,260,337 

482,581,709,888,927 

Betton,   Thornton 705 

Bickford,   Asa 604 

Benjamin   604 

Betsy 604 

John    604 

Joseph    587 

Bingham,  James  H 63,259,  759 

Nathan    ^75,88 

Bisco,  Daniel  W 5,67,451,454 

Bishop,   Jewett 745,  934 

Bixby,    William 4,  707,  750 

Blair,    Walter 68,  173,  260 

_.  .  386,482,941,942 

Blaisdell,  Aaron   C 89 

Daniel    260,  386 

Elijah   482 

Robinson     206 

Samuel   80 

William    89,90 

Blake,  Dudley  D 604 

Jeremiah    2,  170 

Lemuel   W 826,  827 

Olive   725 

Sherburne     501,723,724 

Blanchard,    Augustus 607,  608 

David   385,481,590 

Ebenezer   i34(  681 

Bliss,  James   W 83,390,391 

Blodgett,   Caleb 1 73,  260,  386,  482 

Jonathan    6 


Blodgett,  Jonathan,  Jr .    174 

Marsena    281 

Thomas,  Jr 68 

Boardman,   Benjamin 198 

Langley    ..63,169,381,477,577,704 

Nathaniel    220 

William     579 

Bodwell,    Abraham 499 

Bolles,    Jonathan 260,  581 

Bond,   George 605 

Boody,    Joseph 3,  65 

Booth,    Oliver 481,  580 

Boscawen    4,  66,  158 

171,221,257,335,367,383 
479, 578, 635, 682,  706,  760 
761,784,887,897,925,936 

Boston,    Mass 230,  231,  264 

358, 392, 699, 741 

Bosworth,    Edward 774 

Bourne,  E.  A 605 

Boutwell,   Nehemiah 4,  66 

172,258,707 

Bow   2,  63,  142 

153,  169,221,258,335,383 
479, 578, 706, 887, 897, 925 

Bowers,  Jesse 66,  171,  258 

381,477,576 

Bowles,    John 64 

Jonathan     386,  482 

Thomas   S 407 

Bowman,  John 261,  291 

Jonas  B 296 

Zadock    345 

Boyd,   Isaac 510 

Boynton,   Abraham 710 

Francis   W 345 

Brackett,  Adino  N.  6,  68,  710,  783,830 

Bradford    4,  66,  171,  221,  258,  272 

335,367,383,417,479,530 

578,706,881,888,897,925 

Bradford,  Thatcher 4 

Bradley,  Andrew 272 

Moses   H 173,  255 

Richard . 258,  374,  383 

Branscomb,  Arthur 64,  170,  256 

382, 676, 705 
Brattleborough,  Vt.  548,557,812,813 

Bray,    William 319 

Breck,  James 67 

Brentwood    2, 63, 169,  256,  333 

381,477,576,704,886,923 

Bretton,    Mark -]2j 

Bretton  Woods    (Carroll) 174 

252,261,338,386,483,582 
700, 710, 834, 880, 888, 928 

Brewster,   Amos  A 740,  805 

Brickett,    John 830 

Bridge,   Matthew 605,  606 

Bridgewater    6,  67,  173 

260,337,385,482,516 
581,709,888,927,941 

Brierly,    Benjamin 246 

Briggs,  Eliphalet,  Jr 484 

William   225,  228 


976 


INDEX 


Bristol    6,  67, 173,  236,  255 

260,271,337,386,482,576 
581,709,725,888,927,932 

Brodhead,    John 381,477,634 

Brookfield    3,  65,  137,  I7h  257,  334 

478, 574, 577, 705, 888, 924 

Brookline    4,  66,  171,  238 

239, 258, 335,  384,  480 
492, 493,  707,  886, 926 

Brooks,    Luke 264,  740 

William    S 248 

Brown,  Abel 256,  705 

Abraham    66,  480 

Abram 172,  603 

Betsey 604 

Bryant    580,  708 

Daniel   454 

Edward    477 

Eleazer 267 

Enoch   478,577 

George    513 

Isaac  511 

Jeremiah 176 

John    2,  63,  146,  169,  190,  797 

John,  4th 341 

John  Berry. 341 

John   Joseph 146 

John    Perkins 797 

John   S 740 

Jonathan    153 

Joseph  271 

Joseph  H 271 

Josiah    172,  258 

Lawrence    220,  577,  705 

Moses    4,  383 

Philip    603 

Philip,  Jr 425,  426 

Samuel   65,171,257,432,578 

Stephen   712,  934 

Titus    66,  172,  258 

Titus  0.,  Jr 288 

William  586,  705 

Bruce,  John 66,  172,  258,  384,  480 

Bryant,    John 704,  774 

John   Joseph 138 

Buel,  Asahel 709 

Bugbee,  Amos 403,  404,  774 

Bullard,   Sampson 432 

Silas  76,488,489,814 

Bunce,  John  S 718 

Bundy,  David 281,  762 

Bunker,  James 50 

Mary  Ann 50 

Burbank,  Barker 386,  582,  710 

Ebenezer 59 

Burgin,    Hall. .  .276,277,  381,477,  704 

Burley,  Benjamin 6 

James  91 

William 220 

Burnham,  James 628 

John    51 

Samuel    6,294,386,581,709 

Burns,  George 294 

Samuel   482,  581 


Burns,  Samuel  A 510 

William 16 

Burnside,   David 601 

Burnstead,    John 713 

Burroughs,  Charles 206 

Burrows,  Giles  W 19 

Burton    (Albany) 6,  218,  334,  382 

478,  577,  705,  880, 881,  888,  924 

Burton,    Jonathan 481 

Buss,  Richard  T.,  Jr 504 

Stephen  Abbot 301 

Buswell,  Caleb 384 

Paul  S 173 

Richard    774 

Samuel    607,  648 

Butler,  Ebenezer 705 

Henry  64,  170 

Moody 716,  717 

Nehemiah    64 

Butterfield,  Phinehas 25 

Buzzell,  George 604 

Hezekiah  D 63 

Samuel  B 343 

Caldwell,  William 68,  260,  470 

Cambridge   338,  928 

Campbell,    John 782 

Smith    511 

Campton    6,  67, 173,  260,  337,  386 

482, 536, 581,  709,  887,  927, 941 

Canaan 6,  26, 89 

173,237,260,337,386,482 
581,709,888,914,927,932 

Candia  2,  63,  142,  169 

256,295,333,381,477,576 
648,  649,  704, 880, 887, 923 

Canterbury 2,  63,  169 

221,255,258,335,383,479 
578,  706,  880,  888, 897, 925 

Carey,  William 259,  385, 481 

Carkin,  John 567 

Carlisle,   Thomas 198,  783 

Carlton,   Ebenezer 310,  312 

Edmund   619 

Michael 497,  603 

Nathaniel  154 

Carpenter,  Almena  Emeline. . . .    146 

Cyrus    146 

Daniel  W 146 

David  M 64,  258,  383,  479,  706 

Eber 75,76 

Hiram    T 146 

Jonathan    146 

Jonathan,  Jr 146 

Priscilla   146 

Rebecca    146 

Carr,  Daniel 788 

Jesse    480,  586,  707 

John    37 

Samuel  W 322,  688 

Carrigain,  Philip 929 

Carroll.     See  Bretton  Woods. 

Carter,  Aaron 745,  934 

Charles   659 


INDEX 


977 


Carter,  George  W 659 

Cartland,  Samuel 386 

Cass,  Daniel 516 

Samuel    648,  649 

Caswell,  William  T 604 

Cavender,    John 203,  204 

Cavis,  Jonathan 578,  706 

Center   Harbor 3,  65, 166 

171,257,334,382,478 

536,577,706,887,924 

Chadbourne,  Thomas 790 

Chadwick,   Gilbert ,  382,  478 

John    65 

Joseph 635 

Peter    408,  409,  723,  914 

Chamberlin  (lain) ,    Ebenezer....      15 

Ephraim '. .  . . .      15 

John,  Jr 15 

John  C 195 

Chamberlain,  Levi 5,  67,  172,  259 

385,402,451,481,580,708 

Moses    737 

William    483,  710 

Champney,  Charles 587 

Chandler,   James 75 

John    76 

Roger    76 

Thomas   4,  381,  477,  576 

Timothy    276,  432,  437,  934 

Chapin,  Horace 385,  403,  481,  580 

Chapman,   Benjamin 481,  708 

John    19,  219 

Joseph    384 

Joseph,  Jr '. 172,  579 

Samuel   486 

Thomas 706 

Charlestown  5,  20,  66,  96,  172,  195,  196 
228,259,336,355,385,481 
548, 580, 629, 649, 650, 708 
801,  803,  811, 887, 927, 932 

Chase,  Abijah 176 

Abner    580,708 

Amos 262,  263 

Baruch 374,377,589 

Benjamin    262,  263 

Charles    172, 258,  384,  589 

Daniel   589 

Ebenezer    237 

Francis 5,  67 

Frederick 86 

Henry  B 90,  172,  258,  447 

Horace    276,  603 

John  G 219 

Jonathan   T 459,  727,  728 

Joseph   258,  384 

Joseph,  Jr 86 

Moses  86,87,480,579 

Paul    5g 

Philip 176 

Simon    508,  623 

Stephen 625 

Theodore   .    176,  207,  713,  7M 

Chase  s   island 548/550 

62 


Chatham     6,68 

174,210,211,257,334,478 
577, 705, 880, 882,  888,  924 

Chellis,  Thomas,  Jr 774 

Cheney,   William 259,  580 

Chester    1,  2,  64,  141-143 

170,  184,  185,256,262,333 
38i,477,573,576,627,7oo 
702,  704,  781, 880, 887, 923 

Chesterfield    5,  66 

172,248,259,336,381,385 
399, 481, 580,  708,  886,  926 

Chichester    2,  64,  221,  258,  335 

383,  479, 7o6,  888,  897,  925 

Childs,  Ebenezer  L 396 

Choate,  William,  Jr 382,478,  778 

Christie,  Daniel  M 479,  578,  706 

Church,  Daniel  Erastus 301 

Horace    301 

Huldah   301 

Loranzo    301 

Lucy    301 

Margary   301 

Robert 301 

Churchill,  David  C 774 

John  C 577 

John  T 705 

Cilley,   Bradbury 593 

Claggett,  William 170,  180 

„,     ,  ,  246,381,577 

Clapham,  Thomas   407 

Clapp,   Samuel 398 

Claremont    5,  66,  93,  95 

96,  172, 228, 259, 328, 329, 336 
385, 481, 530, 576,  580,  649,  704 
708,  759, 760, 803, 887, 927, 932 

Clark,  Ansel  R 510 

Daniel  ..  .279,  386,  482,  494,  581,  709 

David    278 

Elijah  463 

Francis 193 

Hiram    301 

James 3,65,134,171,257 

383,479,578,681,682,706 

John,  3d 279 

John,  5th 681 

John,  6th 242 

John   Henry 242 

Jonathan    604 

Mary 604 

Nathaniel 285 

Nathaniel  H 681 

m  Peter  87,  88,  479,  578,  706 

Clark  s  neck g 

Clay's  island 548,  550 

Cleaveland,  Aaron 193 

Clement,  John 260,  482 

Joseph   W 504,  505 

Samuel   258 

Clifford,  Samuel 482 

Clindenin,   John 3,  64,  170 

„,       ,     ,  ,       „          256,382,478,577 
Clough,  John  C 725 


978 


INDEX 


Clough,  Jonathan 2,  64 

Joseph 374 

Leavitt    383 

Leavitt,    Jr 258 

Phineas 603 

Cobb,  Simeon 5 

Simeon,  2d 67,  173,  248 

Cocheco  river 284,  322-324 

537, 574, 606,  687,  688,  690 

Cochran,  Israel 480,  579 

James   64 

Joseph 4 

Joseph,  Jr 66,  172 

Robert 386,581 

Cochran's  ferry 326 

Codman,  Ephraim 409 

Coe,    Ebenezer 604,  705 

John     ..; 322,478,688 

Coffin,  Benjamin 604 

Charles    69,  322,  688 

John  T 92 

Cofran,  James 170 

Joseph   747 

Cogan,    William 349 

Cogswell,  Amos 2 

John 761 

Pearson  3,  65,  169 

Colby,  Abraham 153 

Anthony 707 

Colman    3,  625 

Enoch,  Jr 59,  68,  1 74,  260 

386, 470, 482,  581 

John    709 

Joseph    272,  497,  498,  726 

Merrill    5,67 

Simon   P 708 

Thomas  W 4,  66,  169 

Cole,  James  C 508,  623 

Samuel    709 

Colebrook    .  ...6,  174,261,338,379,386 

482,  581,  710,  834,  888,  928, 932 

(First)   College  Grant. .  .379,  387,  483 

582,710,834,888,928 

Colley,  Joseph 429,  707 

Columbia    6,  68,  174 

261,281,338,379,386,482 
581,710,762,834,888,928 

Concord    1 ,  2,  7,  63,  69,  1 57,  169 

175, 194, 197,  205, 221, 222, 224 
230, 231,  255, 258, 262, 264, 270 
271,  287,  293, 296, 335, 355, 360 
361, 363, 372, 373,  376,  377,  381 
383, 388, 404, 433, 437, 448, 450 
477,  479, 484,  498, 513-515,  568 
571,  576,  578,  583,  650, 682,  701 
704, 706, 711,  712,  740-743, 750 
887, 897, 925, 930, 931, 934,  935 

Concord    (Lisbon) 6,  67 

173,260,268,337,386 
502,581,709,888,928 

Cone,  Charles  C 281,  762 

Jared 281 

Jared,  Jr 281 


Connecticut  river 281,  305 

311,399,417,540,546,548 
553,569,574,575,629,687 
688,  690,  692,  772, 795, 801 
805-807,822,880,881,933 

Conner,  Nathaniel 91 

Contoocook  river 567 

Conway 1,  3,  52 

53,63,65,171,211,218 
257, 272-274,  291,  334,  342 
382, 459, 478, 577, 706, 727 
728,  790,  791,  880,  888, 924 

Cook,  Benjamin 830 

Cooledge,  Henry 580 

Coolidge,  Curtis 390 

Cooper's    rocks 548,  550 

Copp,   Jonathan 278 

Rufus  King 648 

Corliss,  I.  L 173 

John  L 68,  260,  482,  581 

Cornish    5,  67,  96,  172,  259,  336,  385 

48 1 , 548, 580, 649, 708, 887,  927 

Cossit,  Ambrose 259 

Cotton,  William 49 

Couch,  Joseph 936 

Coues,  Samuel  E 382,  396 

478, 577, 705 

Coventry    (Benton) 6,  337,  482 

581,887,927,944 

Cragin,  Paul,  Jr .567,  568 

Crane,  Elisha  C 498 

Robert  T 681 

Crawford,    Abel 748 

William    385 

William,  Jr 260 

Crockett,  Ephraim 709 

John 497,  499 

Crosby,  Isaac 1 73 

Jazaniah 195 

Nathan 219 

William 4,  66,  172,  258 

William  S 238,  239 

Cross,   Joseph 19,  383,  479 

578, 623,  706 

Crossman,  Josiah  Richardson. .  .   271 

Croydon  5,  67,  172,  259,  336,  385 

481,  580,  649, 708, 888, 927 

Cummings,  Archelaus 259 

Joseph 20 

Currier,  Aaron 709 

Asa    930 

Henry 725 

Jacob  M 218,  322 

439, 442,  688 

John   5,89,  173,655 

Joseph    170,  382,  577,  708 

Richard,  3d 725 

Curtis,  Eleazer  D 12 

Joseph  A 12 

Cushing,  Benjamin 737 

Samuel    14,  407,  498 

Cutler,  Ebenezer  W 648 

James  J 795 


INDEX 


979 


Cutler,  Zara 52 

Zera 7-7,  728 

Cutter,  Charles  W 190,  193 

219,369,396 

Jacob   69,  206,  208 

Cutting,  Daniel 5,  67,  259 

402, 580, 708 
Cutts,  Edward 206,  322,  688 

Dakin,   Timothy 507 

Dalton   6,  209,210,211 

261,338,386,483,581,710 
772,  773,  834, 880, 888, 928 

Dalton,  Tristram 2,  64 

Dame,  Samuel 478,  577 

Dame's  Gore. . .  .217,  260,  337,  888,  928 

Damon,  Benjamin 934 

Dana,  Daniel,  Rev 184,  185 

James  F 12,  13,  173,  378 

Danbury 5,67,  173,217,260,337 

386, 482, 581, 709, 797, 888, 927 

Danford,  Ebenezer 345 

Danforth,  Josiah 172,  259 

Daniels,    George 171,  258 

Danville.     See  Hawke. 

Darling,    Enoch 383 

Joshua     276,  447,  743 

Stephen 579,  707 

Timothy    746 

Davenport,    John 407,  498 

Davis,    David 257,478 

David,  Jr 913 

Eleazer   3 

Fanny    Proctor 272 

Hannah    272 

Isaac   .' 15 

Jacob    15 

James    503 

John    15 

John  Shepard 272 

Jonathan    E , 484 

Joseph 497 

Stephen   65,  170,  271 

Day,   Aaron 708 

Dayton,  James 6,  238 

Dean,    Aaron 22^,  310—312,  450 

Stephen    329 

Dearborn,  Edward 507 

Freese    91,  220,  723 

George    391 

Thomas     3,  64,  1 70 

Deerfield    2,64,  170,  256 

318,333,382,478,577,641 

705,727,880,887,923,931 

Deering    4,  66 

146,  171,258,335,367,384 
480, 579, 707, 725, 888, 926 

DeGrand,   Frederick 567,  568 

Delano,  William  H 219 

Demerritt,  James   Y. . . .  171,  479,  578 

Dennet(t) ,    Charles 19,  508,  623 

Ephraim     45 

Densmore,    Elijah 790 


Densmore,  Elijah  F.  .  .  .  . 790 

Derry    627,  628,  64 1 ,  660,  705 

722,778,781,887,923,931 

Dexter,    David 93,  96 

Dewey,   John 16 

Dickerman,    Enoch 934 

Dickey,   Hanover 2 

Dickinson,   Gideon 774 

Dimon    island 493 

Dinsmoor,  John  T.  G 505 

Samuel  1 

Samuel,   Jr 731 

Dixville 338,  379,  387 

483,582,710,928 

Dodge,  Charles 50 

Edward 788 

George    580 

John    66,259,480,708,716,717 

Jonathan    P 258,  383,  579 

Moses    50 

Pickering 176 

Dodge's  falls 548,  550 

Doe,    Joseph 3,65,  171,219,257 

322,479,578,688,706,778 
Dorchester    6,  67,  173,  217,  260 

337,386,482,581,888,927 

Dorion,  John  B 699,  700 

Joseph   699,  700 

Nicholas   699,  700 

Peter   700 

Dort,  Eliphalet 484 

Rosetha 271 

Dotan,  Isaiah 20 

Dover    3,  1 1 ,  19,  65 

146, 171, 176, 177, 182, 183 
190,  193,218,233,257,271 
283,323,324,334,381,382 
413,439,442,477,479,486 
492, 576, 578, 606, 625, 687 
689,  690,  692,  704, 706, 714 
725,  886, 908, 924,  930,  932 

Dow,   Abraham 507 

Jeremiah   91,  382,  478,  577,  705 

John    256 

Moses    505 

Downer,  John 774 

Joseph    147 

Solomon    774 

Downing,  Lewis . 934 

Downs,  James 15 

Dowst,    Henry 578 

Drake,  Joshua  B 20,  21 

Nathaniel,   3d 20 

Drew,   Stephen 19,  80 

Thomas   C 1,255,381,451 

Drown,  Daniel  P 256,  382,  407 

Dublin    5,  46,  67,  172,  259 

279,280,336,385,395,481 
496, 580, 708, 880, 887, 926 

Dudley,  Andrew 2,  63,  381,  704 

Moses 577,  705 

Trueworthy   737 

Dummer    338,  928 


980 


INDEX 


Dummerston,    Vt .   399 

Dumbarton    i,  4,  66,  141-143,171 

221,258,274,335,383,479 
578,  707,  880,  887, 897, 925 

Duncan,  Adam 310,  312 

George 480,  587 

Dunlap,    Robert 726 

Dunstable    (Nashua) 4,  66,  171 

188, 258, 301, 308, 335,  359,  381 
384, 392, 401, 477, 480, 518, 519 
530, 576, 579, 707, 886, 926,  932 

Dupont,  Peter 567 

Durand    (Randolph) 174 

252, 261,  288, 291, 292,  338,  386 

483, 582, 700, 710, 834, 888, 929 

Durell,  Daniel  M. . .  .176,  177,  190,  193 

218,220,283,439,442 

Joseph     747 

Durgin,  Francis 59 

Mary   604 

Obadiah  Elkins 56 

Durham    3,  65,  171,  257,  334,  342 

343,  382,  479,  578, 888, 924 
Durkee,  John. . .  .65,  171,  260,  345,  386 

Dustin,  Caleb 505 

Ebenezer 193,  194,  603 

Dyer,  Samuel  B 579 

Eames,  Jeremiah .'.  .6,  387,  582 

Jonathan  ....386,482,581,655,656 
Seth  174 

East  Kingston ....  3,  64,  170, 256,  300 
333,  382,  478,  577,  705,  804, 886, 923 

Eastman,  Benjamin  D 60,  61 

Ebenezer    134,  432,  681,  682 

Isaac    934,935 

Jeremiah  L 790 

Jonathan  K 705 

Nehemiah    ..1,63,169,255,322,688 

Noah    171,257,578 

Richard 483,  582,  783 

Robert  K 830 

William 60, 61 

Eastman's   ponds 305,  691 

East  pond 137 

stream    411 

Eaton 3,  65,  171,  206 

242,244,257,272,334,383 

479,578,625,706,888,924 

Eaton,  Henry  M 648 

Jabez 3 

Moses,  Jr 655 

Page   743 

Peter 2 

Tristram   384,  481,  580,  708 

Eddy,  Caleb 513 

Edgerly,  Elizabeth 604 

Joseph    2,  64 

Thomas  T 503 

Effingham 65,  257,  334,  383 

412,479,578,888,924 
Egerton,    Samuel..  .5,  67,  173,  481,  580 

Egery,  Daniel 16 

Ela,  Nathaniel  W.  .......  .3,  65,  257 

283,  285, 322, 688 


Elkins,  Daniel,  Jr 60 

Peter 934 

Ellingwood,   Hiram 301 

Elliott,    Ephraim 6,  709 

Jacob  737 

Joseph 497 

Joseph  B 561 

Samuel   44 

Ellis,   Ferdinand 497,  501 

John  M 242 

Millet    242 

Ellsworth    6,  337,  386,  482 

581, 709, 887,  928 

Elmer,   Roswell 88,  759 

Emerson,  Benjamin 257,  479,  578 

Bodwell   480,  589,  704 

Charles  M 509 

John 510 

Samuel    349 

William    725 

William  G 503 

Emerson's  falls 340 

Emery,  Barzilla 703 

Caleb   6,  174,  581,  709 

Jacob,  Jr .' 737 

James  C 737 

John 378,379 

Joshua  425,  426 

Samuel  M.  C 72,7 

Sylvanus     378,  574 

Enfield 67,  173,  193 

194,  260, 337,  386,  463,  482 
581,709,725,777,888,928 

Enfield  Falls,  Conn 548,  550-553 

Epping 2,64 

170,256,333,382,478,576 
577, 704, 705, 879, 886, 923 

Epsom    2,  64,  170,  221,  258,  335 

383, 479, 579, 707, 887, 897, 925 

Errol    338,  379,  387,  581 

710,834,888,928 

Erving's    Location 338,  928 

Ethridge,    Stephen 608 

Evans,  Andrew  O 2,  63,  257 

383,  479,  706 

Asaph    432 

Benjamin     ...  .66,  172,  480,  579,  707 

Estwick    64,  170,  256,  478 

John    3 

Josiah    260 

Everett,  Jonathan  C 298,  300 

322, 688,  697 

Peletiah    M 390 

Ewins,  John 505 

Exeter   2,63,64,78 

169,  170,220,255,256,318 
333,355,382,408,478,501 
577,588,589,593,594,641 
705, 723,  886, 923, 930, 931 

Fabyan,   William 170 

Fairbanks,    Cyrus 416 

Jabez   25 

Samuel    303 

Fairfield,    Benjamin 259,  384,  480 


INDEX 


981 


Fairlee,    Vt 548 

Farley,  Benjamin  F 384 

Benjamin    M 480,  579,  707 

George    F 814 

Nathan    934,935 

Farmer,   John 578,  706,  761 

Farmington    1,  3,  63,  65,  84 

169,  171,255,257,334,383 
479, 578, 706, 725, 889, 924 

Farnsworth,  B.  F 497 

Calvin    241 

David     96,  97,  260,  385 

Jonathan    172,259,579,708 

Farnum,    John 343 

Farrar,  D.  W 173 

Daniel    W 385,  397,  416,  450 

Ephraim    H 325 

George     184-186 

Simon    7°8 

William     198,783 

Farrington,    James 706 

Farwell,   Preston 399 

Fassett,  John,  3d 530 

Favor,    Daniel 6,  68,  386,  581,  709 

William    146 

William    Burton 146 

Fawsett,  John  Williams 530 

Felch,    Daniel 428 

Fellows,    Hezekiah .  .  257,  383,  479, 936 

John    608 

Samuel    681 

Simeon    576 

Simon     169,  256,  477 

Stephen,    Jr 607 

Felton,    Jacob 390. 

Fenner,  Elhanen  W 634 

Fernald,    John 463 

Ferson,  William  M.  D 726 

Field,   Cyrus 75,7<'> 

William    G 182,481,580,708 

Fifield,  Joshua 276 

Fifteen-mile    falls 542 

Fish,    Ira 19 

Fisher,  Abraham 328 

Samuel   46 

Fishersfield  (Newbury)  ...  .4,  66,  171 
221,258,335,367,383,479 
579,707,881,888,897,925 

Fisher's  island .• 493 

Fisk(e),    Francis    N 374,377 

383, 479, 5/6 

Jonathan    219 

Mark    628 

Samuel     93,328,329,759 

Fitts,   Daniel,  Jr 295,  648 

Ephraim     64 

Frederic    295 

Nathan    583,  584 

Fitz,    Richard 300 

Fitzwilliam    5,  67,  1 72,  259,  336 

385,390,402,403,481,530 
580,  648,  704,  708,  887, 926 

Flagg,   William 322,  688 

Flag  island 548,  550 

Flanders,  Enos 797 


Flanders,  Gideon 579 

Joseph   j' hi,  386,  470 

Lewis    739,  740 

Samuel    206 

Samuel  E 797 

Thomas   478,  577 

Thomas,  Jr 705 

Timothy   384 

Fletcher,   Sampson 814 

Samuel    258,  432,  437,  579,  707 

Fogg,  John 828 

Joseph 256 

Parker    497 

Folsom,  Isaac  L 492 

John 382,  478 

Nathan    B 322,  490,  688 

Nathaniel   648 

Nathaniel    Rindge 648 

Samuel    624 

Stephen     237 

Forbes,  Abner 310,  312 

Ford,  Caleb  S 66,  172,  259 

384, 480, 579 
William  C 378 

Forrest,    Samuel 2 

Foss,  Jacob  D 478 

Moses,   Jr 59,  913 

Foss  and  Gillis'  Grant.  .  .59,  887,  928 

Foster,  David  C 64 

David  P 782 

Henry   182 

John    414 

John   W 207,  762,  763 

Foster's    tavern 518 

Fowler,  John  C 634 

Jonathan    624 

Fox,  Benjamin 583 

Samuel    65,  171,  479 

Francestown    4,  25,  66 

172,258,335,359,367,384 
480, 579, 707, 888, 926,  932 

Francis,  Ebenezer 713 

Franconia  . .  .6,  209,  210,  260,  264,  337 
386, 482, 502, 709, 798, 888,  928 

Franklin    784-786,  880 

881,887,897,925 

Freeland,  William  H 653 

Freeman,   Asa 175,  219,  233,  234 

322,688,713,714 
Jonathan,    2d 6,  709 

Freese,  Dudley 577,  7«5 

Jacob   1 70 

Fremont.     See  Poplin. 

French,  Abraham  S 170,  382,  577 

Benjamin   B 731,934 

Benjamin    F 384,  480,  503 

Coffin    M 648 

Daniel    604 

Ebenezer    579 

Frederick 208 

Green     480,  579 

John    1 

Josiah    480,  707 

Lowell    B 648 

Nathaniel 3 


982 


INDEX 


French,  Samuel .    258 

Samuel,    Jr 170 

Samuel  B 388 

Theodore    230,  513,  5*4 

Frink,  Cyrus 256,  382,  577,  705 

Frost,   Joseph 5,  67,  259 

385,481,580,708 

Joseph,    Jr 484 

Joseph,  3d 797 

Joseph    Perry 797 

Fuller,    Chase 516,  517 

Daniel,  Jr 579 

Edward    737 

Fullerton,    Nathaniel 199 

Thomas    S 199,  200 

Furber,    Jeremiah 349 

Gage,  Aaron,  Jr 4,66,172,258 

William    627 

Gale,    Benjamin 432 

Daniel,    3d 345,  383 

Israel    256 

Gale,  Jacob 478 

Joseph     737 

Stephen    67,  173,  257,  345,  3^3 

Gardner,    George 588,  589 

John    _. 463 

Garland,  Benjamin  B 147 

Hannah    725 

James    134,  681 

Jeremiah    725 

Martha    725 

Silas    Moor 725 

Susannah    604 

Garvin's    falls '514 

Gassett,    Henry 7^-3 

Gates,   Levi 173 

Gawin,    Etienne 699 

Marie    699,  700 

Gay,  Aden 496,  497 

Elijah    241 

Eliphalet    172 

Ziba    826,827 

George,  Daniel 480 

David    745,934 

John    374,377,447 

Moses    M 256 

Gerrish,  Alphonso 283 

Henry    76 1 

Isaac   761 

Jeremiah,    Jr 158 

Gilbert,  Joshua  B 737 

Gilchrist,  James 225 

Gile,  Timothy 737 

Giles,  Charles 3,  171 

Gilford     3, 65,  89,  90,  257,  334 

383, 479, 493, 534, 578, 620 
706, 828, 887,  924, 930,  932 

Gill's  island 548,  550 

Gillis'  and  Foss'  Grant.  .  .59,  887,928 

Gilman,  Ansel 301 

Benjamin    578 

Benjamin,    Jr 479,  706 

Charles 504 


Gilman,  Edward  Varney  Caverly  797 

Hannah 301 

James    797 

James  Madison 797 

John    B 87 

John    Caverly 797 

John    Taylor 588,  593 

Mercy    H 797 

Nathaniel    301,  588,  593,  594 

Nathaniel,    3d 593,  594 

Nicholas 408 

Orpha 301 

Ralph   Erastus 301 

Samuel  T 501 

Shared    301 

Sophronia    301 

Gilmanton    3,  65,  87 

88,  169,  171,241,257,334 

355,383,388,479,561,576 

578,706,887,924,931,932 

Gilmore,    Gawen ....  169,  255,  740,  913 

Gilson,   Calvin 399 

Luther 303,  399 

Samuel   399 

Gilsum   5,  67,  146,  173,  259,  336 

385,  481,  573,  580,  708, 887,  926 

Give,    Sherburne 604 

Glass,  John 747 

Gleason,    Charles 67,  172 

Timothy    S 759 

Glidden,   Erastus 803 

Nathan   173 

Glover,  Moses 530 

Godfrey,  Joseph 256,  382 

Goffstown    4,  66 

141-143,  169,  172,255,258 
296, 335, 359,  360,  384,  394 
395,411,480,579,586,587 
633, 704, 707, 887, 926, 932 

Going,  Asahel 601 

Goodall,  Ira 385,  470,  709 

Goodhue,  Asa 153 

Converse 774 

David  P 804 

Francis   805 

Nathaniel  89 

Gookin,  Richard 310,  312 

Gordon,  Alexander..- 505,  506 

Jesse    2,  64,  256,  478,  705 

John 275 

William    226 

Gorham.     See  Shelburne  Addition. 

Gorham,  David  W 408,  723 

Goshen    5,  67,  173,  259,  336,  385 

481,580,649,708,888,927 

Goss,  Charles 2 

Joseph  R 534 

Sylvester    T 407,408,410,  411 

Gould,  Edward 274 

Jacob   S 481,  580,  709 

John   171,  258,  479 

Gove,  Charles  F 394,  586 

John,  Jr 481,  580 

John  M 261,483,710 


INDEX 


983 


Grafton   6,  68,  173,  260,  337 

386,482,581,709,888,928 

Graham,    William 170,  256 

Grant,  Francis 91 

Samuel    451,  454 

Stephen    470 

Grantham    5,  67,  172 

259,336,385,477,48i,58o 

649,708,881,887,888,927 

Graves,  Edward  Varney  Caverly  797 

Elijah   241 

James    797 

James  Madison 797 

John    Caverly 797 

John  L 725 

Mercy   H 797 

Gray,  John,  Jr 583 

Great  mill  pond 272 

Great  Ossipee  pond 242 

Greely,   Alfred 503 

Ezekiel    503 

Joseph   188,  503,  518 

Stephen    L 345,  578,  706 

Green,    Gardner 713 

Henry   Atkinson 795 

Samuel    360 

Walter  C 219 

Greenfield  . . , 4,  66,  172 

257, 258, 335,  345, 367, 384 
480, 567, 579, 707, 888, 926 

Greenfield,  John 146,  623 

Green's   Grant 928 

Greenland    .2, 170,  256,  333,  369 

382, 478, 577, 705, 888, 923 

Greenleaf,   Abner 382,  407,  478 

Francis   Samuel 271 

Samuel    374 

Samuel,    Jr 271 

T.   R 681 

Greenough,    John 432,  761 

Richard     63,  169 

Greenwood,  Jeremiah 46 

Joshua 46 

Gregg,    Ebenezer 67 

James    A 385,  481,  580 

Gridley's  Location 218 

Griffin,  Samuel..  .67,  259,  385,  580,  708 

Griffith,  Samuel 173 

Groton   6,  68,  173,  260,  337 

386,482,581,709,888,928 

Grout,  Nathaniel 590 

Guild,  Benjamin 513 

Gumpos  pond 163 

Gunnison,   John 561 

Hackett,  William  H.  Y. . .  .89,  90,  396 

758, 762, 763 

Hadduck,  William 134 

Hadley,  Mass 548 

Hadley,  Samuel  W 407,408 

Hale,  Amos 402 

Moses 3,65,623 

Salma    173,255,708 

Samuel   .  .257,  322,  363,  367,  688,  762 


Hale,  Samuel,  Jr 3 

Thomas 498 

William    171,  233,  577,  705 

Hale's  Location 218,  338,  928 

Hall,  Amasa 259 

Amos 385 

Elijah   206,  322 

Ephraim  H 12,  13 

Horace 225,  228,  450 

Joshua    238 

Obed    59-62 

Robert    66,  258,  296,  384 

William     143,  795 

Ham,  John 283 

Robert 44 

William,  Jr 258,  383,  479,  707 

Ham  and  Dennet's  lane 44 

Hamlet's    ferry 519 

Hammond,  John 5,  173 

Luther    19 

Hammons,  Joseph.  ..171,  257,  383,  479 

Hampstead    . .  .2,  64,  147,  170,  256,  333 

478,516,577,705,887,923 

Hampton    2,  64,  170,  256,  316,  333 

478,  562,  577,  705,  886, 924 

Hampton    Falls.  . .  .2,  85,  170,  256,  333 

341, 382, 478,  577, 705, 886,  924 

Hampton  river 315 

Hancock 4,  66,  172,  258 

336, 367, 384,  480,  496, 567 
579,  7<>7,  716,  717,  888,  926 

Handerson,  Phineas 381,451 

Rufus    66,172,259,451,481 

Hanes,  Isaac ' 322 

Hannaford,    Peter 20 

Hanover  ...  .6,  12,  13,  68,  169,  173,  260 
337,378,386,482,538,581 
704,  709,  777,  887, 928,  932 

Hanson,  Asa 561 

Elisha 349 

Joseph,  Jr 623 

Joseph  S 623 

Maul   3,65 

Sargent 706 

Stephen    176,177,  190,  593,  7^3 

Hardy,  Jonathan 211 

Noah   156 

William 2 

Harker,  Isaiah 176 

William  E 176 

Harlow,  Branch 621 

Harper,  Abraham 20 

John  S 20 

Joseph    M 425,  426,  479,  578 

Harriman,   Daniel 285 

Harrington,  Stephen 432 

Harris,  David  T 502 

Harrison  G 90 

John   276,  277,  589 

John  H 6,  1 73 

Hartford,  Conn 62,  167,  540-543 

552,553,557,812 

Hart's   Location 338,  748,  929, 943 

Hart's  pond 26 


9«4 


INDEX 


Harvey,  Daniel 764 

John 604,  605 

Jonathan    1,  63,  169,255 

Matthew    381,  477,  576,  704 

Moses  L 384 

Haseltine,  James 737 

William   42,  72,7 

Hatch,  Azel 66,  172,  481 

Elisha 484 

John  K 369,  370 

Roger  C 603 

Hatfield,    Mass 548 

Haven,  Alfred  W 396 

Charles    C 392 

John 43,  206 

Joseph  W 763 

Nathaniel,  Jr 170 

Nathaniel    A 206,  762 

Nathaniel  A.,  Jr 178,  179,  256 

Haverhill 6,  63,  68,  169,  173,  255 

260,304,337,355,381,386 
407, 408, 410,  411,  414,  482 
541,548,581,619,699,709 
718,812,887,928,931,932 

Haverhill,  Mass 287 

Hawke    (Danville) 2,  64,  170,  256 

333,  382, 478, 577, 705, 887, 924 

Hayes,  Daniel 3 

Ezekiel    322 

Hanson    19,  80,  383,  479,  578 

John  W 190 

Nathaniel 60,  61 

Reuben 322,  578,  688 

Samuel   60,  61 

Haynes,  Daniel 256,  382 

Hayward,   Uzziel 5,  259 

William 484 

Hazeltine,    Richard 343 

Head,  Nathaniel 143 

Samuel 143,  258,  384 

Heald,   Asa 496 

Charles 49 

Healy,  Jesse 19 

Joseph   5,  96,  97,  173,  255 

Newell 1,  256,  382 

Heath,  William 510 

Hebron 6,  68,  173,  260,  337 

482,575,581,709,888,928 

Hemingway,  Elias 5 

Henniker 4,  66,  172,  221 

258,335,367,383,480,579 
707, 743, 880, 889, 897, 925 

Henry,  Hugh 801,  802 

William 199 

Herrick,  Daniel  L 398 

Hersey,  Peter 499 

Hill.     See  New  Chester. 

Hill,  Andrew  N 817,  818 

Elisha,   Jr 229 

Isaac 1,  63,  360,  447 

450, 479, 576, 746 

J.  Burley 498 

John    43,459 

Jonathan    604 


Hill,  Nathaniel  R 492 

Nicholas    D 604 

Samuel    604 

Thomas   P 499 

Hillsborough  ..  .4,  5 1 ,  66,  1 55,  1 72,  258 
336, 367, 384, 409, 480, 530 
579,587,707,881,888,926 

Hilton,  George 2 

Hinds,   Abner 322 

Abraham 385;  481,  580 

Hinsdale   5,  67,  172 

241,259,336,385,481,548 
580,  708, 806, 807, 886, 926 

Hobart,  Roswell 710 

Hobbs,    James 170,  256,  384,  707 

Josiah  H 659 

Hobson,  Joseph,  Jr 272 

Hodgden,  Abner 508 

Hodgdon,    Charles '. 44 

Charles,  Jr 3,  1 70 

Moses    175 

Thomas   P 787 

Hodge,  Perkins  A 537 

Hodges,    Phineas 329 

Hogg,  Almena  Emeline 146 

Betsy 271 

Cyrus    146 

Daniel 271 

Daniel  Erastus 301 

Daniel  W 146 

Folensbee 725 

Hiram    T 146 

Horace    301 

Huldah   301 

James   271 

John 271,  725 

Jonathan    146 

Jonathan,  Jr 146 

Joseph 271 

Levi  Austin 725 

Loranzo    301 

Lucy    301 

Margary 301 

Moses 271 

Priscilla    146 

Rebecca 146 

Robert 301 

Susan 271,  530 

Susannah 725 

Hoit,  Daniel 1,  63,  345,  381 

477,  578, 704, 706, 739, 740 

Enos 343,344 

Ezekiel   65 

Hanson 478 

Joshua    604 

Thomas 65 

Holbrook,    Francis 481,  580,  708 

John     310-312 

Marcus   399 

Holden,  J.  P 219 

Holderness   1,  6,  63 

68, 173, 244, 260, 326, 327 
337,386,482,536,581,709 
880, 881, 887, 928, 941, 942 


INDEX 


985 


Hollis   4,  66,  172,  258,  271,  336 

384, 401, 480, 579, 707, 886, 926 

Holmes,  David 208 

John 705 

Nathaniel 345 

Holt,  Frye 60,  61 

Holyoke,  John  Edward  Hopkins  648 
Mary  Barns  Hopkins 648 

Hooksett 63,  141-143,  172,  196 

197,221,258,335,384,480 
579,  707,  880,  887,  897, 925 

Hooper,  John 713 

Hopkins,  John  Edward  Holyoke  648 
Mary  Barns  Holyoke 648 

Hopkinton 4,  66 

169, 172, 221, 222, 258, 287 
335,367,38i,384,477,48o 
576, 579, 589, 603, 624, 704 
707,  797,  880, 889, 897, 925 

Home,  Albert  W 725 

Nathaniel 725 

Hosford,  Isaac 510 

Hough,  David 174 

David,  Jr 774 

George 913,  934,  935 

Howard,   Abiel 708 

William    238 

Howe,  Adonijah 5 

James   20 

Hoyt,  Joseph 2 

Merrill  W 6 

Thomas    3 

Hubbard,  Henry 19,  20,  172,  195 

225,259,381,385,477,481 
576,  580,  713,  801,  802, 805 

Isaac   5,93 

J  ohn 349 

Oliver   176 

Huckins,  Joseph 817,  818 

Hudson.     See  Nottingham  West. 

Hull,  George 343 

Hunking,    Benjamin 16 

Hunt,  Eliphalet 830 

Israel,  Jr 235,  236,  707 

John    486 

Roswell 226 

Huntington,  Ziba 1,  63 

Huntley,   Elisha 385,  481 

Hurd,  Isaac 501 

Nathaniel   H 410 

Robert   L 399 

William   410,  623 

Huse,  Isaac 4,  480 

Samuel   498 

Hutchins,  Abel 432 

Samuel   394 

Hutchinson,   Henry 12 

Ingalls,  Ebenezer  F 480 

Eleazer  F 579 

Frederick    6,  68,  174 

Henry  T 384,480 

Jesse   499 

Josiah   402 

Ingersoll,  George  H 801,802 


Ireland,  Jonathan,  Jr 274 

Isaacs,  Henry 76,  77,  325,  814,  817 

Isinglass   river 606 

Island  pond 163,  516 

Israel's  river 806 

Jackson.     See  Adams. 

Jackson,  Ebenezer,  Jr 259 

Eleazer 5,385 

Eleazer,   Jr 67,  172 

Levi 5 

Patrick  T 605 

Jaffrey 5,  67,  173,  199,  242 

259, 336, 385,  477,  481,  496 
576, 580, 708, 880,  887,  926 

James,  George 604 

Janvrin,  George 64 

Jefferson   6,  68,  174,  252 

261,291,338,386,483,582 
700,  710,  764,  834,  888, 929 

Jencks,  Oliver. 709 

Jenness,  Benjamin 705 

Benning  W 706 

John    579 

John  S 64,  170,256 

Jonathan 604 

Richard 6,  68,  709 

Simon,  Jr 577,  705 

Jewell,  Levi 705 

Jewett,  Aaron 147 

Aaron,  Jr 655 

Benjamin 349 

Calvin 16 

Gilman 80,  81 

Ralph  W 66,172 

John's  river 772 

Johnson,  Betsy 271 

Caleb 414 

Daniel 271,  581 

George    584 

George  Washington 463 

James    271 

John 62,  271,  604 

Joseph 271 

Moses 271 

Stephen   381,  451,  477 

Susan 271 

Johnson's  rocks 550 

Johnston,   David 87 

Jones,  Ezra 93 

Jeremiah 578,  706 

John   67,  1 73,  482 

Joseph    384,  480,  579 

Levi    19,65,171,257 

Nehemiah     4 

Samuel 4,  66,  171,  258 

William 19 

Joy,    James 490 

Kaime,  John    382,  478 

Keene 1,  5,  20,  67 

76,92,  169,  173,241,255 
259, 336,  355, 385, 420, 481 
484, 486, 513,  580, 650,  708 
802,812,887,926,931,932 


986 


INDEX 


Keith,  Caleb 6,68 

174, 260, 304, 381,  470,  473 
477, 576,  655,  656,  688,  704 

Kelly,   Abner   B 258,  579,  707 

John    478,577 

John    M 20 

Michael  B 20 

Moses    89 

Samuel   20 

Simeon    285 

William  B 20,  21 

Kelsea,    Hugh 171,257 

Kendall,  Samuel 511 

Timothy   397 

Kendrick,   Benjamin 139 

Stephen   503,  774 

Kennard,   Samuel 511 

Kennett,  John,  Jr 625 

Kenison,  Adam 648 

Jeremiah    412,  413 

Mark 648 

William   Neal 648 

Keniston,   Benjamin 482,  581 

Stephen    271 

Kenrick,  Timothy 12,  13,  581 

709, 774, 777 

Kensington   1,  2,  64,  85,  256,  333 

382, 478, 577, 705, 886, 924 

Kent,    913 

George    373,  706 

John     577,705 

William  A 432,  437 

Keyes,  Amos 481,  580 

Kidder,    Ezra 5,  385,  580 

Kilkenny  ..  .252,261,291,  338,386,483 
582,  700,  710,  834,  888, 929 

Kimball,   Abel 499 

Asa    624 

Benjamin    403 

Caleb   510 

David    737 

Edmund    513 

Isaac    507,  508 

John   2,  63,  169,  255 

479, 578, 723, 724 

Jonathan    6 

Nathaniel   417 

Richard    629,  774,  805 

Robert    173,  259,  774 

Samuel    .  .  190,  258,  274,  479,  578,  706 

Samuel  A 929 

William    737 

King,  Rufus  Home 648 

Seth 151 

King  Philip's  Grant 380 

Kingston     2,  64,  256,  333 

382, 705, 886, 924 

Kittredge,    Jacob 190 

Josiah    42,  737 

Thomas    W 190,  219 

Kneeland,    John 66,  385 

Knight,    Hatevil 623,  624 

James   170 

Prentiss    329 


Knight,   William 503 

Knowles,    Morris 604 

Knowlton,    Ebenezer 2,  64,  170 

258, 384, 480 
Nathaniel    4,  258,  384 

579, 589, 707 

Knox,    Daniel 737 

Nathaniel   709 

Thomas    737 

Ladd,   Alexander 43,  69,  206,  208 

577,688,701,705,762 

Dudley   65,  298,  300,  345,  348 

Henry   43,  206 

James   14 

Jonathan    345 

William    718 

LaFayette,    Gen 379,  473-475 

Lambert,  Nathaniel.  .  .  .6,  68,  174,  260 

386,482,581,709 

Lamper,    James 50 

Mary    Ann 50 

Lamprey  river  village 634 

Lancaster    6,  68,  1 74 

198,199,277,291,301,338 
355,371,386,477,483,576 
582,  601,  602, 704, 710, 752 
783,834,888,929,931,932 

Lancaster,  Jonathan 604 

Landaff    1,  6,  68,  174,  260,  337 

386,482,581,709,888,928 

Lane,   Charles 87 

Ebenezer    930 

Ezekiel    648 

Isaiah    295,  648,  649 

John    256,  381,  477,  576,  704 

John,   Jr 169 

John,   3d 725 

John  S 725 

Joshua     2,  577,  705 

Levi  478,577 

Simon   37 

Lang,  Edward  J 168 

George    706 

Langdon    5, 67,  173,  259,  336,  385 

481, 580, 649, 708, 887, 927 

Langdon,  John 2 

Larkin,    Samuel 14,  246 

Lary,  Daniel 65,  171 

Joseph   749 

Lathrop,  George  H 774 

Law,  James 384,  480 

Lawrence,  Artemas 199,  200 

Ebenezer 315 

Jotham   408 

Samuel    382,  478 

Leach,    John 432 

Leathers,   Edward 146 

Elis   462 

Eliza    A 725 

James    146 

Lydia    146 

Mark   146 

Nathan    146 


INDEX 


987 


Leathers,  Paul 146 

Sally  146 

Sally,    2d 146 

Samuel   49 

Leavitt,    Ansel 30 1 

Ebenezer   382,  478 

Hannah 301 

James 65,315,316 

Nathaniel   301 

Orpha   301 

Ralph  Erastus 301 

Shared    301 

Sophronia    301 

Thomas 256,  382 

Thomas,  Jr 562 

Lebanon    1,6,  63,  68,  174 

193, 194, 260, 328, 337,  381 
386,403,404,482,581,709 
774,777,881,887,928,932 

Lee   3,  65,  171,  334,  383 

479, 578, 706, 747, 888, 924 

Leighton,  Andrew 171 

Edward     786 

Jacob 171,  257 

Mark 45 

Samuel   49 

Lempster 5,  67,  173,  259,  301,  336 

385, 481, 580, 649, 708, 888, 927 

Leonard,    John 737 

Levi  W 279,  280 

Lerned,  Ebenezer 276,  277,  603 

Leverett,    Benjamin 740 

Lewis,    David 25 

John 587 

Rufus  G 941 

William -259,  580,  708 

Libbey,  David  T 271 

Lincoln   68,  174,  209,  210,  260 

337, 482, 709, 887, 888, 928 

Lindsay,  Thomas,  Jr 659 

Lisbon    (Concord) 6,  67,  173 

260, 268, 337,  386, 482 
502,581,709,888,928 

Liscomb,  John  A 193,  194 

Litchfield    4,  66,  86 

172, 258, 336, 384, 429, 430 
480,511,579,707,886,926 

Little,  Ebenezer,  Jr 709,  941 

John 147 

Joseph 381 

Simeon  B 761 

Walter,  Jr 220 

Little's  corner,  Sandwich 349 

Little's  falls 50 

Little  Pequawket  river 727 

Littleton    6,  68,  174,  260,  337 

386,482,581,709,888,928 

Livermore,    Arthur 1,  63,  326,  688 

Edward  St.  Loe 326 

Livy,  David  T 271 

Locke,  John 170,  256,  382,  577,  705 

Jonathan 190,  412, 413 

Joseph,  4th 382,  463 

Joseph   L 478 

Joseph  Leavitt 463 


Lombard,    Lyman 16 

Londonderry    2,  64 

170,  183-185,201,256,318 
333,382,463,478,516,532 
573,  577,  627,  628,  700,  702 
705,  711,  781,880,887,924 

Long,    George 322,  688 

Long  pond 163 

Loomis,    Lewis 68,  174,  292 

Lord,   Augustus 396 

James 257,  383,  479,  578 

Jotham    .  .  .• 260,  704 

Jotham,  Jr 1,63,477,  576 

Nathaniel   19 

Samuel     69,  363,  367,  762 

Loudon 2,64,  170,221,  258, 

335,384,425,426,480,579 

707. 739. 880. 888. 897. 925 

Lovejoy,  William 750,  783 

Loveland,  Israel,  3d 146 

Israel  Belding 146 

Lovell,  Vryling 195,  225,  708 

Warren 706 

Lovering,  Jeremiah 710 

Lovewell,  Moody  D 235,236,707 

Low,  Joseph 360,  447,  450 

Levi 288 

Lucy,  Alexander 584 

Lund,   John 23^,  236 

Lunenburg,  Vt 773 

Lyford,  Stephen  C.  .298,  345,  620, 621 

Lyman   6,  49,  68,  174,  338,  386 

482,581,709,822,888,928 
Lyman,  Elias 774,  805 

Eliphalet    16 

Lyme    6,  68,  174,  260,  337 

386, 482, 581, 709, 887, 928 
Lyndeborough    ...  .4,  66,  172,  258,  336 

384. 480. 579. 707. 887. 926 
Lyons,  Jerre 399 

Mack,  Robert 170,  256,  382 

Madbury    3,  65,  171,  257,  334 

383, 479, 578, 706, 888, 924 

Madison,  Luther  K 174 

Mahurin,  Ephraim  H 261,  281 

292,386,730,761,76a 

Manchester    .  .  .4,  66,  142,  172,  258,  336 

384, 480, 579, 707, 887, 926 

Mann,  Daniel 737 

Mansfield,  Isaac 203 

Mansur,    Elijah 139,  934 

March,  John.  . .  .206,  257,  383,  625,  706 

Jonas   C 578 

Joseph  W 369,  370 

Nathaniel  B 206,  246,  ^77,  705 

Mark  island 493 

Marlborough  .  .5,  67,  173,  259,  336,  385 
481, 580, 708, 797,  887,  926 

Marlow    5,  67,  173,  259,  336,  385 

481, 580, 708, 880, 888, 926 

Marsh,  Cutting 510 

Marshall,  Joshua 6,  387 

Samuel   577 

Marston,    Elisha 428 


988 


INDEX 


Marston,  George  F 383,  479 

Martin,   Aaron 92,  345 

John  L 790 

Martin  meadow  pond 752 

Mason   4,  66,  76 

151,258,336,384,480,488 
507,  579, S83,  707, 887, 926 

Mason,  Cyrus 46 

David   B 20 

George  M 396 

Jeremiah 2,  178,  206,  256 

Mathes,  Benjamin,  Jr 3,  65,  634 

Robert • 171,  634 

Matson,  Aaron 580 

Francis    173,259,385,481,708 

Maynesborough   (Berlin)  .  . .  .338,  700 

710,929 

McClintock,    John 207 

McDole,  Thomas 16 

McDuffee,  Drusilla 301 

Isaac 301 

Isaac  W 301 

John 304,  687,  688,  696 

John,  Jr 623 

Sally  301 

Samuel   417 

McFarley,  Benjamin 258 

McFarland  913 

McGaffey  (McGaffrey),  Neal 65 

257,383,479,578 

McGregore,   Robert 142 

McKeen,    William 258,  384 

480, 579,  707 

McMillan,    Gilbert. 790 

McNabb,  John,  2d 16 

McNeil,  John,  Jr 51 

Mead,    Levi •.  .   604 

Means,  David  McGregor 208 

Robert,  Jr 148,  151 

Melcher,   Sylvester 454 

Melville,    Henry 5,  67,  428 

Jonas  M 199 

Memphremagog  lake,  Vt 696 

Meredith 3,  65, 171 

257,334,348,383,479,5n 
512,578,706,744,888,924 

Meredith    Bridge 348 

Merrill,  Abel 386 

Benjamin    414 

Dorcas 573,574 

Enoch   382 

Isaac 790 

Joseph 260 

Moses 244,  941,  942 

Parker    478 

Silas    138 

Thomas  D 579 

W.  B 936 

Merrimack    ...  .4,  66,  172,  208,  240,  258 

336, 384, 398, 429, 430, 480 

530, 579, 707, 782, 886, 926 

Merrimack  river.  . .  .  142,  230,  231,  234 

296, 308, 411, 430, 514, 519, 574 

575, 585, 682, 697, 784, 785, 881 


Meserve,  Ezra  H 830 

George  P 584 

Stephen 6,  68,  174 

261,386,581,710 

Messer's  pond 575 

Metcalf ,    Alfred 705 

Horace 629 

Kendrick 653 

Obed 67 

Middlesex  canal,  Mass 231 

Middleton    3,65,  171,257 

334, 478, 574,  706,  888,  925 

Milan    (Paulsbourg) 321 

338,  387,  483,  582,  710, 929 

Milford 1,4,  63,  66,  169,  172 

255,258,336,384,477,480 
.  576,  579,  704, 707, 886, 926 

Millar,  Benjamin 44 

Millen,   Daniel 383,  479,  578,  706 

Miller,  Elijah 68,  173,  482,  581 

Mary  Ann 530 

Miller's  falls,  Mass 548,  550 

Millsfield 338,  379,  387 

483,582,710,929 

Miltimore,  John  H 64,  577 

Milton 3,65,80,81,84,  171,257 

334, 383, 479, 578, 706, 889,  925 

Minehead,   Vt 281 

Minot,  James 236,  482,  576 

Monroe,  James 476 

Montgomery,    Thomas 936 

Mont  Vernon.  . .  .66,  172,  253,  258,  336 
384, 480, 579, 707, 886, 926 

Moody,   Joseph 706 

Mooney,  John 257 

John,  Jr 382 

Washington   20,  706 

Moore,  Daniel 737 

Daniel  M 737 

Franklin 707 

Hannah     725 

Henry  E 746,913 

Humphrey    148,  151 

Jacob  B 178,  447,  706 

746,748,913,934 

Jeremiah 725 

John 726 

Jonathan    499 

Joseph   581 

Martha    725 

Silas 725 

William .64,  171,  258 

William,  Jr 429 

Morey,  Harvey 19 

Samuel 68 

Morgan,  Charles 633,  828,  829 

Jeremiah 737 

John  T 633 

Samuel    237 

Morril(l) ,  Abraham 4,  66 

Barnard 257,  383,  479,  578 

Benjamin    635 

David  L 169,  255,  381,  477 

Ezekiel    169,  255 


INDEX 


989 


Morril(l),    Joseph 158 

Samuel     64,360,447,704 

Morriss,  Royal 238 

Morrison,  Bradbury,  Jr 279 

Jeremiah 382,  478 

William 494 

Morse,  Caleb 709 

Ebenezer 182 

Gideon 432 

John,  2d 46 

Joseph 288 

Timothy 4 

Wareham    774 

Moses,  Theodore 91,  92,  723 

Moulton,  David 463 

David  Virgin 463 

John 386,  482 

John  H 322,688 

Jonathan  S 382,  577 

Jonathan  T 706 

Thomas  W 219 

Moultonborough 3,  65,  171,255 

278,  334,  38i,  383,  477, 479 
530,  578,  706,  887, 925, 932 

Mountain  brook 25 

Mudge,  John  G 403 

Murray,  Samuel 482 

Mussey,  Reuben  D 378 

Nash  and  Sawyer's  Location  174,252 
261,  338,  386,  483,  582,  700 
710,  748,  834,  880,  888, 929 

Nashua.     See  Dunstable. 

Nashua   river 188,  234,  308 

309,392,519 

village 518 

Nason,  Benjamin 512 

Neal(e),  James 709 

Robert    407,  701 

William 319,  320 

Neally,  Edward  B 3,  65,  479 

578,  747, 748 

Joseph 2,  64 

Neele,  Joseph 49 

Nelson 5,  67, 156 

173,259,336,385,428,481 
496,  580,  708,  880,  887, 927 

Nelson,  Robert,  Jr 49 

Robert  Gray 49 

Nesmith,  John 3 

Nevins,  John,  Jr 482,  581 

New  Boston 4,  66,  172,  259,  336 

384,  480,  579, 707, 887, 926 
Newbury.    See  Fishersfield. 

Newbury,  Vt 548 

Newburyport 61 

Newcastle   2,  9,  64,  159,  256 

333,  382, 478, 705,  888, 924 

New  Chester  (Hill) 6,  68,  146 

174, 260, 338, 339,  340, 386 

482,  581,  709, 785,  888, 928 

New  Durham. .  .3,  15,  65,  171,  257,  334 

383,  479,  578, 648, 706, 888, 925 

Newell,  Betsey 241 


Newell,  Charles  Dennet 241 

Cyrus  Leonard 241 

Gad   156 

Hannah   S 241 

Joseph 259,  385 

Mary 24 1 

Mary    Frances 241 

Millet    Jones 241 

Moses    Dennet 241 

Olive    241 

Polly   241 

Samuel     241,581,583,584,709 

William  H 241 

New  Hampton.  .  .3,  20,  21,  65,  166,  171 
257,334,383,479,508,578 
706,888,912,913,925,941 

New  Haven,  Conn 812 

Newington     2,  44,  64,  170,  256,  333 

382, 478, 577, 705, 888, 924 

New  Ipswich 4,  66,  83,  172,  259 

267,325,336,384,390,391 
480,579,707,816,887,926 

New   London 4,  66,  172,  221 

258, 335, 367, 384,  480,  575 
579,707,881,888,897,925 

Newmarket  . .  .2,  64,  170,  176,  177,  256 
333,381,382,391,477,478 
577,  634, 705, 879, 886, 924 

Newport   5,  67,  96 

173,259,336,481,580,649 
650,709,888,927,931,932 

Newton    2,  64,  170,  256 

333, 478, 577, 705,  887,  924 

Nichols,    Joseph ...  .481,  580 

Timothy   148 

Noble,   Sias 747 

Norris,  Moses,  Jr 653 

Nathaniel    20,  21 

Nicholas  G 349 

Northfield   2,  56,  64,  170 

204,221,237,258,335,343 
344, 384, 480, 505, 579, 707 
784-786,  880,  888,  897,  925 

North  Hampton..  .  .2,  64,  170,  256,  334 

382,478,577,705,886,924 
Mass 541,812 

North  mill  pond 44 

pond    163 

Northumberland 6,  68 

174,322,338,387,483,574 
582,710,834,888,929,932 

North  wood   2,  64 

170,256,334,382,478,577 
604, 705, 879, 880, 887, 924 

Nottingham 64,  170,  256,  334,  382 

478, 577, 705, 879, 887, 924 

Nottingham  West  (Hudson)..  .  .4,  66 

172,  259, 336,  384, 414,  415,  480 

5i8,  519,  579, 707, 880,  886, 926 

Noyes,   Joseph 138,  737 

Parker 134,  786 

Paul 134 

Peter 737 

Nudd,  David 315,  316 


99Q 


INDEX 


Nute,   Betsey 241 

Charles    Dennet 241 

Cyrus  Leonard 241 

Hannah  S 241 

Mary    241 

Mary    Frances 241 

Millet    Jones 241 

Moses  Dennet 241 

Olive   241 

Polly   241 

Samuel    : 241 

Thomas 3 

William    H 241 

Nye,    Jonathan 75,  88,  385,  576 


Oakes,  Simon 6,  67 

Odell,  Jacob 

Richard    1 ,  63 

Thomas  F 

Odell's  falls 

Odiorne,  John  B.  H.  190,219,322 
Odlin,  James 

John    

William,    Jr 

Olcott,  George 

Mills 6,260,  386 

Oliver,   Daniel 378,  581 

Oliverian    brook 

valley    

Orange    6,  217 

338,  482,  709, 888, 928 

Orford    6,  68,  174,  238,  260 

386,482,548,581,709,887 
Orne,  Albert  W 

Augustine   Woodbridge. . . . 

Henrv    H 

Isaiah   G 383 

Thederick   T 

Osgood,  Benjamin 

Christopher   

Kendall   

Ossipee   3,65,171,257,334 

479,  578, 706, 725,  888, 925 

Ossipee  river 

Otis,  Cyrus  B 

Cyrus  Bradford 

Job    65,  171 

Luke   

Robert    Howe 

Simon    747 

Timothv  Bradford 


,173 

343 
,702 

52 

53 

,688 

9i 
432 

9i 

226 

,538 

,709 

699 

574 
,  260 

,944 

,338 

,928 

725 

725 

345 

,479 

56 

52 

737 

2Q4 

,383 

,932 

566 

759 
530 

,706 
530 
530 

,748 
530 


Page,    Andrew 2,  64 

David    624 

David  C 607 

Enoch,  Jr 655 

John   619,  620,  655,  699 

John  M 3 

Lewis    562 

Samuel   718 

Thomas 6,386 

William  G 619 

Paine,  John 49 

Palmer,  Barnabas  H 190,  322,  688 

Calvin    822 


Palmer,  Dudley  S.  .  .381,  477,  576,  704 

William    , iqo,  764 

Parker,  Asa 477,  576 

Charles    171,257,383 

David 19,  20 

Edmund 4,  65,  255,  258,  384 

Edward    L 184-186 

James   238 

James,  Jr 238 

Joel    259,385,481 

Jonathan   64,  170,  256 

Nahum    704,  750 

Nathan    206,  369 

William    271 

Parkhurst,  Phineas 774 

Timothy 368 

Parks,    Elisha 5,  66 

Parmenter,  Amos.  . .  .65,  171,  258,  384 
Parrott,  Enoch  G.  .  .  .69,  187,  206,  208 

Parsons,  Hezekiah 482,  581 

John   W 477,  576,  704 

William   412,  413 

Patch,  Jacob 482,  709 

Patrick,   William 499 

Pattee,   John 4,  172,  255 

Patterson,  Robert 64,  463 

Robert  Mark 463 

Paul,  Moses 219,  492,  605,  606 

Paulsbourg    (Milan) 321 

338,387,483,582,710,929 

Payson,  Moses  P 581 

Peabody,  Augustus 514 

Kendall    0 134,681 

Oliver  W.  B 170,  256,  369 

382, 478, 577, 705 

Stephen   384,  579 

Peabody's   Grant,  Mass 749 

Pearson,  Jonathan 171,  257,  479 

Joseph   W 482,  581 

Samuel  A 198,  783 

Peary,  Joseph  L 479 

Peaslee,  Daniel 64 

Elijah    66,  171,  479 

Moses  F 285,  287 

Peavey,  John ...  170,  257,  382,  478,  705 

Joseph    L 578,  706 

Samuel   P 787 

Pecker,  Jeremiah 578,  701 

Peeling    (Woodstock)..  .6,68,  174,241 
260,  338,  482,-583,  584,  709,  887,  928 

Peirce,    Andrew 171,  257,  381,  477 

492, 576, 688, 704 

Isaac   103 

Joshua    W 168,688 

See   also    Pierce. 

Pelham    1,  2,  64,  163 

170, 256, 301, 336,  384,  480 
579, 707, 880,  882,  887,  926 

Pembroke    2,  42,  50,  64,  170 

221, 258, 287, 335,  384,  480 
579, 707, 737,  887, 897,  925 

Pemigewasset  branch 340 

river   50,  305,  535,  682 

690,  785,880,  881,941 
Pendexter,  Edward 343 


INDEX 


991 


Pendexter,  John,  Jr 60,  291,  482 

Penhallow,    Benjamin 322,  688 

Hunking    ...  1,  63,  169,  206,  255,  478 

Susan   Pierse 146 

Susan    Stevens 146 

Penny,  Betsy 463 

Elbridge   Gerry 463 

Francis    463 

Irenea  Jane 463 

Thomas 463 

Thomas,  Jr 463 

Perkins,  Abraham 345 

David    507 

Eri    190,  322,  578,  688,  706 

John    60 

Matthew  383 

Nathaniel    380 

Robinson    402 

Thomas    3,65,171,257 

Perley,   Stephen 345 

Perry,  William 408,  409,  588 

Peterborough   4,  50,  66,  172 

181,259,275,336,384,480 
496,  504,  579, 707, 887, 926 

Peverly,    Thomas 582 

Thomas,  Jr. 710 

Phelps,  George  M 238 

Philbrick,   Edward 745,  914,  934 

John 507,  804 

Jonathan 64 

Josiah,    3d 725 

Josiah  C 725 

Phipps,  Elbridge  Gerry 648 

Joseph 648 

Joseph,  Jr 648 

Lucy    648 

Pickering,  John  K 322,  688 

Joshua     170,  256 

Richard 44 

Stephen    369,4/8,577 

William    1,63,  169,255 

„TM1.  369,  38i,447,  450,477,  5/6 
William  L 396 

Pierce,  Andrew 169,  178,  219,  255 

Benjamin    51,374,576 

Eri 403 

Evi 166,708 

Ezekiel    P 580 

Joshua    W 322 

See  also  Peirce. 

Piercy   (Stark) 322,  338,  387 

582,710,834,888,929 

Piermont 6,  68,  165,  174 

260,305,338,386,417,482 
581,709,887,907,908,928 

Pike,   Robert 137 

Thomas   67,  260,  385 

Pillsbury,   David ,  .653,  654 

Jacob   R 706 

John    300,788 

Samuel    2,64,705 

Stephen   581,709 

Pinkham,  Benjamin  W 15 

Daniel    60,  291,  292,  700 

Joseph  T 60 


Pinkham,   Thomas 583 

Piper,    Cyrus 395 

Ebenezer   S 220 

George   190,  492 

John,   Jr 171,257,383 

Jonathan   92,  604,  605 

Noah    382,478,577 

William    278 

Piscataqua   bridge 44 

river   9,  3 19,  322-324,  405 

426, 537, 574, 676, 687, 879 

Piscataquog    river 40 

village 296 

Pitman,  Benjamin   H 394 

Ebenezer     3,  65 

William 830 

Pittsfield    2,  64,  170,  221,  258 

335,384,480,490,491,579 
707,  879,  880,  887, 897, 925 

Plainfield    5,  67 

173,259,337,385,481,580 
649,709,777,881,887,927 

Plaistow  2,  63,  169,  256,  285,  287 

334,381,477,576,704,887,924 

Plastridge,  Caleb 193 

Pleasant  pond 25 

Plumer,  Joshua  C 158 

Nathan,  Jr 262,  263 

Parker 279 

Thomas   3,  65 

William    478 

William,    Jr.  .  178,  253,  377,  576,  704 

Plymouth 6,  68,  174,  260 

305,  326,  327,  338, 355, 386, 473 
482,  536, 538, 574,  581, 687, 690 
709, 798, 887, 928, 931, 932, 942 

Pond,  Mayo 633 

Pool,   James 12,  68,  169,  482,  704 

Poor,  Moses 586 

Samuel    142 

Poplin    (Fremont)  . .  .64,  170,  256,  334 
382, 478, 577, 705,  886,  924 

Porter,   David ' 310,  312 

Huntington    369 

John    573,577,700 

702,  705,  749, 778, 781, 943 

Matthew 328,  329 

Reuben     480,  579,  707 

Portsmouth   1,  2,  9,  14,  31,  43-45 

55,61,63,64,69,70 
74,82,  144,  146,  157,  169 
170, 177, 180, 187, 206,  207 
212-216, 229, 230, 246, 255 
256,  265-267,  302,  318, 320 
324,334,350,351,355,366 

367,381,382,394,396,407 
457,477,478,485,491,498 
500,564,577,589,594,641 
648, 665, 689, 701, 704, 705 
713,  725,  762,  763,  770,  797 
886,895,896,924,930,931 

Portsmouth  harbor 41 

Pottle,   Samuel 220 

Powers,    Abijah 5,  172 

Grant 619 


992 


INDEX 


Pratt,  Dexter 271 

George   Dexter 271 

Leonard    2,  737 

Prescott,   Asa 339 

Horatio   G 345 

Joseph    173,  260,  385,  709 

Oliver 67,  173,  259,  385,  481 

Robert 2,  64 

William 383,388,576 

William  P 64 

Preston,  John 151 

Price,  Ebenezer 761,  936 

Prichard,  Asa 83 

George  W 417 

Moses    76 

Priest,  Nathan 2,  9, 10 

Proctor,  William 138 

Pulpit  stream 411 

Purin  (g) ton,  Jacob 507 

James  Squires 725 

Pushee,  Abram 237 

Putnam,  Eliphalet 368 

Israel    W 206,  707 

Job 481 

John  L 580 

Putney,   Vt 548 

Quamphegan  falls 512 

Quarles,  Samuel 750 

Quebec    699 

Quimby,  John 5,  67,  259,  385,709 

Johnson  D 3,  65,  706 

William    260,  798 

Quincy,  Josiah 326,  386,  470,  473 

Rand,  Eliza  A 725 

Robert 225,  228 

Randall,  Thomas 242 

Randolph   (Durand) 174 

252,  261,  288,  291, 292, 338, 386 
483,  582,  700, 710, 834, 888, 929 

Rankin,  Andrew 272 

David    709 

Ranlet,  Trew  0 828 

Rawlings,  Paul 64 

Rawson,  Jonathan 580,  708 

Ray,  John 296 

Raymond    3,64,170,256,334 

382, 478, 577, 705,  887,  924 

Reddington,   Isaac 182 

Redfield,   Charles 778 

Reed  ( Read) ,  Daniel 390 

Michael  283 

Nathan    D 484 

Robert    139,  148,  480,  579,  707 

Ruf us  O 496,  497 

William 148 

William,  Jr 86 

Rice,  Jacob 707 

John 713 

Robert   43,  229 

Rich,    Benjamin 740 

Ezekiel    481 

Richards,  Eliphalet,  Jr 707 

Ichabod 659 


Richards,  Josiah 451,  580,  708 

Samuel   M 480 

Richardson,   Charles 139 

Hezekiah    4 

James    492 

John  B 653,  654 

Jonas     798 

Joseph 46 

Josiah 707 

Luther    68,  478 

Luther  M 257 

Orlo 708 

Phineaa 497 

Samuel    M 1,  579 

Thomas  P 5 

William    M .  .  .  573,  700,  702,  749,  943 

Richmond    5,  67,  173,  259,  337 

385,481,580,708,886,927 

Ricker,   Charles 80 

Daniel 272 

Daniel  Wentworth 272 

Riddle,  Isaac 139,  240,  429 

James   398 

William  384,  480 

William  P 139,  240,  296 

Rindge   5,  67,  173,  259,  337,  385 

481, 580, 708, 880, 887,  927 

Ripley,  George 5 

James  W 625 

Philip    403 

Rix,  Ebenezer 67,  386,  581 

Nathaniel 581 

Nathaniel,  Jr. .  .6,  174,  260,  386,  482 

Robbins,  Edward  H.,  Jr 605 

Josiah 156 

Roberts,  Adam 648 

George,  3d 272 

George  Washington 272 

John,  Jr 19,  623 

John,  4th 463 

John  Garland 463 

Mark 648 

Tobias  65,  257,  383 

William    Neal 648 

Robinson,   Daniel 580,  708 

Josiah   705 

Noah 4 

Olney 298 

Otis 497 

Preserved 391 

Thomas 199 

William 737 

Robinson  pond 272 

Rochester   3,  19,  65,  84 

146,  i7i,257,30i,334,355 

383,410,479,508,578,623 

624,706,889,925,931,932 

Rockwood,  William  Emerson,  2d  725 

Rocky  branch 378 

Rogers,    Artemas 66, 172,  480 

John    158,  174,  238,  260,  386 

408, 409, 432, 470,  482,  501,  581 
588,  589,  593,  594, 723,  724,  798 

Nathaniel   Peabody 326 

Robert 322,  382,  439,  442,  688 


INDEX 


993 


Rollins,  Elisha 659 

Ichabod 187 

Paul 2 

Samuel,  Jr 251 

William  W 383,  479,  578,  706 

Ross,    Samuel 494 

Rowe,  Enoch 220 

Solomon   59 

Rowell,  Samuel 505 

Rowland,  William  F 501 

Roxbury 5,  67,  173,  259 

337,  385, 580, 708, 887, 927 

Rumney   6,  68,  174,  260,  294,  338 

386, 482, 58 1 , 709, 887, 928 

Rundlet,   Charles 747 

James    81,  82,  206 

John    604 

Russell,  David  M 688,  709,  798 

Josiah    66,  258,  384 

Moor    174,  260,  470 

Richard    65,  171,  257,  322,  688 

Uriah  B 1 74 

Rust,  Henry,  3d 146 

Henry  B 706 

Henry  Bloomfield 146 

Ryan,  Samuel 66 

Rye    3,64,170 

256, 334, 382, 463, 477,  478 
576, 577, 704, 705,  888,  924 

Ryegate,    Vt 548 

Sabin,  John 451 

Silas  H 75 

Saco  river 53,  74,  272,  566,  727 

Salem   3,  64,  170,  256,  334,  382 

478, 505, 577,  705, 880, 887, 924 

Salisbury 4,  66,  172,  221,  258 

271,  287,  335, 367,  480,  575,  579 
682, 707,  784-786,  887,  897,  925 

Salisbury  village 134 

Salmon  brook 519 

falls  river 81,  512,  714. 

Salter,  Titus 206,  713 

Sanborn,    Benaiah 499 

Benning  W 577 

Dearborn 681,  682,  786 

Jacob  388 

John  S 339 

John  T 655 

Stevens  3 

Sanbornton 3,  37,  65 

169,  171,242,255,257,279 
334, 340, 383, 463, 479, 499 
504,  505,  578, 682, 706,  725 
784-786,  888,  925,  930,  932 

Sanbornton  bay 298,  299,  697 

Sandown   .-.2,64,  170,256,334 

382, 478, 577, 705, 887, 924 

Sandwich    1,3,63,65 

257,301,334,349,383,428 
429, 477, 479, 578, 607, 608 
704, 706, 880, 887, 925, 932 

Sargent,  Andrew 66,  172 

258, 384, 579 
Jonathan  A 220 

63 


Sargent,  Sterling 169 

William    587 

Sartwell,  Roswell 581,  709,  774 

Sawtell,  Isaac 238,  239 

Sawyer,  Aaron  F 579,  707 

Alvah    H 659 

Amos 576 

Asa    480,  579 

Elijah    385,481 

Hosea    190,  283 

Jeremiah 87 

Joseph    174,  417,  482,  581 

William 3,  659,  713 

William,  Jr 659 

Scates,  John 80 

School  meadow 550 

Scribner,   John 64,  170 

Seabrook    3,  64,  85,  170,  256,  334 

382,  507,  577,  705, 797, 886, 924 

Searl,  John 260 

Sears,   David 713 

Seavey,  Amos 3,  170,256 

Selden,  Samuel 260,  774,  777 

Sewall's   falls 682 

Seward,  John  M 315,  407,  562 

Joseph 5 

Josiah    67, 173,  259 

Shannon,  Nathaniel 345 

Thomas 706 

Shapley,  James 713 

•  Reuben   9, 10 

Sharon    58,  66,  172,  259,  336 

384,  480,  579, 708,  887, 926 

Shattuck,  Luther 492,  493 

Nathaniel,  Jr 238 

Shaw,  Abraham 302 

Tristram 2 

William 302 

Sheaf  e,  James 206,  322,  688 

Thomas 266,  267 

Shedd,  Henry 510 

Shelburne    . .  .6,  174,  252,  261,  338,  386 

483, 582, 700, 710, 764, 929 

Shelburne  Addition  (Gorham) . .  .174 

252, 261, 338,  386 
483,582,700,710,929 

Shelly,  Calvin 241 

Shepard,  John,  Jr 58r 

Joseph 244,  688 

Sherburne,  John 604 

John  N 44,  64,  170 

256,  322,  382,  490,  688,  705 

R.  H.  &  Co 914 

Sherwell,  Walter 386,  581 

Shirley,  Edward 211 

Sibley,  George  L 298,345,578 

Stephen 603 

Silsbee,  Nathaniel 176 

William 176 

Simonds,  Arad 404 

John 138,786 

Joseph 707 

Simpson,  John  K 360 

Six-mile  pond 242 

stream  canal 242 


994 


INDEX 


Skinner,    Elijah 607 

Slade,  Allen 484 

Samuel,  Jr 484 

Slader,  Jesse 590 

Slate,    Obed 5,  67, 172,  259,  708 

Sleeper,  David 25 

John    25 

Moses   W 6,  236 

Nathan 25 

Walter    '. .     67 

Small,  John 61 

Smith,  Amos 828 

Andrew    G 479,  578 

Benjamin   634 

Daniel    S 656 

Elisha,  Jr 279 

George  Washington 301 

Hezekiah 279 

Isaac    470,  482 

Jabez   4,  172,  258 

Jacob 37,  803 

James    3^5,477,774 

Jeremiah    ....178,258,275,384,707 

Joel   195 

John 67,  172,  623 

Jonathan 4,  66,  172,  259 

384,  480,  579,  707 

Joseph  ..  .175,  176,231,232,283,285 

322, 324, 405, 688, 689, 695 

Joseph,  Jr 504 

Joseph  H 634 

Josiah   . . . . : 301 

Josiah  C 91 

Josiah  G 91,  723 

Luther    271 

Mark 37 

Oliver   M 653 

Ralph    264 

Robert 203,  204,  343,  498,  681 

Rosetha 271 

Samuel,  Jr 279 

Samuel  G 496,  504 

Simon    165 

Stuart 279 

Sylvester    67,  259 

Washington 383,  479,  578,  706 

William 604,  605 

William,  Jr 64,  170,  178 

179,256,369,408 

William,  3d 241 

William  Batcheldor 241 

Society  Land 4,  66 

146,  172,259,336,367,384 

480,  567,  579,  708,  888,  926 

Somersworth 3,  65,  171, 175,  257 

272, 334, 383, 463,  479,  503 
512,578,706,714,886,925 

Souhegan  village 507 

South  Hadley  falls,  Mass. . .  .548,  550 

South  Hampton 3,  64,  85,  1 70,  256 

300,  334,  382,  478,  705,  886, 924 

Sparhawk,  George 396 

Samuel 1,  63,  169,  255,  750 

Sparling,  John  J 219 

Spaulding,  Andrew 16 


Spaulding,  Matthias 2®8 

Spofford,  Jesse 4,  66,  172 

Springfield    5,  67,  173,  259 

271,301,337,385,481,548 
580,  650,  709,  881, 888,  927 

Springfield,  Drusilla 301 

Isaac   301 

Isaac  W 301 

Sally 301 

Squam  falls 941 

ponds    305,  574,  687,  690,  695 

Squires,  James  Purington 725 

Stanly,    Solon 797 

Solon  Walter 797 

Stanyan,  Newel 295 

Stark.     See  Piercy. 

Stark,  Frederick  G 66,  172 

258, 298, 384 

Samuel   706 

Stavers,   William 187,  762 

Stearns,  Abner 303 

Eben    172,  248 

Ebenezer 259,  399 

Josiah    579,  707 

William 170 

Steel,  Andrew 492 

'David 579,  704 

John  H 180,  181,  275,  496,  504 

Richard 343 

Stephenson,  Reuben 783 

Stevens,  Boswell 64,  170,  258,  276 

384, 579, 707, 737 

Edmund 260,  386 

Enos    5,  66,  225 

Godfrey 75,  88,  759 

John    ...4,66,295,480,579,707,814 

Josiah  93, 96 

Mary  Ann 530 

True 295,  296 

Stevens'  ferry 822 

Stewart,  David 148 

Stewartstown 6,  174,  261,  338,  379 

387,  483,  582,  710, 834, 888, 929 

Stickney,   William 432 

Stiles,  David 384,  481,  580 

Joseph   817,  818 

Stimpson,  John  L 725 

Stinson,  Abner  B 478 

Abner  P 577 

John 4,  66,  383 

Stocker,  John 173 

Stoddard    5,  67,  173,  259,  337 

385,481,580,708,880,888 

Stone,  Asa  L 486 

Robert 1 76 

Storer,    Clement 322,  324,  426 

687, 688, 762 

Story,  Abraham  B 67 

Strafford    3,  65,  171,  257,  335,  383 

606,706,817,818,888,925 

Stratford 322,  338,  387 

483,  582,  710,  834,  888,  929 

Stratham 3,  64,  170,  255,  256,  334 

382, 478, 577, 705, 888,  924 
Streeter,  Sebastian 206 


INDEX 


995 


Strong,  Richard 395 

Success 338,  700,  710,  929 

Sugar  river 575,  629 

Sullivan   5,  &7,  173,  259,  337,  385 

481, 580, 648, 708, 887, 927 

Sullivan,  George 169,  255,  322 

381,477,576,688,704,750 

Richard 230,  513 

William 230,  513 

Sumner,  David  H 772,  773 

Frederic  A 19,  20,  225 

George  W 339 

Sunapee.     See  Wendell. 

Sunapee    lake 575 

Suncook 50 

Suncook  ponds 463 

Sunken   rocks 41 

Surry    5,  67,  173,  259,  271,  337 

385, 481, 572, 580, 708, 887, 927 

Sutton    1,  4,  63,  66,  169,  172,  221 

255, 258, 335, 367, 384, 480 
579, 707, 788, 888,  897,  925 

Swanzey 5,  49, 63,  67,  169,  173,  259 

337, 385,  481, 580, 708, 886, 927 

Swasey,  John  B 511,512,688 

Sweatt,  Peter 581 

Sylvester,  Henry  H 195 

Symonds,    Daniel 409 

Joseph   258,  384,  480 

Taber,  Jeremiah 380 

Taf t,  James 76,  507 

Nathan   173,  259 

Taggart,  Hugh  J 142 

Tamworth    3,  49,  65,  171,  257,  335 

383,  479, 578, 706,  887,  925 

Tapley,  John 492 

Tappan,  Charles •.  .   203 

John 93,  96 

Tarleton,  Amos 68,  174 

Tarlton's  ponds 305,  691 

Tash,  Thomas,  Jr 171,  257 

383, 479, 706 

Taylor,  Amos 5,  260 

Danforth 5,  67 

Joseph    505 

Miles 716,  717 

Nathan    499,  930 

Nicholas  M 383,  479,  578 

Oliver    505 

William 497 

Taylor's   falls 518 

Tebbets,  James 623 

Temple   4,  66,  172,  259,  336,  359 

384,  481, 580, 708, 887, 926, 932 

Tenney,  William 220 

Tetherly,  Samuel 259 

Thayer,  Andrew  E 503 

Nathan 4 

Thorn,  Christopher  S 778 

James 2,  170,  184,  185 

256,382,478,628,778,781 

Thomas,    Abram 5,  67,  173,494 

Ezra    259,385 

Thompson,  John 737 


Thompson,  Jonathan  R 653 

Joseph   C 706 

Samuel 44,  244,  709,  941,  942 

William    J 343 

Thompson's   island 493 

Thorndike,  Thomas  W 934 

Thorn  mountain 154 

Thornton    6,  68,  174,  260,  272,  338 

386,482,581,709,887,928 

Thornton,  James  B 579,  707 

Thornton  Gore 887 

Ticknor,  J  ohn 580,  709,  774 

Tillotson,  John  M 68 

Tilton,  Jeremiah 343 

John  P 56 

Joseph,  Jr 2,  64,  408,  501,  723 

Samuel 479,  578,  706 

Timothy 89,  237 

Timber  island 493 

Tirrill,  Gideon 483 

Tolman,  Stephen  P 92 

Tompkins,  Peleg  S 496,  497 

Toppan,  Edmund 64,  170,256 

315,316,478,562 

Torr,  I.  H 623 

John 146 

Torrey,    Samuel 605 

Towle,  Daniel 315 

Gardner    171,  383 

Henry    410,  411 

John 322,  511,  688 

Oliver   91 

Towns,  Daniel.  Jr 513 

Townsend,  David 46 

John 480,  707 

Trickey,  Ebenezer  D 508 

Joseph 584 

Joshua    584 

Triggs,  William,  Jr 748,  749 

Tripp,  Richard 64,  170 

Troy 5,67,173 

259, 337, 385, 397, 402,  403 
416,481,580,708,887,927 

True,  Reuben 385,  481,  774 

Trull,  Samuel .  579,  707 

Trundy,  Meshech  B 454 

Tubbs,    Russell 4,  66,  171 

Tucker,  Alanson 184-186,  577 

705, 778,  781 

Alvah    828,829 

Cyrus 707,  739,  740 

Daniel    345,  348,  620,  621 

Henry    .  . 63,  256,  704 

Jonathan 242 

Nathaniel   408,  795 

Richard  D 795 

Tuftonborough    3,  65 

171,257,278,335,383,479 
578,  648, 706, 797, 888, 925 

Tuttle,  James 817 

John  G 61 

Samuel   59 

Twitchel,  Cyrus 322 

T wombly,    Lemuel 60,  6 1 

Tyler,  Austin.. 580,  708,  759 


996 


INDEX 


Tyler,  Bennet 178 

Ephraim 759 

Jonas    798 

Moses    188,518 

Underhill,  Jesse  1 576 

Jesse  J 704 

Underwood,  Erastus 934 

James    5,  67,  173,  7°7 

Unity    5,  67,  173,  259,  337,  385,  463 

481,  580,  650,  709,  803,  887, 927 

Upham,  George  B 5,  93,  314 

Nathaniel 623 

Timothy 168,  206,  322,  688 

Usher,  Ellis  B 242 

Varney,  James  B 283,  492 

Jesse 175,  190,  219,  233,  234,  2>22 

Moses 219 

Veazey,  Daniel 3,  64,  170,  256 

Vennard,  William,  Jr 705 

Vernon,   Vt 548 

Vincent,  Anthony 251 

Thomas,  Jr 68,  260,  482,  583 

Virgin,  Joel  B 170,  256,  382 

Simeon    934 

Vose,  Frederick 182 

Roger    311,312 

Wadleigh,    Benjamin ....  172,  258,  384 

Thomas 4,  66 

Wait,    Franklin 46 

Wait's    river 417,  495 

Wakefield   3,65 

137,  171,257,335,383,479 
578,659,706,888,925,932 

Wakefield,  John 75,  76 

Walcutt,  Willard 496,  497 

Waldron,   Azariah 3,  257 

Isaac    43,  229,  322,  688 

Isaac,  Jr 2 

John    190 

Walker,    Abiel 374 

Gideon  44,  45 

Gideon,    Jr 797 

Gideon    W 797 

Jeremiah  B 936 

Lyman    B 92,  345,  706 

Phinehas   305,  326,  470 

687, 688, 696 

Richard    492 

William,    Jr 65,257,577,787 

Walker    pond 272,  273 

Wallace,  Andrew   "66,  172 

E.    F 148 

James    4,  66,  148,  172 

259,492,403,581,709 
Wallace,  John,  Jr 1,  63,  169,  255 

381,477,576,704 

Robert   M 258,  480,  579 

Walpole    1,  5,  67 

173,  182,228,255,260,337 
381,385,451,454,477,481 
580,  708,  795,  880,  887,  927 


Ward,    Jeremiah 20 

William   H 392 

Wardner,   Allen 805 

Wardwell,    Ezra 385,481,  708 

Warner    4,  66,  172,  221 

258,288,335,367,384,412 
480,  579,  707,  889, 897, 925 

Warner,  James  M 172,  259 

Warren    6,  68,  174,  260,  338 

386,482,581,709,887,928 

Warren,    Columbus 391 

Nahum    46 

Washburn,  Salmon 12 

Washington   5,  67,  97 

173,255,260,337,385,481 

580, 650,  709,  880,  888,  927 

Washington,  Fanny  Proctor....   272 

George    463 

Hannah    272 

John    Shepard 272 

Wash   pond 516 

Wason,    Thomas   B 707 

Waterman,    Thomas 774 

Waterqueechee    falls 548,  550 

Way,    John 5,67,  173 

Wells 67 

Weare    4,  63,  66,  172,  259,  336 

384, 481, 580, 708,  887,  926 

Webber,   Edward 941 

Webster,    David 65,  171,  688 

Ezekiel .4,  66,  171,  257 

276,  578,  706, 761 

Humphrey    6,67 

John    20 

Samuel  C 68,  482,  581,  688 

Stephen    P 169,  255,  381 

William    6,256,326,327,382 

470,473,705,798,941,942 

William    G 623 

Worcester     635 

Weeks,   George 369,  370 

John  W 477,  576,  704,  783,  830 

Joseph     5,  67,  170 

173,256,382,481 

Levi   R 534 

Weld,    Joseph 386,  470 

Wells,  David  W 583 

Enos    6,  260,  581 

Moses  K 272 

Wells'    river 548,  550 

Wendell     (Sunapee) 5 

67,  173,260,278,337,385 
481,  580,  650,  709,  888,  927 

Wendell,    Abraham 175 

Isaac     175,  176,  322,  490,  688 

Jacob     175,  207,  478 

Wentworth  .  .  .6,  68,  147,  165,  174,  260 
295, 304,  305,  338,  386,  477 
482,576,581,655,656,687 
690, 704, 709, 887, 928, 932 

Wentworth,  Asa,  Jr 708 

David    80 

Ebenezer 713 

Ezekiel    3,  65,  383,  479,  578,  706 


INDEX 


997 


Wentworth,  John 220 

Paul    349 

Wentworth's    Location 339,  929 

West,  James 635 

West   Boscawen 936 

Westfield,   Mass 812 

Westmoreland  ..1,63,67,  173,241,260 
329,337,385,477,481,548 
576, 580, 704, 708, 887, 927 

Weston,  Amos,  Jr 579 

William    49. 

Weymouth,   James 87 

Wheeler,    John 175,  218,  220 

322,  605, 606, 688 

Stephen    172,  259,  579 

707,814,817 

Thomas,    Jr 764 

William    782 

Wheet,   Nathaniel 648,  649 

Whidden,   Elisha 229,  322,  688 

Whipple,  Thomas,  Jr 655,  656 

Whitcomb,    Henry 579 

White,   Amos 283 

Benson    648 

David    383,479 

Henry   399 

John     86,  87,  156 

Joseph   W 96,  97 

Joseph    Warren 498 

Josiah   225 

Nicholas   285 

Samuel    601,  602 

Thomas  R 90 

Whitefield    209,  210,  261,  339,  483 

581,710,834,880,888,929,936 

Whitehouse,   James 190 

White  river  falls. .  .538,  548,  550,  701 

Whitman,  David,  Jr 404 

Ford    65,  171,  242,  257,  383 

Whitney,  John 264 

Luther 385,  580 

Whittemore,  Aaron 480 

Jacob 914 

Moses   B 511 

Salmon    397,  416 

William    4,  66,  172,  258,  384 

447, 480, 567, 568, 579, 707 

Whittier,  Nathaniel 6 

Richard 482,  709 

Wiggin,   Benjamin 492 

Henry   L 383,  659 

Joseph   P 659 

Porter  K 659 

Thomas 604 

Wilcomb,    James 704,  929 

Wilcox.    Leonard 709 

Uriah    5 

Wilder,  Samuel  L 5,  67,  173,  708 

William    199 

Wilkins,  James  M.  H 726 

Jeremiah    H 737 

Willard 914 

Calvin   281 

John    16 


Willey,  George 49 

Isaac  623 

James   382 

John    604 

Reuben    259,  385,  708 

Samuel    322,  790 

Squire  49 

Williams,  Jared  W 601,  602,  783 

John    ....190,193,218,220,233,234 
322,  382,  479,  492, 578,  688, 706 

John  D 713 

N.    W 497,498 

Willimanset   falls 550 

Willis,   James 193,  194,  709,  774 

Wilmot    4,  66,  172,  221,  258 

335, 342, 367, 384, 480, 575 
579,707,881,888,897,925 

Wilson,    Alexander 384, 480 

James    4 

James,  Jr 385,  451,  481 

562,  580,  704, 708 

Jeremiah    3,65,171,219,257 

John    174,  291,  292,  385 

386,481,580,708 

Nathaniel   587 

Thomas   480,  587,  707 

William,  Jr 484 

Wilton    66,  172,  259,  336,  368,  369 

384,481,580,708,725,887,926 

Winch,  Francis 826,  827 

Winchester    ...  5,  67,  173,  260,  303,  337 
385,  403,  481,  580,  708,  886, 927 

Winchester,   Samuel 580,  708 

Windham 3,  64,  170,  256,  334,  382 

478,  577,  627, 705,  725, 887, 924 

Windsor 4,  336,  367,  480 

579, 708, 888,  926 

Windsor,    Vt 311,  541,  548,  812 

Wingate,    Jeremiah 322,  688 

John    706 

Paine 593 

Winkley,  David 65,  382 

John    817 

Winn,  Joseph 518 

Winnipiseogee  lake.  .231,  298,  299,  305 
322-324,  405,  406,  426,  493 
574, 687, 688, 690, 695-697 

river 234,  298,  574 

682, 696, 785,  880 

Winslow's  Location 339,  929 

Witham,  Josiah 80 

Wolcott,  Christopher  C 713,  714 

Wolf  eborough    3,  49 

65,  146,  171,257,271,278 
335, 383, 479, 530, 578, 706 
725, 748, 749, 888, 925,  932 

Wood,  John 5,  169 

John  L 310,  312 

Samuel   760 

Woodbury,  Daniel 4,  66 

Elisha   171 

Folensbee  725 

John    725 

Levi  169,  382 


998 


INDEX 


Woodbury,  Levi  Austin 725 

Mark 4 

Susannah   725 

Woodcock,  Belinda 530 

Celista    530 

Dorothy    530 

Eliza   530 

John 463,  530 

Rebecca    530 

Samuel   Brackett 463 

Sarah    530 

Woodman  914 

Aaron    499 

Betsy 463 

Charles    3,  63,  65,  343 

Elbridge  Gerry 463 

Francis 463 

I.  H 623,  624 

Irenea  Jane 463 

Jeremiah  H 171,257,499 

Joseph 3,  65 

Joshua    20 

Samuel   343 

Thomas,  Jr 463 


Woodman,  Thomas  Penny 463 

William    218 

Woods,  Charles  Augustus 648 

Enoch  Charles  Augustus 648 

Nathaniel  428 

Woodstock.     See  Peeling. 

Woodward,  James  W 510 

Woolson,   Thomas . .  .  328,  329,  385,  451 

481,704,750,935 

Worster,  Isaac 80 

Worthen,   Samuel 725 

Samuel    Rush 725 

Wright,  Lyman 397,  416 

Wyeth,  Nathaniel  1 264 

Wyman,  Luther 271 

Moses    530 

Young,  Ammi  B 404,  774 

Jeremy    283 

John    481,  580 

John    C 257,  383,  578 

Nathaniel    283,  285 

Samuel    386,  404,  482 

Youngman,    Jabez 4,66,384,480